. . . . . . . . . . . . . . - . . . . . . . . . . . . - . . . . . . . - . . . . - . . . . . . . . . . . . . . . . . . . - . . (Original Signature of Member) 113TH CONGRESS 21) SESSION H. R. 1 To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the bulk collection of call detail records, and for other purposes. IN THE HOUSE OF REPRESENTATIVES Mr. ROGERS of Michigan (for himself and [sec LIST of cospon- sors]) introduced the following bill; which was referred to the Committee on A BILL To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the bulk collection of call detail records, and for other purposes. 1 Be it enacted by the Senate and House of Representa- 2 tives of the United States ofAmem?ca in Congress assembled, 3 SECTION 1. SHORT TITLE. 4 This Act may be cited as the Transparency 5 and Modernization Act". .xmI (570604|5) March 25. 2014 (2:42 fid I- l\J r--n--I KO [0 l\-3 [0 I0 l\J U3 [0 .xml 2 SEC. 2. PROI-IIBITION ON BULK COLLECTION OF CALL DE- TAIL RECORDS. Section 501(a) of the Foreign Intelligence Surveil- lance Act of 1978 (50 U.S.C. 1861) is amended-- (1) 'in (1), by striking "other items" and ;'other items, but not including call de- tail records"; and (2) by adding at the end the following new paragraph:". In this subsection, the term 'call detail records' means communications routing information, including an original or terminating telephone number, an Inter- national Mobile Subscriber Identity, an International Mo- bile Station Equipment Identity, a trunk identifier, a tele- phone calling card number, the time or duration of a call, or original or terminating text-message numerical infor- mation.". SEC. 3. ON BULK COLLECTION OF ELEC- TRONIC COMMUNICATIONS RECORDS. IN GENER.AL.--Notwithstanding any other provi- sion of law, the Federal Government may not acquire under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) records of any electronic commu- nication without the use of specific identifiers or selection terms. (570604l5) March 25. 2014 (2:42 [gt fl D) 9-: -P v--.xm| 3 DEFINITION OF ELECTRONIC COMMUNICA- this section, the term "electronic communica- tion" has the meaning given such term under section 2510 of title 18, United States Code. SEC. 4. PROHIBITION ON BULK COLLECTION OF CERTAIN BUSINESS RECORDS. Notwithstanding any other provision of law, the Fed- eral Government may not acquire under the Foreign Intel- ligence Surveillance Act of 197 8 (50 USC. 1801 et seq.) library circulation records, library patron lists, book sales records, book customer lists, firearm sales records, tax re- turn records, educational records, or medical records con- taining information that would identify a person Without the use of specific identifiers or selection terms. SEC. 5. APPOINTMENT OF AMICUS CURIAE. Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by adding at the end the following: AMICUS CURIAE.-- any other provision of law, a court established under subsection or may, consistent with the re- quirement of subsection and any other statutory requirement that the court act expeditiously or With- in a stated time, to appoint amicus curiae to assist (570604|5) March 25. 2014 (2:42 p--d p--l\-3 U0 [0 U1 .xm| March 25, 2014 (2:42 4 the court in the consideration of a covered applica- tion. courts established by subsection and shall each designate 1 or more individuals Who have been determined by ap- propriate executive branch officials to be eligible for access to classified information who may be ap- pointed to serve as amicus curiae. In appointing an amicus curiae pursuant to paragraph (1), the court may choose from among those so designated. individual appointed as an amicus curiae under paragraph (1) may be a spe- cial counsel or an expert on privacy and civil lib- erties, intelligence collection, telecommunications, or any other area that may lend legal or technical ex- pertise to the court. amicus curiae appointed under paragraph (1) to assist with the consideration of a covered application shall carry out the duties assigned by the appointing court. That court may authorize, to the extent consistent with the case or controversy requirements of Article of the Con- stitution of the United States and the national secu- rity of the United States, the amicus curiae to re- view any application, certification, petition, motion, (570604|5) fund --A U) -P v--.xml March 25. 2014 (2:42 5 or other submission that the court determines is rel- evant to the duties assigned by the court. OTIFICATION.--A court established under subsection or shall notify the Attorney Gen- eral of each exercise of the authority to appoint an amicus curiae under paragraph (1). 6) ASSISTANCE.--A court established under subsection or may request and receive (in- cluding on a non-reimbursable basis) the assistance of the executive branch the implementation of this subsection. court established under subsection or may provide for the des- ignation, appointment, removal, training, support, or other administration of an amicus curiae appointed under paragraph (1) in a manner that is not incon- sistent with this subsection. CONGRESSIONAL Attor- ney General shall submit to the appropriate commit- tees of Congress an annual report on the number of notices described in paragraph (5) received by Attor- ney General for the preceding 12-month period. Each such report shall include the name of each in- dividual appointed as an amicus curiae during such period. (570604l5) )j finfi U.) -F- r--r--a [0 I0 U) .xml March 25, 2014 (2:42 6 this subsection: APPROPRIATE COMMITTEES OF CON- term 'appropriate committees of Congress' means- tl1e 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 Representa- tives. COVERED term 'covered application' means an application for an order or review made to a court established under subsection or that, in the opinion of such a court, presents a novel or significant inter- pretation of the law; and that is-- an application for an order under this title, title IV, or of this Act, or section 703 or 7 04 of this Act; (570604|5) [rt r-t .35 7 a review of a certification or procedures under section 503 or 702 of this Act; or a notice of non-compliance with any such order, certification, or procedures.". SEC. 6. REPORTING REQUIREMENTS FOR DECISIONS OF THE FOREIGN INTELLIGENCE SURVEIL- LANCE COURT. Section 601(c)(1) of the Foreign Intelligence Surveil- lance Act of 1978 (50 U.S.C. 1871(c)) is amended to read 12 as follows.xml March 25, 2014 (2:42 not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Re- view issues a decision, order, or opinion that in- cludes a significant construction or interpretation of any provision of this Act or a denial of a request for an order or a modification of a request for an order, or results in a change of application of any provision of this Act or a new application of any provision of this Act- a copy of such decision, order, or opinion and any pleadings, applications, or (570604|5) 8 memoranda of law associated with such deci- sion, order, or opinion; and with respect to such decision, order, or opinion, a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and". SEC. 7. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS. VI of the Foreign In- telligence Surveillance Act of 1978 (50 U.S.C. 1871 et t--l fl seq.) is amended-- (1) in the heading, by striking ING and inserting and l\-3 00 -P U1 (2) by adding at the end the following new sec- r--s ON tion: \l 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 9- OO ORDERS, AND OPINIONS. DECLASSIFICATION to [0 CD subsection the Director of National Intelligence shall l\J r--t conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance l\3 0.) Court or the Foreign Intelligence Surveillance Court of [0 -P Review that includes significant construction or interpre- l\-3 LII tation of any provision of this Act and, consistent with .xm| (570604|5) March 25, 2014 (2:42 fizl fl u--.xml 9 that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. REDACTED Director of National Intelligence may satisfy the requirement under subsection to make a decision, order, or opinions described in such subsection publicly available to the greatest extent prac- ticable by making such decision, order, or opinion publicly available in redacted form. NATIONAL SECURITY Director of National Intelligence may waive the requirement to declas- sify and make publicly available a particular decision, order, or opinion under subsection if the Director-- determines that a waiver of such require- ment is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and makes publicly available an unclassified summary of such decision, order, or opinion.". TABLE OF CONTENTS table of contents in the first section of such Act is amended- (1) by striking the item relating to title VI and inserting the following new item: AND (2) by inserting after the item relating to sec- tion 601 the following new item: "Scc. 602. Dcclassification of significamt decisions, orders, and opinions". (570604|5) March 25, 2014 (2:42 .xml 10 SEC. 8. PUBLIC REPORTING ON INCIDENTAL COLLECTION OF UNITED STATES PERSON INFORMATION. Section 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended-- (1) by redesignating subsection as sub- section and (2) by inserting after subsection the fol- lowing new subsection: PUBLIC REPORTING ON INCIDENTAL COLLEC- TION OF UNITED STATES PERSON Attorney General shall annually make publicly available a report describing the number of identified instances in which the contents of a communication of a United States person was acquired under this Act when the acquisition authorized by this Act that resulted in the collection of such contents could not reasonably have been anticipated to capture such contents.". SEC. 9. ANNUAL REPORTS ON VIOLATIONS OF LAW OR EX- ECUTIVE ORDER. IN of the National Security Act of 1947 (50 USC. 3091 et seq.) is amended by add- ing at the end the following: 509. ANNUAL REPORT ON VIOLATIONS OF LAW OR EX- ECUTIVE ORDER. ANNUAL REPORTS later than April 1 of each year, the Director of National Intelligence (570604|5) March 25, 2014 (2:42 ?h l\-.xml 11 shall submit to the congressional intelligence committees a report on violations of law or executive order by per- sonnel of an element of the intelligence community that were identified during the previous calendar year. report required subsection shall include a description of any violation of law or executive order (including Executive Order 0. 12333 50 U.S.C. 3001 note)) by personnel of an element of the intel- ligence community in the course of such employment that, during the previous calendar year, was determined by the director, head, general counsel, or inspector general of any element of the intelligence community to have occurred.". CLERICAL table of sections in the first section of the National Security Act of 1947 is amended by adding after the section relating to section 508 the following: "Sec. 509. Annual report on violations of law or executive SEC. 10. PERIODIC REVIEW OF COMMUNITY PROCEDURES FOR THE ACQUISITION, RETEN- TION, AND DISSENHNATION OF INTEL- LIGENCE. IN of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), as amended by sec- tion 9, is further amended by adding at the end the fol- lowing: (570604|5) March 25. 2014 (2:42 4.131 .xm| 12 510. PERIODIC REVIEW OF INTELLIGENCE COMMU- NITY PROCEDURES FOR THE ACQUISITION, RETENTION, AND DISSEMINATION OF INTEL- LIGENCE. HEAD OF AN ELEMENT OF THE INTELLIGENCE COMMUNITY this section, tl1e term 'head of an element of the intelligence community' means, as the head of an element of the intelligence community; Or the head of the department or agency con- taining such element. REVIEW PROCEDURES APPROVED BY THE ATTORNEY GENERAL.- head of an element of the intelligence REQUIREMENT FOR IMMEDIATE RE- community that has not obtained the approval of the Attorney General for the procedures, in their en- tirety, required by section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note) Within 5 years prior to the date of the enactment of the FISA Trans- parency and Modernization Act, shall initiate, not later than 180 days after such date of enactment, a review of the procedures for such element, in accord- ance with paragraph (3). (570604l5) March 25, 2014 (2:42 fl fii r--.xm| March 25. 2014 (2:42 13 REQUIREMENT FOR less frequently than once every 5 years, each head of an element of the intelligence community shall conduct a review of the procedures approved by the Attorney General for such element that are required by sec- tion 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or any successor order, in accordance with paragraph (3). REQUIREMENTS FOR REVIEWS.--I11 coordi- nation with the Director of National Intelligence a11d the Attorney General, the head of an element of the intelligence community required to perform a review under paragraphs (1) or (2) shall- review existing procedures for such element that are required by section 2.3 of Ex- ecutive Order 12333 (50 U.S.C. 3001 note), or any successor order, to assess whether- advances in communications or other technologies since the time the proce- dures were most recently approved by the Attorney General have affected the privacy protections that the procedures afford to United States persons, to include the pro- tections afforded to United States persons whose nonpublic communications are inci- (570604l5) LII .xml March 25. 2014 (2:42 14 dentally acquired by an element of the in- telligence community; or aspects of the existing proce- dures impair the acquisition, retention, or dissemination of timely, accurate, and in- sightful information about the activities, capabilities, plans, a11d intentions of for- eign powers, organization, and persons, and their agents; and propose any modifications to existing procedures for such element in order to-- clarify the guidance such proce- dures afford to officials responsible for the acquisition, retention, and dissemination of intelligence; eliminate unnecessary impedi- ments to the acquisition, retention, and dissemination of intelligence; or ensure appropriate protections for the privacy of United States persons and persons located inside the United States. Director of National Intel- ligence and the Attorney General shall notify the congressional intelligence committees following the (570604|5) fix! --A U.) -55 U1 15 completion of each review required under this sec- tion. REQUIREMENT TO PROVIDE PROCE- the implementation of any modifica- tions to procedures required by section 2.3 of Execu- tive Order 12333 (50 U.S.C. 3001 note), or any suc- cessor order, the head of the element of the intel- ligence community to which the modified procedures apply shall provide a copy of the modified procedures to the congressional intelligence commit- tees.". CLERICAL table of sections in the first section of the National Security Act of 1947, as amended by section 9, is further amended by adding after the section relating to section 509 the following: "Sec. 510. Periodic review of intelligence community procedures for the acquisi- tion, retention, and dissemination of intelligence". 16 SEC. 11. PROCEDURES FOR TARGETED ACQUISITIONS OF 17 18 19 TERRORIST AND FOREIGN AGENT NON-CON- TENT COMMUNICATIONS RECORDS. IN of the Foreign Intelligence 20 Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is 21 amended by adding at the end the following new section: 31 .xml March 25, 2014 (2:42 (570604l5) )j l\J rd fill-?U) 00 [0 r--s [0 I0 l\J U) -P .xm| 16 503. PROCEDURES FOR TARGETED ACQUISITIONS OF TERRORIST AND FOREIGN AGENT NON-CON- TENT COMMUNICATIONS RECORDS. any other provision of law, upon the issuance of an order in accord- ance with subsection or a determination under sub- section the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 year from the effective date of the authoriza- tion, the acquisition from an electronic communication service provider of records created as a result of commu- nications of an individual or facility who, based on reason- able and articulable suspicion, is-- a foreign power or the agent of a foreign power; associated with a foreign power or the agent of a foreign power; or in contact with, or known to, a suspected agent of a foreign power. acquisition authorized under subsection shall be reasonably dcsigned-- not to acquire-- the contents associated with any com- munication; (570604|5) March 25. 2014 (2:42 fij .xml March 25. 2014 (2:42 17 records of wire or electronic commu- nications without the use of specific identifiers or selection terms; information for an investigation of a United States person conducted solely upon the basis of activities protected by the first amend- ment to the Constitution; or the name, address, social security number, employer or taxpayer identification number, date of birth, or credit card number of any United States person; and to comply with the fourth amendment to the Constitution of the United States. CONDUCT OF ACQUISITION.-- 1) IN acquisition authorized under subsection shall be conducted only-- in accordance with the selection and civil liberties and privacy protection procedures adopted in accordance with subsections and and upon submission of a certification in accordance with subsection determination under this paragraph and for purposes of subsection is a determination by the Attorney General and the Di- (570604|5) )?11 v--r \l O0 v--l\-3 U.) -P .xml March 25, 2014 (2:42 18 rector of National Intelligence that exigent cir- cumstances exist because, Without immediate imple- mentation of an authorization under subsection intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection prior to the implemen- tation of such authorization. TIMING 01+' Attor- ney General and the Director of National Intel- ligence may make the determination under para- graph before the submission of a certifi- cation in accordance with subsection or by amending a certification pursuant to subsection at any time during which judicial review under subsection of such certification is pending. SELECTION REQUIREMENT TO Attorney General, in consultation with the Director of Na- tional Intelligence, shall adopt selection procedures that are reasonably designed to ensure that any ac- quisition authorized under subsection complies (570604|5) 19 1 with the requirements and limitations relating to 2 such acquisitions under subsections and 3 JUDICIAL procedures 4 adopted in accordance with paragraph 1) shall be 5 subject to judicial review pursuant to subsection 6 CIVIL LIBERTIES AND PRIVACY PROTECTION 7 PROCEDURES.-- 8 REQUIREMENT TO Attorney 9 General, in consultation with the Director of Na- 10 tional Intelligence, shall adopt civil liberties a11d pri- 11 vacy protection procedures that are reasonably de- 12 signed to-- 13 minimize the impact of any acquisi- 14 tion authorized by on the privacy and civil 15 liberties of United States persons; and 16 reasonably limit the receipt, reten- 17 tion, use, and disclosure of communications 18 records associated with a specific person when 19 such records are not necessary to understand 20 foreign intelligence information or assess the 21 importance of such information. 22 JUDICIAL civil liberties and 23 privacy protection procedures adopted in accordance 24 with paragraph (1) shall be subject to judicial review 25 pursuant to subsection March 25, 2014 (2:42 (570604|5) 20 1 GUIDELINES FOR COMPLIANCE WITH LIMITA- 2 3 REQUIREMENT To Attorney 4 General, in consultation with the Director of Na- 5 tional Intelligence, shall adopt guidelines to 6 compliance with the requirements and 7 limitations under subsections and and 8 that an application for a court order 9 is filed as required by this title. 10 SUBMISSION OF Attor- 11 ney General shall provide the guidelines adopted in 12 accordance with paragraph 13 the congressional intelligence commit- 14 tees; 15 the Committees on the Judiciary of 16 the Senate and the House of Representatives; 17 and 18 the Foreign Intelligence Surveillance 19 Court. 20 21 IN GENERAL.-- 22 REQUIREMENT TO SUBMIT CERTIFI- 23 to subparagraph (B), prior to 24 the implementation of an authorization under 25 subsection the Attorney General and the .xml March 25, 2014 (2:42 (570604|5) )j fl l\3 r--I--A U.) I0 -5 [9 U1 .xml March 25. 2014 (2:42 21 Director of National Intelligence shall provide to the Foreign Intelligence Surveillance Court a Written certification and any supporting affi- davit, under oath and under seal, in accordance with this subsection. the Attorney Gen- era] and the Director of National Intelligence make a determination under subsection and time does not permit the submission of a certification under this subsection prior to the implementation of an authorization under sub- section the Attorney General and the Direc- tor of National Intelligence shall submit to the Court a certification for such authorization as soon as practicable but in no event later than 7 days after such determination is made. CERTIFICATION REQUIR.EMENTS.--A cer- tification made under this subsection shall-- attest that-- procedures have been approved, have been submitted for approval, or will be submitted with the certification for ap- proval by the Foreign Intelligence Surveil- lance Court that are reasonably designed to ensure compliance with the require- (570604l5) )j pi fi--l\-3 0.) IO -P [0 U1 .xmI March 25, 2014 (2:42 pm.) 22 ments and limitations under subsections and the civil liberties and privacy pro- tection procedures to be used with respect to such acquisition- meet the requirements of civil liberties and privacy protection procedures adopted under subsection and have been approved, have been submitted for approval, or will be. submitted with the certification for approval by the Foreign Intelligence Surveillance Court; guidelines have been adopted in accordance with subsection to ensure compliance With the limitations in sub- section and to ensure that an applica- tion for a court order is filed as required by this chapter; the procedures and guidelines re- ferred to in clauses and are consistent with the requirements of the fourth amendment to the Constitution of the United States; (570604|5) fij fij D.xmI March 25. 2014 (2:42 23 a significant purpose of the ac- quisition is to obtain foreign intelligence information; (vi) the acquisition involves obtaining foreign intelligence information from or with the assistance of an electronic communications service provider; and the acquisition complies with the limitations in subsection include the procedures adopted in ac- cordance with subsections and be supported, as appropriate, by the afiidavit of any appropriate official in the area of national security who is-- appointed by the President, by and with the advice and consent of the Senate; or the head of an element of the in- telligence community; include- an effective date for the author- ization that is at least 30 days after the submission of the written certification to the court; or if the acquisition has begun or the effective date is less than 30 days after (570604l5) pj yj fl [0 r--a U3 r--t -5 r--.xml March 25, 2014 (2:42 24 the submission of the written certification to the court, the date the acquisition began or the effective date for the acquisition; and if the Attorney General and the Di- rector of National Intelligence make a deter- mination under subsection include a statement that such determination has been made. CHANGE IN EFFECTIVE At- torney General and the Director of National Intel- ligence may advance or delay the effective date re- ferred to in paragraph by submitting an amended certification in accordance with subsection to the Foreign Intelligence Surveillance Court for review pursuant to subsection MAINTENANCE OF Attorney General or a designee of the Attorney Gen- eral shall maintain a copy of a certification made under this subsection. JUDICIAL REVIEW.--A certification sub- mitted in accordance with this subsection shall be subject to judicial review pursuant to subsection DIRECTIVES.-- (570604|5) fl #5 fund v--t l\J r--A U3 v--I -P LII I- 00 v--d U) I0 .xml March 25, 2014 (2:42 25 respect to an acquisi- tion authorized under subsection the Attorney General and the Director of National Intelligence may direct, i11 writing, an electronic communications service provider to- immediately provide the Government with records, whether existing or created in the future, in the format specified by the Govern- ment and in a manner that Will protect the se- crecy of the acquisition; and maintain under security procedures approved by the Attorney General and the Di- rector of National Intelligence any records con- cerning the aid furnished that such electronic communication service provider retains. COMPENSATION AND Government shall compensate, at the prevailing rate, an electronic communications service provider for providing records in accordance with directives issued pursuant to paragraph (1). The Government may provide any information, facilities, or assistance necessary to aid an electronic communications serv- ice provider in complying With a directive issued pur- suant to paragraph (1). (570604I5) l--LII .xmI March 25, 2014 (2:42 26 RECORD any direc- tive issued under paragraph (1), the Attorney Gen- eral shall retain a record of the information indi- cating that, at the time the directive was issued, the directive complied with the selection procedures es- tablished by subsection JUDICIAL REVIEW.-- REQUIREMENT TO PROVIDE DIREC- TIVES AND SUPPORTING REcoRDs.--The Attor- ney General shall provide to the court established by section 103(a) a copy of each di- rective issued under paragraph (1) and a copy of each record prepared under paragraph (3). REMEDY FOR IMPROPER DIREC- court shall consider each directive and record provided under subpara- graph (A), and if the court finds that a record prepared under paragraph (3) does not meet the requirements of the selection procedures es- tablished by subsection the court may order that the production of records under the appli- cable directive be terminated or modified, that the information produced in response to the di- rective be destroyed, or another appropriate remedy. (570604I5) [v--.xml March 25, 2014 (2:42 27 CHALLENGING OF DIRECTIVES.-- AUTHORITY TO electronic communications service provider re- ceiving a directive issued pursuant to paragraph (1) may file a petition to modify or set aside such directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition. presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 103(c)(1) not later than 24 hours after the filing of such peti- tion. STANDARDS FOR judge considering a petition filed under subparagraph (A) may grant such petition only if the judge finds that the directive does not meet the re- quirements of this section or is otherwise un- lawfiil. PROCEDURES FOR INITIAL RE- VIEW.--A judge shall conduct an initial review of a petition filed under subparagraph (A) not later than 5 days after being assigned such pe- tition. If the judge determines that such peti- (570604|5) pi i [gt . n--1-: r--t I0 [0 l\-3 U.) IQ -P l\J U1 .xm| March 25, 2014 (2:42 28 tion consists of claims, defenses, or other legal contentions that are not warranted by existing law or consists of a frivolous argument for ex- tending, modifying, or reversing existing law or for establishing new law, the judge shall imme- diately deny such petition and affirm the direc- tive or any part of the directive that is the sub- ject of such petition and order the recipient to comply with the directive or any part of it. Upon making a determination under this sub- paragraph or thereafter, the judge shall provide a Written statement for the record of the reasons for such determination. PROCEDURES FOR PLENARY RE- a judge determines that a petition filed under subparagraph (A) requires plenary review, the judge shall affirm, modify, or set aside the directive that is the subject of such petition not later than 30 days after being as- signed such petition. If the judge does not set aside the directive, the judge shall immediately affirm or affirm with modifications the direc- tive, and order the recipient to comply with the directive in its entirety or as modified. The judge shall provide a written statement for the (570604l5) March 25. 2014 (2:42 29 record of the reasons for a determination under this subparagraph. CONTINUED directive not explicitly modified or set aside under this paragraph shall remain in full effect. CONTEMPT OF COURT.--Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court. ENFORCEMENT or DIRECTIVES.-- ORDER TO an electronic communications service provider fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the service to comply with the directive with the Foreign Intelligence Sur- veillance Court, which shall have jurisdiction to review such petition. presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 103(c)(1) not later than 24 hours after the filing of such peti- tion. PROCEDURES FOR judge considering a petition filed under subparagraph (570604l5) March 25. 2014 (2:42 30 (A) shall, not later than 30 days after being as- signed such petition, issue an order requiring the electronic communications service provider to comply with the directive or any part of it, as issued or as modified, if the judge finds that the directive meets the requirements of this sec- tion and is otherwise lawful. The judge shall provide a written statement for the record of the reasons for a determination under this paragraph. CONTEMPT OF CoURT.--Fai1ure to obey an order issued under this paragraph may be punished by the Court as contempt of court. process under this paragraph may be served in any judicial district in which the electronic communications service provider may be found. APPEAL.-- APPEAL TO THE COURT OF RE- Government or an electronic com- munications service provider receiving a direc- tive issued pursuant to paragraph (1) may file a petition with the Foreign Intelligence Surveil- lance Court of Review for review of a decision issued pursuant to paragraph (4) or (5). The (570604|5) #.xml March 25, 2014 (2:42 31 Court of Review shall have jurisdiction to con- sider such petition and shall provide a written statement for the record of the reasons for a decision under this subparagraph. CERTIORARI TO THE SUPREME Government or an electronic com- munications service provider receiving a direc- tive issued pursuant to paragraph (1) may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have ju- risdiction to review such decision. RULE or in this subsection shall be construed to prevent a direc- tive issued u11der paragraph (1) from requiring an electronic communications service provider to produce additional records, whether existing or cre- ated in the future, based on records produced by a previous directive issued under paragraph (1). JUDICIAL REVIEW or CERTIFICATIONS AND IN (570604l5) fl fi-3| UJ 45 r--l\J U.) l\J LII .xm| March 25. 2014 (2:42 32 REVIEW BY THE FOREIGN INTEL- LIGENCE SURVEILLANCE Foreign Intelligence Surveillance Court shall have juris- diction to review a certification submitted in ac- cordance with subsection and the selection and civil liberties and privacy protection proce- dures adopted in accordance with subsections and and amendments to such certifi- cation or such procedures. TIME PERIOD FOR Court shall review a certification submitted in accordance with subsection and the selection and civil liberties and privacy protection proce- dures adopted in accordance with subsections and and shall complete such review and issue an order under paragraph (3) not later than 30 days after the date on which such cer- tification and such procedures are submitted. Attorney Gen- eral and the Director of National Intelligence may amend a certification submitted in accord- ance with subsection or the selection and civil liberties aI1d privacy protection procedures adopted in accordance with subsections and as necessary at any time, including if the (570604l5) #1 v-as l\J r--.xml March 25. 2014 (2:42 33 Court is conducting or has completed review of such certification or such procedures, and shall submit the amended certification or amended procedures to the Court not later than 7 days after amending such certification or such proce- dures. The Court shall review any amendment under this subparagraph under the procedures set forth in this subsection. The Attorney Gen- eral and the Director of National Intelligence may authorize the use of an amended certifi- cation or amended procedures pending the Court's review of such amended certification or amended procedures. Court shall review the fol- lowing: certification sub- mitted in accordance with subsection to de- termine whether the certification contains all the required elements. SELECTION se- lection procedures adopted in accordance with subsection to assess whether the procedures are reasonably designed to meet the require- ments of subsection (570604l5) hd [0 00 r-a U1 r--l\J LII .xml March 25, 2014 (2:42 34 CIVIL LIBERTIES AND PRIVACY PRO- TECTION civil liberties and privacy protection procedures adopted in ac- cordance With subsection to assess Whether such procedures meet the requirements of sub~ section ORDERS.-- the Court finds that a certification submitted in accordance with subsection contains all the required ele- ments and that the selection and civil liberties and privacy protection procedures adopted in accordance With subsections and are consistent with the requirements of those sub- sections and with the fourth amendment to the Constitution of the United States, the Court shall enter an order approving the certification and the use, or continued use in the case of an acquisition authorized pursuant to a determina- tion under subsection of the procedures for the acquisition. CORRECTION OF the Court finds that a certification submitted in accordance with subsection does not contain all the required elements, or that the proce- (57oso4I5) yj [xi [0 v---I3 .xmI March 25. 2014 (2:42 pm.) 35 dures adopted in accordance with subsections and are not consistent with the require- ments of those subsections or the fourth amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government's elec- tion and to the extent required by the Court's order-- correct any deficiency identified by the Court's order not later than 30 days after the date on which the Court issues the order; or cease, or not begin, the i1nple- mentation of the authorization for which such certification was submitted. REQUIREMENT FOR WRITTEN STATE- support of an order under this sub- section, the Court shall provide, simultaneously with the order, for the record a written state- ment of the reasons for the order. APPEAL.-- APPEAL To THE COURT OF RE- Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order under this sub- (570604|5) [IN) l\-3 U.) UI .xml March 25, 2014 (2:42 36 section. The Court of Review shall have juris- diction to consider such petition. For any deci- sion under this subparagraph affirming, revers- ing, or modifying an order of the Foreign Intel- ligence Surveillance Court, the Court of Review shall provide for the record a written statement of the reasons for the decision. CONTINUATION OF ACQUISITION PENDING REHEARING OR acqui- sition affected by an order under paragraph may continue- during the pendency of any re- hearing of the order by the Court en banc; and if the Government files a petition for review of an order under this section, until the Court of Review enters an order under subparagraph (C). later than 60 days after the filing IMPLEMENTATION PENDING AP- of a petition for review of an order under para- graph directing the correction of a defi- ciency, the Court of Review shall determine, and enter a corresponding order regarding, whether all or any part of the correction order, (570604|5) r--.xml March 25. 2014 (2:42 37 as issued or modified, shall be implemented during the pendeney of the review. CERTIORARI TO THE SUPREME Government may file a petition for a writ of ccrtiorari for review of a decision of the Court of Review issued under subpara- graph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. SCHEDULE.- REAUTHORIZATION OF AUTHORIZA- TIONS IN tl1e Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection the Attorney Gen- eral and the Director of National Intelligence shall, to the extent practicable, submit to the Court the certification prepared in accordance with subsection and the procedures adopted in accordance with subsections and at least 30 days prior to the expiration of such an- thorization. REAUTHORIZATION OF ORDERS, AU- THORIZATIONS, AND the At- (570604|5) fij fixl 'D--5 00 r--torney General and the Director of National In- telligence seek to reauthorize or replace an au- thorization issued under subsection by filing a certification pursuant to subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection until the Court issues an order with respect to such certifi- cation under paragraph (3) at which time the provisions of that paragraph and paragraph (4) shall apply with respect to such certification. JUDICIAL PROCEEDINGS.-- EXPEDITED JUDICIAL dicial proceedings under this section shall be con- ducted as expeditiously as possible. TIME LIMITS.--A time limit for a judicial decision in this section shall apply unless the Court, the Court of Review, or any judge of either the Court or the Court of Review, by order for reasons stated, extends that time as necessary for good cause in a manner consistent with national security. MAINTENANCE AND SECURITY OF RECORDS 24 AND PROCEEDINGS.-- .xm| March 25. 2014 (2:42 (570604|5) fl [j v-I U3 -5 U1 v--r--.xml March 25, 2014 (2:42 39 Foreign Intelligence Surveillance Court shall maintain a record of a pro- ceeding under this section, including petitions, ap- peals, orders, and statements of reasons for a deci- sion, under security measures adopted by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence. FILING AND petitions under this section shall be filed under seal. I11 any pro- ceedings under this section, the Court shall, upon re- quest of the Government, review ex parte and in camera any Government submission, or portions of a. submission, which may include classified informa- tion. RETENTION on Attorney General and the Director of National Intelligence shall retain a directive or an order issued under this section for a period of not less than 10 years from the date on which such directive or such order is issued. ASSESSMENTS AND REVIEWS.-- SEMIANNUAL less fre- quently than once every 6 months, the Attorney General and Director of National Intelligence shall (570604l5) 40 1 assess compliance with the selection and civil lib- 2 erties and privacy protection procedures adopted in 3 accordance with subsections and and the 4 guidelines adopted in accordance with subsection 5 The assessment shall also include the aggregate 6 number of directives issued under subsection 7 during the relevant time period. The Attorney Gen- 8 eral and Director of National Intelligence shall sub- 9 mit each assessment to-- 1O the Foreign Intelligence Surveillance 11 Court; and 12 consistent with the Rules of the 13 House of Representatives, the Standing Rules 14 of the Senate, and Senate Resolution 400 of the 15 94th Congress or any successor Senate resolu- 16 tion-- 17 the congressional intelligence 18 committees; and 19 the Committees on the Judiciary 20 of the House of Representatives and the 21 Senate. 22 AGENCY Inspector 23 General of the Department of Justice and the In- 24 spector General of each element of the intelligence 25 community authorized to acquire communications .xm| (570604|5) March 25. 2014 (2:42 y-i r--t l\J DJ -P v--A LII \l 00 --A l\J r--t IQ IN) U.) -P 31 .xml March 25. 2014 (2:42 41 records under subsection with respect to the de- partment or element of such Inspector General- are authorized to review compliance with the selection and civil liberties and privacy protection procedures adopted in accordance with subsections and and the guidelines adopted in accordance with subsection shall provide each such review to-- the Attorney General; the Director of National Intel- ligence; and consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution- the congressional intelligence committees; and the Committees on the Ju- diciary of the House of Representa- tives and the Senate. this section: The terms 'contents', 'Wire communica- tion', and 'electronic communication' have the mean- (570604|5) ing given such terms in section 2510 of title 18, United States Code. The term 'electronic communication serv- ice provider' has the meaning given such term in section 701. The terms 'foreign power' and 'agent of a foreign power' have the meanings given such terms in section 101.". CLERICAL table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 note) is amended by insert- ing after the item relating to section 502 the following new item: "See. 503. Procedures for targeted acquisitions of terrorist and foreign agent non-content communications CONFORMING 802(a)(3) of the Foreign Intelligence Surveillance Act of 197 8 (50 U.S.C. 1885a) is amended by striking "or 702(h)" and inserting "503(h), or SEC. 12. CONTINUOUS EVALUATION AND SHARING OF DE- ROGATORY INFORMATION REGARDING PER- SONNEL WITH ACCESS TO CLASSIFIED IN- FORMATION. Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 3024(j)) is amended-- (570604l5) March 25. 2014 (2:42 .xml March 25, 2014 (2:42 43 1) in the heading, by striking COMPARTMENTED and inserting (2) in paragraph (3), by striking and" and inserting a semicolon; (3) in paragraph (4), by striking the period and inserting a semicolon; and (4) by adding at the end the following new paragraphs: ensure that the background of each e1n- ployee or officer of an element of the intelligence community, each contractor to an element of the in- telligence community, and each individual employee of such a contractor who has been determined to be eligible for access to classified information is mon- itored on a continual basis under standards devel- oped by the Director, including with respect to the frequency of evaluation, during the period of eligi- bility of such employee or officer of an element of the intelligence community, such contractor, or such individual employee to such a contractor to deter- mine whether such employee or officer of a11 element of the intelligence community, such contractor, and such individual employee of such a contractor con- (570604|5) 44 1 tinues to meet the requirements for eligibility for ac- 2 cess to classified information; and 3 develop procedures to require information 4 sharing between elements of the intelligence commu- 5 nity concerning potentially derogatory security infor- 6 mation regarding an employee or officer of an ele- 7 ment of the intelligence community, a contractor to 8 an element of the intelligence community, or an indi- 9 vidual employee of such a contractor that may im- 10 pact the eligibility of such employee or officer of an 11 element of the intelligence community, such con- 12 tractor, or such individual employee of such a con- 13 tractor for a security clearance". 14 SEC. 13. REQUIREMENTS FOR INTELLIGENCE COMMUNITY 15 CONTRACTORS. 16 102A of the National 17 Security Act of 1947 (50 U.S.C. 3024) is amended by 18 adding at the end the following new subsection: 19 REQUIREMENTS FOR INTELLIGENCE COMMU- 20 NITY Director of National Intel- 21 ligence, in consultation with the head of each department 22 of the Federal Government that contains an element of 23 the intelligence community and the Director of the Central 24 Intelligence Agency, shall- 25 ensure tl1at-- .xm| (570604l5) March 25, 2014 (2:42 any contractor to an element of the intelligence community with access to a classi- fied network or classified information develops and operates a security plan that is consistent with standards established by the Director of National Intelligence for intelligence community networks; and each contract awarded by an element of the intelligence community includes provi- sions requiring the contractor comply with such plan and such standards; conduct periodic assessments of each secu- rity plan required under paragraph to ensure such security plan complies with the requirements of such paragraph; and ensure that the insider threat detection ca- pabilities and insider threat policies of the intel- ligence community apply to facilities of contractors with access to a classified nctwork.". amendment made by sub- 21 section shall apply with respect to contracts entered 22 into or renewed after the date of the enactment of this 23 Act. .xml March 25. 2014 (2:42 (570604|5)