F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML AMENDMENT TO IN THE H.R. 3361, AS MITTEE ON THE NENT OFFERED NATURE REPORTED JUDICIARY SELECT COMMITTEE SUBSTITUTE BY THE AND THE ON MR. GOODLATTE CONYERS PERMA- OF WIS- VIRGINIA, MR. MICHIGAN, MR. NADLER OF NEW YORK, OF COM- INTELLIGENCE MR. SENSENBRENNER BY CONSIN, OF A AND MR. SCOTT OF OF VIRGINIA Strike all after the enacting clause and insert the following: 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.—This Act may be cited as the 3 ‘‘USA FREEDOM Act’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 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. Sec. Sec. Sec. 101. 102. 103. 104. Sec. Sec. Sec. Sec. Sec. Sec. 105. 106. 107. 108. 109. 110. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 Additional requirements for call detail records. Emergency authority. Prohibition on bulk collection of tangible things. Judicial review of minimization procedures for the production of tangible things. Liability protection. Compensation for assistance. Definitions. Inspector general reports on business records orders. Effective date. Rule of construction. (575649 3) PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 2 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. Minimization procedures. Sec. 302. 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. TITLE VI—FISA TRANSPARENCY AND REPORTING REQUIREMENTS Sec. 601. Additional reporting on orders requiring production of business records. Sec. 602. Business records compliance reports to Congress. Sec. 603. Annual reports by the Government on orders entered. Sec. 604. Public reporting by persons subject to FISA orders. Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. Sec. 606. Submission of reports under FISA. TITLE VII—SUNSETS Sec. 701. Sunsets. 1 SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 2 3 SURVEILLANCE ACT OF 1978. Except as otherwise expressly provided, whenever in 4 this Act an amendment or repeal is expressed in terms 5 of an amendment to, or a repeal of, a section or other 6 provision, the reference shall be considered to be made to 7 a section or other provision of the Foreign Intelligence 8 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 3 2 TITLE I—FISA BUSINESS RECORDS REFORMS 3 SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 1 4 5 RECORDS. (a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 6 1861(b)(2)) is amended— 7 (1) in subparagraph (A)— 8 (A) in the matter preceding clause (i), by 9 striking ‘‘a statement’’ and inserting ‘‘in the 10 case of an application other than an application 11 described in subparagraph (C) (including an ap- 12 plication for the production of call detail 13 records other than in the manner described in 14 subparagraph (C)), a statement’’; and 15 (B) in clause (iii), by striking ‘‘; and’’ and 16 inserting a semicolon; 17 (2) by redesignating subparagraphs (A) and 18 (B) as subparagraphs (B) and (D), respectively; and 19 (3) by inserting after subparagraph (B) (as so 20 redesignated) the following new subparagraph: 21 ‘‘(C) in the case of an application for the 22 production on a daily basis of call detail records 23 created before, on, or after the date of the ap- 24 plication relating to an authorized investigation 25 (other than a threat assessment) conducted in f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 4 1 accordance with subsection (a)(2) to protect 2 against international terrorism, a statement of 3 facts showing that— 4 ‘‘(i) there are reasonable grounds to 5 believe that the call detail records sought 6 to be produced based on the specific selec- 7 tion term required under subparagraph (A) 8 are relevant to such investigation; and 9 ‘‘(ii) there are facts giving rise to a 10 reasonable, articulable suspicion that such 11 specific selection term is associated with a 12 foreign power or an agent of a foreign 13 power; and’’. 14 (b) ORDER.—Section 501(c)(2) (50 U.S.C. 15 1861(c)(2)) is amended— 16 17 (1) in subparagraph (D), by striking ‘‘; and’’ and inserting a semicolon; 18 19 (2) in subparagraph (E), by striking the period and inserting ‘‘; and’’; and 20 21 (3) by adding at the end the following new subparagraph: 22 ‘‘(F) in the case of an application de- 23 scribed in subsection (b)(2)(C), shall— f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 5 1 ‘‘(i) authorize the production on a 2 daily basis of call detail records for a pe- 3 riod not to exceed 180 days; 4 ‘‘(ii) provide that an order for such 5 production may be extended upon applica- 6 tion under subsection (b) and the judicial 7 finding under paragraph (1); 8 ‘‘(iii) provide that the Government 9 may require the prompt production of call 10 detail records— 11 ‘‘(I) using the specific selection 12 term that satisfies the standard re- 13 quired under subsection (b)(2)(C)(ii) 14 as the basis for production; and 15 ‘‘(II) using call detail records 16 with a direct connection to such spe- 17 cific selection term as the basis for 18 production of a second set of call de- 19 tail records; 20 ‘‘(iv) provide that, when produced, 21 such records be in a form that will be use- 22 ful to the Government; 23 ‘‘(v) direct each person the Govern- 24 ment directs to produce call detail records 25 under the order to furnish the Government f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 6 1 forthwith all information, facilities, or 2 technical assistance necessary to accom- 3 plish the production in such a manner as 4 will protect the secrecy of the production 5 and produce a minimum of interference 6 with the services that such person is pro- 7 viding to each subject of the production; 8 and 9 ‘‘(vi) direct the Government to— 10 ‘‘(I) adopt minimization proce- 11 dures that require the prompt de- 12 struction of all call detail records pro- 13 duced under the order that the Gov- 14 ernment determines are not foreign 15 intelligence information; and 16 ‘‘(II) destroy all call detail 17 records produced under the order as 18 prescribed by such procedures.’’. 19 SEC. 102. EMERGENCY AUTHORITY. 20 (a) AUTHORITY.—Section 501 (50 U.S.C. 1861) is 21 amended by adding at the end the following new sub22 section: 23 ‘‘(i) EMERGENCY AUTHORITY FOR PRODUCTION OF 24 TANGIBLE THINGS.— f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 7 1 ‘‘(1) Notwithstanding any other provision of 2 this section, the Attorney General may require the 3 emergency production of tangible things if the Attor- 4 ney General— 5 ‘‘(A) reasonably determines that an emer- 6 gency situation requires the production of tan- 7 gible things before an order authorizing such 8 production can with due diligence be obtained; 9 ‘‘(B) reasonably determines that the fac- 10 tual basis for the issuance of an order under 11 this section to approve such production of tan- 12 gible things exists; 13 ‘‘(C) informs, either personally or through 14 a designee, a judge having jurisdiction under 15 this section at the time the Attorney General 16 requires the emergency production of tangible 17 things that the decision has been made to em- 18 ploy the authority under this subsection; and 19 ‘‘(D) makes an application in accordance 20 with this section to a judge having jurisdiction 21 under this section as soon as practicable, but 22 not later than 7 days after the Attorney Gen- 23 eral requires the emergency production of tan- 24 gible things under this subsection. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 8 1 ‘‘(2) If the Attorney General authorizes the 2 emergency production of tangible things under para- 3 graph (1), the Attorney General shall require that 4 the minimization procedures required by this section 5 for the issuance of a judicial order be followed. 6 ‘‘(3) In the absence of a judicial order approv- 7 ing the production of tangible things under this sub- 8 section, the production shall terminate when the in- 9 formation sought is obtained, when the application 10 for the order is denied, or after the expiration of 7 11 days from the time the Attorney General begins re- 12 quiring the emergency production of such tangible 13 things, whichever is earliest. 14 ‘‘(4) A denial of the application made under 15 this subsection may be reviewed as provided in sec- 16 tion 103. 17 ‘‘(5) If such application for approval is denied, 18 or in any other case where the production of tangible 19 things is terminated and no order is issued approv- 20 ing the production, no information obtained or evi- 21 dence derived from such production shall be received 22 in evidence or otherwise disclosed in any trial, hear- 23 ing, or other proceeding in or before any court, 24 grand jury, department, office, agency, regulatory 25 body, legislative committee, or other authority of the f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 9 1 United States, a State, or political subdivision there- 2 of, and no information concerning any United States 3 person acquired from such production shall subse- 4 quently be used or disclosed in any other manner by 5 Federal officers or employees without the consent of 6 such person, except with the approval of the Attor- 7 ney General if the information indicates a threat of 8 death or serious bodily harm to any person. 9 ‘‘(6) The Attorney General shall assess compli- 10 ance with the requirements of paragraph (5).’’. 11 (b) CONFORMING AMENDMENT.—Section 501(d) (50 12 U.S.C. 1861(d)) is amended— 13 (1) in paragraph (1)— 14 (A) in the matter preceding subparagraph 15 (A), by striking ‘‘pursuant to an order’’ and in- 16 serting ‘‘pursuant to an order issued or an 17 emergency production required’’; 18 (B) in subparagraph (A), by striking ‘‘such 19 order’’ and inserting ‘‘such order or such emer- 20 gency production’’; and 21 (C) in subparagraph (B), by striking ‘‘the 22 order’’ and inserting ‘‘the order or the emer- 23 gency production’’; and 24 (2) in paragraph (2)— f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 10 1 (A) in subparagraph (A), by striking ‘‘an 2 order’’ and inserting ‘‘an order or emergency 3 production’’; and 4 (B) in subparagraph (B), by striking ‘‘an 5 order’’ and inserting ‘‘an order or emergency 6 production’’. 7 SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN- 8 9 GIBLE THINGS. (a) APPLICATION.—Section 501(b)(2) (50 U.S.C. 10 1861(b)(2)), as amended by section 101(a) of this Act, 11 is further amended by inserting before subparagraph (B), 12 as redesignated by such section 101(a) of this Act, the 13 following new subparagraph: 14 ‘‘(A) a specific selection term to be used as 15 the basis for the production of the tangible 16 things sought;’’. 17 (b) ORDER.—Section 501(c) (50 U.S.C. 1861(c)) is 18 amended— 19 (1) in paragraph (2)(A), by striking the semi- 20 colon and inserting ‘‘, including each specific selec- 21 tion term to be used as the basis for the produc- 22 tion;’’; and 23 24 (2) by adding at the end the following new paragraph: f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 11 1 ‘‘(3) No order issued under this subsection may au- 2 thorize the collection of tangible things without the use 3 of a specific selection term that meets the requirements 4 of subsection (b)(2).’’. 5 SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCE- 6 DURES FOR THE PRODUCTION OF TANGIBLE 7 THINGS. 8 Section 501(c)(1) (50 U.S.C. 1861(c)(1)) is amended 9 by inserting after ‘‘subsections (a) and (b)’’ the following: 10 ‘‘and that the minimization procedures submitted in ac11 cordance with subsection (b)(2)(D) meet the definition of 12 minimization procedures under subsection (g)’’. 13 SEC. 105. LIABILITY PROTECTION. 14 Section 501(e) (50 U.S.C. 1861(e)) is amended to 15 read as follows: 16 ‘‘(e)(1) No cause of action shall lie in any court 17 against a person who— 18 ‘‘(A) produces tangible things or provides infor- 19 mation, facilities, or technical assistance pursuant to 20 an order issued or an emergency production required 21 under this section; or 22 ‘‘(B) otherwise provides technical assistance to 23 the Government under this section or to implement 24 the amendments made to this section by the USA 25 FREEDOM Act. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 12 1 ‘‘(2) A production or provision of information, facili- 2 ties, or technical assistance described in paragraph (1) 3 shall not be deemed to constitute a waiver of any privilege 4 in any other proceeding or context.’’. 5 SEC. 106. COMPENSATION FOR ASSISTANCE. 6 Section 501 (50 U.S.C. 1861), as amended by section 7 102 of this Act, is further amended by adding at the end 8 the following new subsection: 9 ‘‘(j) COMPENSATION.—The Government shall com- 10 pensate a person for reasonable expenses incurred for— 11 ‘‘(1) producing tangible things or providing in- 12 formation, facilities, or assistance in accordance with 13 an order issued with respect to an application de- 14 scribed in subsection (b)(2)(C) or an emergency pro- 15 duction under subsection (i) that, to comply with 16 subsection (i)(1)(D), requires an application de- 17 scribed in subsection (b)(2)(C); or 18 ‘‘(2) otherwise providing technical assistance to 19 the Government under this section or to implement 20 the amendments made to this section by the USA 21 FREEDOM Act.’’. 22 SEC. 107. DEFINITIONS. 23 Section 501 (50 U.S.C. 1861), as amended by section 24 106 of this Act, is further amended by adding at the end 25 the following new subsection: f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 13 1 ‘‘(k) DEFINITIONS.—In this section: 2 3 ‘‘(1) CALL term ‘call de- tail record’— 4 ‘‘(A) means session identifying information 5 (including originating or terminating telephone 6 number, International Mobile Subscriber Iden- 7 tity number, or International Mobile Station 8 Equipment Identity number), a telephone call- 9 ing card number, or the time or duration of a 10 call; and 11 ‘‘(B) does not include— 12 ‘‘(i) the contents of any communica- 13 tion (as defined in section 2510(8) of title 14 18, United States Code); 15 ‘‘(ii) the name, address, or financial 16 information of a subscriber or customer; or 17 ‘‘(iii) cell site location information. 18 ‘‘(2) SPECIFIC SELECTION TERM.—The term 19 ‘specific selection term’ means a discrete term, such 20 as a term specifically identifying a person, entity, ac- 21 count, address, or device, used by the Government to 22 limit the scope of the information or tangible things 23 sought pursuant to the statute authorizing the provi- 24 sion of such information or tangible things to the 25 Government.’’. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 DETAIL RECORD.—The 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 14 1 SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 2 3 RECORDS ORDERS. Section 106A of the USA PATRIOT Improvement 4 and Reauthorization Act of 2005 (Public Law 109–177; 5 120 Stat. 200) is amended— 6 (1) in subsection (b)— 7 (A) in paragraph (1), by inserting ‘‘and 8 calendar years 2012 through 2014’’ after 9 ‘‘2006’’; 10 (B) by striking paragraphs (2) and (3); 11 (C) by redesignating paragraphs (4) and 12 (5) as paragraphs (2) and (3), respectively; and 13 (D) in paragraph (3) (as so redesig- 14 nated)— 15 (i) by striking subparagraph (C) and 16 inserting the following new subparagraph: 17 ‘‘(C) with respect to calendar years 2012 18 through 2014, an examination of the minimiza- 19 tion procedures used in relation to orders under 20 section 501 of the Foreign Intelligence Surveil- 21 lance Act of 1978 (50 U.S.C. 1861) and wheth- 22 er the minimization procedures adequately pro- 23 tect the constitutional rights of United States 24 persons;’’; and 25 (ii) in subparagraph (D), by striking 26 ‘‘(as such term is defined in section 3(4) of f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 15 1 the National Security Act of 1947 (50 2 U.S.C. 401a(4)))’’; 3 4 (2) in subsection (c), by adding at the end the following new paragraph: 5 ‘‘(3) YEARS 2012 THROUGH 6 2014.—Not later than December 31, 2015, the In- 7 spector General of the Department of Justice shall 8 submit to the Committee on the Judiciary and the 9 Select Committee on Intelligence of the Senate and 10 the Committee on the Judiciary and the Permanent 11 Select Committee on Intelligence of the House of 12 Representatives a report containing the results of 13 the audit conducted under subsection (a) for cal- 14 endar years 2012 through 2014.’’; 15 16 (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; 17 (4) by inserting after subsection (c) the fol- 18 lowing new subsection: 19 ‘‘(d) INTELLIGENCE ASSESSMENT.— 20 ‘‘(1) IN GENERAL.—For the period beginning 21 on January 1, 2012, and ending on December 31, 22 2014, the Inspector General of the Intelligence Com- 23 munity shall assess— 24 ‘‘(A) the importance of the information ac- 25 quired under title V of the Foreign Intelligence f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 CALENDAR 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 16 1 Surveillance Act of 1978 (50 U.S.C. 1861 et 2 seq.) to the activities of the intelligence commu- 3 nity; 4 ‘‘(B) the manner in which that information 5 was collected, retained, analyzed, and dissemi- 6 nated by the intelligence community; 7 ‘‘(C) the minimization procedures used by 8 elements of the intelligence community under 9 such title and whether the minimization proce- 10 dures adequately protect the constitutional 11 rights of United States persons; and 12 ‘‘(D) any minimization procedures pro- 13 posed by an element of the intelligence commu- 14 nity under such title that were modified or de- 15 nied by the court established under section 16 103(a) of such Act (50 U.S.C. 1803(a)). 17 ‘‘(2) SUBMISSION 18 Not later than 180 days after the date on which the 19 Inspector General of the Department of Justice sub- 20 mits the report required under subsection (c)(3), the 21 Inspector General of the Intelligence Community 22 shall submit to the Committee on the Judiciary and 23 the Select Committee on Intelligence of the Senate 24 and the Committee on the Judiciary and the Perma- 25 nent Select Committee on Intelligence of the House f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 DATE FOR ASSESSMENT.— 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 17 1 of Representatives a report containing the results of 2 the assessment for calendar years 2012 through 3 2014.’’; 4 5 (5) in subsection (e), as redesignated by paragraph (3)— 6 (A) in paragraph (1)— 7 (i) by striking ‘‘a report under sub- 8 section (c)(1) or (c)(2)’’ and inserting ‘‘any 9 report under subsection (c) or (d)’’; and 10 (ii) by striking ‘‘Inspector General of 11 the Department of Justice’’ and inserting 12 ‘‘Inspector General of the Department of 13 Justice, the Inspector General of the Intel- 14 ligence Community, and any Inspector 15 General of an element of the intelligence 16 community that prepares a report to assist 17 the Inspector General of the Department 18 of Justice or the Inspector General of the 19 Intelligence Community in complying with 20 the requirements of this section’’; and 21 (B) in paragraph (2), by striking ‘‘the re- 22 ports submitted under subsections (c)(1) and 23 (c)(2)’’ and inserting ‘‘any report submitted 24 under subsection (c) or (d)’’; f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 18 1 (6) in subsection (f), as redesignated by para- 2 graph (3)— 3 (A) by striking ‘‘The reports submitted 4 under subsections (c)(1) and (c)(2)’’ and insert- 5 ing ‘‘Each report submitted under subsection 6 (c)’’; and 7 (B) by striking ‘‘subsection (d)(2)’’ and in- 8 serting ‘‘subsection (e)(2)’’; and 9 (7) by adding at the end the following new sub- 10 section: 11 ‘‘(g) DEFINITIONS.—In this section: 12 ‘‘(1) INTELLIGENCE COMMUNITY.—The term 13 ‘intelligence community’ has the meaning given that 14 term in section 3 of the National Security Act of 15 1947 (50 U.S.C. 3003). 16 ‘‘(2) UNITED STATES PERSON.—The term 17 ‘United States person’ has the meaning given that 18 term in section 101 of the Foreign Intelligence Sur- 19 veillance Act of 1978 (50 U.S.C. 1801).’’. 20 SEC. 109. EFFECTIVE DATE. 21 (a) IN GENERAL.—The amendments made by sec- 22 tions 101 through 103 shall take effect on the date that 23 is 180 days after the date of the enactment of this Act. 24 (b) RULE OF CONSTRUCTION.—Nothing in this Act 25 shall be construed to alter or eliminate the authority of f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 19 1 the Government to obtain an order under title V of the 2 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 3 1861 et seq.) as in effect prior to the effective date de4 scribed in subsection (a) during the period ending on such 5 effective date. 6 SEC. 110. RULE OF CONSTRUCTION. 7 Nothing in this Act shall be construed to authorize 8 the production of the contents (as such term is defined 9 in section 2510(8) of title 18, United States Code) of any 10 electronic communication from an electronic communica11 tion service provider (as such term is defined in section 12 701(b)(4) of the Foreign Intelligence Surveillance Act of 13 1978 (50 U.S.C. 1881(b)(4)) under title V of the Foreign 14 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et 15 seq.). 18 TITLE II—FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM 19 SEC. 201. PROHIBITION ON BULK COLLECTION. 16 17 20 (a) PROHIBITION.—Section 402(c) (50 U.S.C. 21 1842(c)) is amended— 22 23 (1) in paragraph (1), by striking ‘‘; and’’ and inserting a semicolon; 24 25 (2) in paragraph (2), by striking the period and inserting a semicolon; and f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 20 1 (3) by adding at the end the following new 2 paragraph: 3 ‘‘(3) a specific selection term to be used as the 4 basis for selecting the telephone line or other facility 5 to which the pen register or trap and trace device 6 is to be attached or applied; and’’. 7 (b) DEFINITION.—Section 401 (50 U.S.C. 1841) is 8 amended by adding at the end the following new para9 graph: 10 ‘‘(4) The term ‘specific selection term’ has the 11 12 meaning given the term in section 501.’’. SEC. 202. PRIVACY PROCEDURES. 13 (a) IN GENERAL.—Section 402 (50 U.S.C. 1842) is 14 amended by adding at the end the following new sub15 section: 16 ‘‘(h) The Attorney General shall ensure that appro- 17 priate policies and procedures are in place to safeguard 18 nonpublicly available information concerning United 19 States persons that is collected through the use of a pen 20 register or trap and trace device installed under this sec21 tion. Such policies and procedures shall, to the maximum 22 extent practicable and consistent with the need to protect 23 national security, include protections for the collection, re24 tention, and use of information concerning United States 25 persons.’’. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 21 1 (b) EMERGENCY AUTHORITY.—Section 403 (50 2 U.S.C. 1843) is amended by adding at the end the fol3 lowing new subsection: 4 ‘‘(d) Information collected through the use of a pen 5 register or trap and device installed under this section 6 shall be subject to the policies and procedures required 7 under section 402(h).’’. 11 TITLE III—FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES REFORMS 12 SEC. 301. MINIMIZATION PROCEDURES. 8 9 10 13 Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amend- 14 ed— 15 16 (1) by striking ‘‘that meet’’ and inserting the following: ‘‘that— 17 ‘‘(A) meet’’; 18 (2) in subparagraph (A) (as designated by 19 paragraph (1) of this section), by striking the period 20 and inserting ‘‘; and’’; and 21 22 (3) by adding at the end the following new subparagraph: 23 ‘‘(B) consistent with such definition— 24 ‘‘(i) minimize the acquisition, and pro- 25 hibit the retention and dissemination, of f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 22 1 any communication as to which the sender 2 and all intended recipients are determined 3 to be located in the United States at the 4 time of acquisition, consistent with the 5 need of the United States to obtain, 6 produce, and disseminate foreign intel- 7 ligence information; and 8 ‘‘(ii) prohibit the use of any discrete 9 communication that is not to, from, or 10 about the target of an acquisition and is to 11 or from an identifiable United States per- 12 son or a person reasonably believed to be 13 located in the United States, except to pro- 14 tect against an immediate threat to human 15 life.’’. 16 SEC. 302. LIMITS ON USE OF UNLAWFULLY OBTAINED IN- 17 18 FORMATION. Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended 19 by adding at the end the following new subparagraph: 20 ‘‘(D) LIMITATION 21 TION.— 22 ‘‘(i) IN GENERAL.—Except as pro- 23 vided in clause (ii), to the extent the Court 24 orders a correction of a deficiency in a cer- 25 tification or procedures under subpara- f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 ON USE OF INFORMA- 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 23 1 graph (B), no information obtained or evi- 2 dence derived pursuant to the part of the 3 certification or procedures that has been 4 identified by the Court as deficient con- 5 cerning any United States person shall be 6 received in evidence or otherwise disclosed 7 in any trial, hearing, or other proceeding 8 in or before any court, grand jury, depart- 9 ment, office, agency, regulatory body, legis- 10 lative committee, or other authority of the 11 United States, a State, or political subdivi- 12 sion thereof, and no information con- 13 cerning any United States person acquired 14 pursuant to such part of such certification 15 shall subsequently be used or disclosed in 16 any other manner by Federal officers or 17 employees without the consent of the 18 United States person, except with the ap- 19 proval of the Attorney General if the infor- 20 mation indicates a threat of death or seri- 21 ous bodily harm to any person. 22 ‘‘(ii) EXCEPTION.—If the Government 23 corrects any deficiency identified by the 24 order of the Court under subparagraph 25 (B), the Court may permit the use or dis- f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 24 1 closure of information obtained before the 2 date of the correction under such mini- 3 mization procedures as the Court shall es- 4 tablish for purposes of this clause.’’. 7 TITLE IV—FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS 8 SEC. 401. APPOINTMENT OF AMICUS CURIAE. 5 6 9 Section 103 (50 U.S.C. 1803) is amended by adding 10 at the end the following new subsection: 11 ‘‘(i) AMICUS CURIAE.— 12 ‘‘(1) AUTHORIZATION.—A court established 13 under subsection (a) or (b), consistent with the re- 14 quirement of subsection (c) and any other statutory 15 requirement that the court act expeditiously or with- 16 in a stated time— 17 ‘‘(A) shall appoint an individual to serve as 18 amicus curiae to assist such court in the consid- 19 eration of any application for an order or review 20 that, in the opinion of the court, presents a 21 novel or significant interpretation of the law, 22 unless the court issues a written finding that 23 such appointment is not appropriate; and f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 25 1 ‘‘(B) may appoint an individual to serve as 2 amicus curiae in any other instance as such 3 court deems appropriate. 4 ‘‘(2) DESIGNATION.—The presiding judges of 5 the courts established under subsections (a) and (b) 6 shall jointly designate not less than 5 individuals to 7 be eligible to serve as amicus curiae. Such individ- 8 uals shall be persons who possess expertise in pri- 9 vacy and civil liberties, intelligence collection, tele- 10 communications, or any other area that may lend 11 legal or technical expertise to the courts and who 12 have been determined by appropriate executive 13 branch officials to be eligible for access to classified 14 information. 15 ‘‘(3) DUTIES.—An individual appointed to serve 16 as amicus curiae under paragraph (1) shall carry 17 out the duties assigned by the appointing court. 18 Such court may authorize the individual appointed 19 to serve as amicus curiae to review any application, 20 certification, petition, motion, or other submission 21 that the court determines is relevant to the duties 22 assigned by the court. 23 ‘‘(4) NOTIFICATION.—The presiding judges of 24 the courts established under subsections (a) and (b) 25 shall notify the Attorney General of each exercise of f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 26 1 the authority to appoint an individual to serve as 2 amicus curiae under paragraph (1). 3 ‘‘(5) ASSISTANCE.—A court established under 4 subsection (a) or (b) may request and receive (in- 5 cluding on a non-reimbursable basis) the assistance 6 of the executive branch in the implementation of this 7 subsection. 8 ‘‘(6) ADMINISTRATION.—A court established 9 under subsection (a) or (b) may provide for the des- 10 ignation, appointment, removal, training, or other 11 support for an individual appointed to serve as ami- 12 cus curiae under paragraph (1) in a manner that is 13 not inconsistent with this subsection.’’. 14 SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND 15 16 OPINIONS. (a) DECLASSIFICATION.—Title VI (50 U.S.C. 1871 17 et seq.) is amended— 18 (1) in the heading, by striking ‘‘REPORT- 19 ING REQUIREMENT’’ and inserting ‘‘OVER- 20 SIGHT’’; and 21 22 (2) by adding at the end the following new section: f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 27 1 ‘‘SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 2 3 ORDERS, AND OPINIONS. ‘‘(a) DECLASSIFICATION REQUIRED.—Subject to 4 subsection (b), the Director of National Intelligence, in 5 consultation with the Attorney General, shall conduct a 6 declassification review of each decision, order, or opinion 7 issued by the Foreign Intelligence Surveillance Court or 8 the Foreign Intelligence Surveillance Court of Review (as 9 defined in section 601(e)) that includes a significant con10 struction or interpretation of any provision of this Act, 11 including a construction or interpretation of the term ‘spe12 cific selection term’, and, consistent with that review, 13 make publicly available to the greatest extent practicable 14 each such decision, order, or opinion. 15 ‘‘(b) REDACTED FORM.—The Director of National 16 Intelligence, in consultation with the Attorney General, 17 may satisfy the requirement under subsection (a) to make 18 a decision, order, or opinion described in such subsection 19 publicly available to the greatest extent practicable by 20 making such decision, order, or opinion publicly available 21 in redacted form. 22 ‘‘(c) NATIONAL SECURITY WAIVER.—The Director of 23 National Intelligence, in consultation with the Attorney 24 General, may waive the requirement to declassify and 25 make publicly available a particular decision, order, or 26 opinion under subsection (a) if— f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 28 1 ‘‘(1) the Director of National Intelligence, in 2 consultation with the Attorney General, determines 3 that a waiver of such requirement is necessary to 4 protect the national security of the United States or 5 properly classified intelligence sources or methods; 6 and 7 ‘‘(2) the Director of National Intelligence 8 makes publicly available an unclassified statement 9 prepared by the Attorney General, in consultation 10 with the Director of National Intelligence— 11 ‘‘(A) summarizing the significant construc- 12 tion or interpretation of a provision under this 13 Act; and 14 ‘‘(B) that specifies that the statement has 15 been prepared by the Attorney General and 16 constitutes no part of the opinion of the For- 17 eign Intelligence Surveillance Court or the For- 18 eign Intelligence Surveillance Court of Re- 19 view.’’. 20 (b) TABLE OF CONTENTS AMENDMENTS.—The table 21 of contents in the first section is amended— 22 23 (1) by striking the item relating to title VI and inserting the following new item: ‘‘TITLE VI—OVERSIGHT’’; f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 AND (575649 3) PO 00000 Frm 00028 Fmt 6652 Sfmt 6211 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 29 1 (2) by inserting after the item relating to sec- 2 tion 601 the following new item: ‘‘Sec. 602. Declassification of significant decisions, orders, and opinions.’’. TITLE V—NATIONAL SECURITY LETTER REFORM 3 4 5 SEC. 501. PROHIBITION ON BULK COLLECTION. 6 (a) COUNTERINTELLIGENCE ACCESS 7 TOLL AND TO TELEPHONE TRANSACTIONAL RECORDS.—Section 2709(b) 8 of title 18, United States Code, is amended in the matter 9 preceding paragraph (1) by striking ‘‘may’’ and inserting 10 ‘‘may, using a specific selection term as the basis for a 11 request’’. 12 (b) ACCESS 13 INTELLIGENCE FINANCIAL RECORDS TO AND FOR CERTAIN PROTECTIVE PURPOSES.—Section 14 1114(a)(2) of the Right to Financial Privacy Act of 1978 15 (12 U.S.C. 3414(a)(2)) is amended by striking the period 16 and inserting ‘‘and a specific selection term to be used 17 as the basis for the production and disclosure of financial 18 records.’’. 19 (c) DISCLOSURES 20 RECORDS FOR TO FBI OF CERTAIN CONSUMER COUNTERINTELLIGENCE PURPOSES.—Sec- 21 tion 626(a) of the Fair Credit Reporting Act (15 U.S.C. 22 1681u(a)) is amended by striking ‘‘that information,’’ and 23 inserting ‘‘that information that includes a specific selec24 tion term to be used as the basis for the production of 25 that information,’’. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 30 1 (d) DISCLOSURES 2 FOR 3 PORTS.—Section TO GOVERNMENTAL AGENCIES COUNTERTERRORISM PURPOSES OF CONSUMER RE- 627(a) of the Fair Credit Reporting Act 4 (15 U.S.C. 1681v(a)) is amended by striking ‘‘analysis.’’ 5 and inserting ‘‘analysis and a specific selection term to 6 be used as the basis for the production of such informa7 tion.’’. 8 (e) DEFINITIONS.— 9 (1) COUNTERINTELLIGENCE ACCESS TO TELE- 10 PHONE TOLL AND TRANSACTIONAL RECORDS.—Sec- 11 tion 2709 of title 18, United States Code, is amend- 12 ed by adding at the end the following new sub- 13 section: 14 ‘‘(g) SPECIFIC SELECTION TERM DEFINED.—In this 15 section, the term ‘specific selection term’ has the meaning 16 given the term in section 501 of the Foreign Intelligence 17 Surveillance Act of 1978 (50 U.S.C. 1861).’’. 18 (2) ACCESS TO FINANCIAL RECORDS FOR CER- 19 TAIN INTELLIGENCE AND PROTECTIVE PURPOSES.— 20 Section 1114 of the Right to Financial Privacy Act 21 of 1978 (12 U.S.C. 3414) is amended by adding at 22 the end the following new subsection: 23 ‘‘(e) In this section, the term ‘specific selection term’ 24 has the meaning given the term in section 501 of the For- f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 31 1 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 2 1861).’’. 3 (3) DISCLOSURES TO FBI OF CERTAIN CON- 4 SUMER RECORDS FOR COUNTERINTELLIGENCE PUR- 5 POSES.—Section 6 Act (15 U.S.C. 1681u) is amended by adding at the 7 end the following new subsection: 8 ‘‘(n) SPECIFIC SELECTION TERM DEFINED.—In this 626 of the Fair Credit Reporting 9 section, the term ‘specific selection term’ has the meaning 10 given the term in section 501 of the Foreign Intelligence 11 Surveillance Act of 1978 (50 U.S.C. 1861).’’. 12 (4) DISCLOSURES TO GOVERNMENTAL AGEN- 13 CIES FOR COUNTERTERRORISM PURPOSES OF CON- 14 SUMER REPORTS.—Section 15 Reporting Act (15 U.S.C. 1681v) is amended by 16 adding at the end the following new subsection: 17 ‘‘(g) SPECIFIC SELECTION TERM DEFINED.—In this 627 of the Fair Credit 18 section, the term ‘specific selection term’ has the meaning 19 given the term in section 501 of the Foreign Intelligence 20 Surveillance Act of 1978 (50 U.S.C. 1861).’’. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 32 3 TITLE VI—FISA TRANSPARENCY AND REPORTING REQUIREMENTS 4 SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING 1 2 5 PRODUCTION OF BUSINESS RECORDS. 6 Section 502(b) (50 U.S.C. 1862(b)) is amended— 7 (1) by redesignating paragraphs (1), (2), and 8 (3) as paragraphs (5), (6), and (7), respectively; and 9 (2) by inserting before paragraph (5) (as so re- 10 designated) the following new paragraphs: 11 ‘‘(1) the total number of applications described 12 in section 501(b)(2)(B) made for orders approving 13 requests for the production of tangible things; 14 ‘‘(2) the total number of such orders either 15 granted, modified, or denied; 16 ‘‘(3) the total number of applications described 17 in section 501(b)(2)(C) made for orders approving 18 requests for the production of call detail records; 19 ‘‘(4) the total number of such orders either 20 21 granted, modified, or denied;’’. SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO 22 23 CONGRESS. Section 502(b) (50 U.S.C. 1862(b)), as amended by 24 section 601 of this Act, is further amended— f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 33 1 (1) by redesignating paragraphs (1) through 2 (7) as paragraphs (2) through (8), respectively; and 3 (2) by inserting before paragraph (2) (as so re- 4 designated) the following new paragraph: 5 ‘‘(1) a summary of all compliance reviews con- 6 ducted by the Federal Government of the production 7 of tangible things under section 501;’’. 8 SEC. 603. ANNUAL REPORTS BY THE GOVERNMENT ON OR- 9 DERS ENTERED. 10 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 11 as amended by section 402 of this Act, is further amended 12 by adding at the end the following new section: 13 ‘‘SEC. 603. ANNUAL REPORT ON ORDERS ENTERED. 14 15 ‘‘(a) REPORT BY DIRECTOR OF THE ADMINISTRA- OFFICE OF THE UNITED STATES COURTS.—The Di- TIVE 16 rector of the Administrative Office of the United States 17 Courts shall annually submit to the Permanent Select 18 Committee on Intelligence and the Committee on the Judi19 ciary of the House of Representatives and the Select Com20 mittee on Intelligence and the Committee on the Judiciary 21 of the Senate and, subject to a declassification review by 22 the Attorney General and Director of National Intel23 ligence, make publicly available on an Internet website— 24 ‘‘(1) the number of orders entered under each 25 of sections 105, 304, 402, 501, 702, 703, and 704; f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 34 1 ‘‘(2) the number of orders modified under each 2 of those sections; 3 ‘‘(3) the number of orders denied under each of 4 those sections; and 5 ‘‘(4) the number of appointments of an indi- 6 vidual to serve as amicus curiae under section 103, 7 including the name of each individual appointed to 8 serve as amicus curiae. 9 ‘‘(b) REPORT 10 LIGENCE.—The BY DIRECTOR OF NATIONAL INTEL- Director of National Intelligence shall an- 11 nually make publicly available a report that identifies, for 12 the preceding 12-month period— 13 ‘‘(1) the total number of orders issued pursuant 14 titles I and III and sections 703 and 704 and the 15 estimated number of targets affected by such orders; 16 ‘‘(2) the total number of orders issued pursuant 17 to section 702 and the estimated number of targets 18 affected by such orders; 19 ‘‘(3) the total number of orders issued pursuant 20 to title IV and the estimated number of targets af- 21 fected by such orders; 22 ‘‘(4) the total number of orders issued pursuant 23 to applications made under section 501(b)(2)(B) and 24 the estimated number of targets affected by such or- 25 ders; f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 35 1 ‘‘(5) the total number of orders issued pursuant 2 to applications made under section 501(b)(2)(C) and 3 the estimated number of targets affected by such or- 4 ders; and 5 ‘‘(6) the total number of national Security let- 6 ters issued and the number of requests for informa- 7 tion contained within such national security letters. 8 ‘‘(c) NATIONAL SECURITY LETTER DEFINED.—The 9 term ‘national security letter’ means any of the following 10 provisions: 11 ‘‘(1) Section 2709 of title 18, United States 12 Code. 13 ‘‘(2) Section 1114(a)(5)(A) of the Right to Fi- 14 nancial 15 3414(a)(5)(A)). Privacy Act of 1978 (12 U.S.C. 16 ‘‘(3) Subsection (a) or (b) of section 626 of the 17 Fair Credit Reporting Act (15 U.S.C. 1681u(a), 18 1681u(b)). 19 ‘‘(4) Section 627(a) of the Fair Credit Report- 20 ing Act (15 U.S.C. 1681v(a)).’’. 21 (b) TABLE OF CONTENTS AMENDMENT.—The table 22 of contents in the first section, as amended by section 402 23 of this Act, is further amended by inserting after the item 24 relating to section 602, as added by such section 402, the 25 following new item: ‘‘Sec. 603. Annual report on orders entered.’’. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00035 Fmt 6652 Sfmt 6211 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 36 1 SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 2 FISA ORDERS. 3 (a) IN GENERAL.—Title VI (50 U.S.C. 1871 et seq.), 4 as amended by section 603 of this Act, is further amended 5 by adding at the end the following new section: 6 ‘‘SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO 7 8 ORDERS. ‘‘(a) REPORTING.—A person may semiannually pub- 9 licly report the following information with respect to the 10 preceding half year using one of the following structures: 11 ‘‘(1) Subject to subsection (b), a report that ag- 12 gregates the number of orders or national security 13 letters the person was required to comply with in the 14 following separate categories: 15 ‘‘(A) The number of national security let- 16 ters received, reported in bands of 1000 start- 17 ing with 0-999. 18 ‘‘(B) The number of customer accounts af- 19 fected by national security letters, reported in 20 bands of 1000 starting with 0-999. 21 ‘‘(C) The number of orders under this Act 22 for content, reported in bands of 1000 starting 23 with 0-999. 24 ‘‘(D) With respect to content orders under 25 this Act, in bands of 1000 starting with 0-999, f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 37 1 the number of customer accounts affected 2 under orders under title I; 3 ‘‘(E) The number of orders under this Act 4 for non-content, reported in bands of 1000 5 starting with 0-999. 6 ‘‘(F) With respect to non-content orders 7 under this Act, in bands of 1000 starting with 8 0-999, the number of customer accounts af- 9 fected under orders under— 10 ‘‘(i) title IV; 11 ‘‘(ii) title V with respect to applica- 12 tions described in section 501(b)(2)(B); 13 and 14 ‘‘(iii) title V with respect to applica- 15 tions described in section 501(b)(2)(C). 16 ‘‘(2) A report that aggregates the number of or- 17 ders, directives, or national security letters the per- 18 son was required to comply with in the following 19 separate categories: 20 ‘‘(A) The total number of all national secu- 21 rity process received, including all national se- 22 curity letters and orders or directives under this 23 Act, reported as a single number in a band of 24 0-249 and thereafter in bands of 250. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 38 1 ‘‘(B) The total number of customer selec- 2 tors targeted under all national security process 3 received, including all national security letters 4 and orders or directives under this Act, re- 5 ported as a single number in a band of 0-249 6 and thereafter in bands of 250. 7 ‘‘(3) Subject to subsection (b), a report that ag- 8 gregates the number of orders or national security 9 letters the person was required to comply with in the 10 following separate categories: 11 ‘‘(A) The number of national security let- 12 ters received, reported in bands of 500 starting 13 with 0-499. 14 ‘‘(B) The number of customer accounts af- 15 fected by national security letters, reported in 16 bands of 500 starting with 0-499. 17 ‘‘(C) The number of orders under this Act 18 for content, reported in bands of 500 starting 19 with 0-499. 20 ‘‘(D) The number of customer selectors 21 targeted under such orders, in bands of 500 22 starting with 0-499. 23 ‘‘(E) The number of orders under this Act 24 for non-content, reported in bands of 500 start- 25 ing with 0-499. f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 39 1 ‘‘(F) The number of customer selectors 2 targeted under such orders, reported in bands 3 of 500 starting with 0-499. 4 ‘‘(b) PERIOD OF TIME COVERED BY REPORTS.— 5 With respect to a report described in paragraph (1) or 6 (3) of subsection (a), such report shall only include infor7 mation— 8 ‘‘(1) except as provided in paragraph (2), for 9 the period of time ending on the date that is at least 10 180 days before the date of the publication of such 11 report; and 12 ‘‘(2) with respect to an order under this Act or 13 national security letter received with respect to a 14 platform, product, or service for which a person did 15 not previously receive such an order or national se- 16 curity letter (not including an enhancement to or 17 iteration of an existing publicly available platform, 18 product, or service), for the period of time ending on 19 the date that is at least 2 years before the date of 20 the publication of such report. 21 ‘‘(c) OTHER FORMS OF AGREED TO PUBLICATION.— 22 Nothing in this section shall be construed to prohibit the 23 Government and any person from jointly agreeing to the 24 publication of information referred to in this subsection f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 40 1 in a time, form, or manner other than as described in this 2 section. 3 ‘‘(d) NATIONAL SECURITY LETTER DEFINED.—The 4 term ‘national security letter’ has the meaning given the 5 term in section 603.’’. 6 (b) TABLE OF CONTENTS AMENDMENT.—The table 7 of contents in the first section, as amended by section 603 8 of this Act, is further amended by inserting after the item 9 relating to section 603, as added by section 603 of this 10 Act, the following new item: ‘‘Sec. 604. Public reporting by persons subject to orders.’’. 11 SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS OF 12 THE 13 LANCE COURT. 14 FOREIGN INTELLIGENCE SURVEIL- Section 601(c)(1) (50 U.S.C. 1871(c)) is amended to 15 read as follows: 16 ‘‘(1) not later than 45 days after the date on 17 which the Foreign Intelligence Surveillance Court or 18 the Foreign Intelligence Surveillance Court of Re- 19 view issues a decision, order, or opinion, including 20 any denial or modification of an application under 21 this Act, that includes a significant construction or 22 interpretation of any provision of this Act or results 23 in a change of application of any provision of this 24 Act or a new application of any provision of this Act, 25 a copy of such decision, order, or opinion and any f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 41 1 pleadings, applications, or memoranda of law associ- 2 ated with such decision, order, or opinion; and’’. 3 SEC. 606. SUBMISSION OF REPORTS UNDER FISA. 4 (a) ELECTRONIC SURVEILLANCE.—Section 108(a)(1) 5 (50 U.S.C. 1808(a)(1)) is amended by striking ‘‘the 6 House Permanent Select Committee on Intelligence and 7 the Senate Select Committee on Intelligence, and the 8 Committee on the Judiciary of the Senate,’’ and inserting 9 ‘‘the Permanent Select Committee on Intelligence and the 10 Committee on the Judiciary of the House of Representa11 tives and the Select Committee on Intelligence and the 12 Committee on the Judiciary of the Senate’’. 13 (b) PHYSICAL SEARCHES.—Section 306 (50 U.S.C. 14 1826) is amended— 15 (1) in the first sentence, by striking ‘‘Perma- 16 nent Select Committee on Intelligence of the House 17 of Representatives and the Select Committee on In- 18 telligence of the Senate, and the Committee on the 19 Judiciary of the Senate,’’ and inserting ‘‘Permanent 20 Select Committee on Intelligence and the Committee 21 on the Judiciary of the House of Representatives 22 and the Select Committee on Intelligence and the 23 Committee on the Judiciary of the Senate’’; and f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 42 1 (2) in the second sentence, by striking ‘‘and the 2 Committee on the Judiciary of the House of Rep- 3 resentatives’’. 4 (c) PEN REGISTER 5 VICES.—Section AND TRAP AND TRACE DE- 406(b) (50 U.S.C. 1846(b)) is amend- 6 ed— 7 8 (1) in paragraph (2), by striking ‘‘; and’’ and inserting a semicolon; 9 10 (2) in paragraph (3), by striking the period and inserting a semicolon; and 11 12 (3) by adding at the end the following new paragraphs: 13 ‘‘(4) each department or agency on behalf of 14 which the Government has made application for or- 15 ders approving the use of pen registers or trap and 16 trace devices under this title; and 17 ‘‘(5) for each department or agency described in 18 paragraph (4), a breakdown of the numbers required 19 by paragraphs (1), (2), and (3).’’. 20 (d) ACCESS TO CERTAIN BUSINESS RECORDS AND 21 OTHER TANGIBLE THINGS.—Section 502(a) (50 U.S.C. 22 1862(a)) is amended by striking ‘‘Permanent Select Com23 mittee on Intelligence of the House of Representatives and 24 the Select Committee on Intelligence and the Committee 25 on the Judiciary of the Senate’’ and inserting ‘‘Permanent f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM F:\PKB\JD\FISA2014\113H3361-FLR-ANS_001.XML 43 1 Select Committee on Intelligence of the House of Rep2 resentatives, the Select Committee on Intelligence of the 3 Senate, and the Committees on the Judiciary of the House 4 of Representatives and the Senate’’. TITLE VII—SUNSETS 5 6 SEC. 701. SUNSETS. 7 8 (a) USA PATRIOT IMPROVEMENT ACT IZATION OF AND REAUTHOR- 2005.—Section 102(b)(1) of the USA 9 PATRIOT Improvement and Reauthorization Act of 2005 10 (50 U.S.C. 1805 note) is amended by striking ‘‘June 1, 11 2015’’ and inserting ‘‘December 31, 2017’’. 12 13 (b) INTELLIGENCE REFORM VENTION ACT OF AND TERRORISM PRE- 2004.—Section 6001(b)(1) of the Intel- 14 ligence Reform and Terrorism Prevention Act of 2004 (50 15 U.S.C. 1801 note) is amended by striking ‘‘June 1, 2015’’ 16 and inserting ‘‘December 31, 2017’’. ◊ f:\VHLC\052014\052014.199.xml May 20, 2014 (2:51 p.m.) VerDate 0ct 09 2002 14:51 May 20, 2014 Jkt 000000 (575649 3) PO 00000 Frm 00043 Fmt 6652 Sfmt 6301 C:\USERS\PKBAYER\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\113H33~1.XM