S.Amdt. 3948

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In S. 2685 · Placed on Calendar Senate

   SECTION 1. SHORT TITLE[struck: ; TABLE OF CONTENTS].

   Struck: (a) Short Title.--This Act may be cited as the "Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014" or the "USA FREEDOM Act of 2014".

   Struck: (b) Table of Contents.--The table of contents for this Act is as follows:

   Struck: Sec. 1. Short title; table of contents.

   Struck: Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978.

   Show 213 more struck paragraphsShow less

   Struck: TITLE I--FISA BUSINESS RECORDS REFORMS

   Struck: Sec. 101. Additional requirements for call detail records.

   Struck: Sec. 102. Emergency authority.

   Struck: Sec. 103. Prohibition on bulk collection of tangible things.

   Struck: Sec. 104. Judicial review.

   Struck: Sec. 105. Liability protection.

   Struck: Sec. 106. Compensation for assistance.

   Struck: Sec. 107. Definitions.

   Struck: Sec. 108. Inspector General reports on business records orders.

   Struck: Sec. 109. Effective date.

   Struck: Sec. 110. Rule of construction.

   Struck: TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

   Struck: Sec. 201. Prohibition on bulk collection.

   Struck: Sec. 202. Privacy procedures.

   Struck: TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES REFORMS

   Struck: Sec. 301. Limits on use of unlawfully obtained information.

   Struck: TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

   Struck: Sec. 401. Appointment of amicus curiae.

   Struck: Sec. 402. Declassification of decisions, orders, and opinions.

   Struck: TITLE V--NATIONAL SECURITY LETTER REFORM

   Struck: Sec. 501. Prohibition on bulk collection.

   Struck: Sec. 502. Limitations on disclosure of national security letters.

   Struck: Sec. 503. Judicial review.

   Struck: TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

   Struck: Sec. 601. Additional reporting on orders requiring production of business records; business records compliance reports to Congress.

   Struck: Sec. 602. Annual reports by the Government.

   Struck: Sec. 603. Public reporting by persons subject to FISA orders.

   Struck: Sec. 604. Reporting requirements for decisions, orders, and opinions of the Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review.

   Struck: Sec. 605. Submission of reports under FISA.

   Struck: TITLE VII--SUNSETS

   Struck: Sec. 701. Sunsets.

   Struck: SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

   Struck: Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

   Struck: TITLE I--FISA BUSINESS RECORDS REFORMS

   Struck: SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.

   Struck: (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is amended--

   Struck: (1) in subparagraph (A)--

   Struck: (A) in the matter preceding clause (i), by striking "a statement" and inserting "in the case of an application other than an application described in subparagraph (C) (including an application for the production of call detail records other than in the manner described in subparagraph (C)), a statement"; and

   Struck: (B) in clause (iii), by striking "; and" and inserting a semicolon;

   Struck: (2) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; and

   Struck: (3) by inserting after subparagraph (B) (as so redesignated) the following new subparagraph:

   Struck: "(C) in the case of an application for the production on a daily basis of call detail records created before, on, or after the date of the application relating to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism, a statement of facts showing that--

   Struck: "(i) there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to such investigation; and

   Struck: "(ii) there is a reasonable, articulable suspicion that such specific selection term is associated with a foreign power engaged in international terrorism or activities in preparation therefor, or an agent of a foreign power engaged in international terrorism or activities in preparation therefor; and".

   Struck: (b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended--

   Struck: (1) in subparagraph (D), by striking "; and" and inserting a semicolon;

   Struck: (2) in subparagraph (E), by striking the period and inserting "; and"; and

   Struck: (3) by adding at the end the following new subparagraph:

   Struck: "(F) in the case of an application described in subsection (b)(2)(C), shall--

   Struck: "(i) authorize the production on a daily basis of call detail records for a period not to exceed 180 days;

   Struck: "(ii) provide that an order for such production may be extended upon application under subsection (b) and the judicial finding under paragraph (1) of this subsection;

   Struck: "(iii) provide that the Government may require the prompt production of call detail records--

   Struck: "(I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and

   Struck: "(II) using call detail records with a direct connection to such specific selection term as the basis for production of a second set of call detail records;

   Struck: "(iv) provide that, when produced, such records be in a form that will be useful to the Government;

   Struck: "(v) direct each person the Government directs to produce call detail records under the order to furnish the Government forthwith all information, facilities, or technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such person is providing to each subject of the production; and

   Struck: "(vi) direct the Government to--

   Struck: "(I) adopt minimization procedures that require the prompt destruction of all call detail records produced under the order that the Government determines are not foreign intelligence information; and

   Struck: "(II) destroy all call detail records produced under the order as prescribed by such procedures.".

   Struck: SEC. 102. EMERGENCY AUTHORITY.

   Struck: (a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding at the end the following new subsection:

   Struck: "(i) Emergency Authority for Production of Tangible Things.--

   Struck: "(1) Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General--

   Struck: "(A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained;

   Struck: "(B) reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists;

   Struck: "(C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the authority under this subsection; and

   Struck: "(D) makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable, but not later than 7 days after the Attorney General requires the emergency production of tangible things under this subsection.

   Struck: "(2) If the Attorney General authorizes the emergency production of tangible things under paragraph (1), the Attorney General shall require that the minimization procedures required by this section for the issuance of a judicial order be followed.

   Struck: "(3) In the absence of a judicial order approving the production of tangible things under this subsection, the production shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time the Attorney General begins requiring the emergency production of such tangible things, whichever is earliest.

   Struck: "(4) A denial of the application made under this subsection may be reviewed as provided in section 103.

   Struck: "(5) If such application for approval is denied, or in any other case where the production of tangible things is terminated and no order is issued approving the production, no information obtained or evidence derived from such production shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof, and no information concerning any United States person acquired from such production shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

   Struck: "(6) The Attorney General shall assess compliance with the requirements of paragraph (5).".

   Struck: (b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is amended--

   Struck: (1) in paragraph (1)--

   Struck: (A) in the matter preceding subparagraph (A), by striking "pursuant to an order" and inserting "pursuant to an order issued or an emergency production required";

   Struck: (B) in subparagraph (A), by striking "such order" and inserting "such order or such emergency production"; and

   Struck: (C) in subparagraph (B), by striking "the order" and inserting "the order or the emergency production"; and

   Struck: (2) in paragraph (2)--

   Struck: (A) in subparagraph (A), by striking "an order" and inserting "an order or emergency production"; and

   Struck: (B) in subparagraph (B), by striking "an order" and inserting "an order or emergency production".

   Struck: SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS.

   Struck: (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as amended by section 101(a) of this Act, is further amended by inserting before subparagraph (B), as redesignated by such section 101(a) of this Act, the following new subparagraph:

   Struck: "(A) a specific selection term to be used as the basis for the production of the tangible things sought;".

   Struck: (b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended--

   Struck: (1) in paragraph (2)(A), by striking the semicolon and inserting ", including each specific selection term to be used as the basis for the production;"; and

   Struck: (2) by adding at the end the following new paragraph:

   Struck: "(3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection (b)(2).".

   Struck: (c) Minimization Procedures.--Section 501(g)(2) (50 U.S.C. 1861(g)(2)) is amended--

   Struck: (1) in subparagraph (B), by striking "and" at the end;

   Struck: (2) by redesignating subparagraph (C) as subparagraph (D);

   Struck: (3) by inserting after subparagraph (B) the following:

   Struck: "(C) for orders in which the specific selection term does not specifically identify an individual, account, or personal device, procedures that prohibit the dissemination, and require the destruction within a reasonable time period (which time period shall be specified in the order), of any tangible thing or information therein that has not been determined to relate to a person who is--

   Struck: "(i) a subject of an authorized investigation;

   Struck: "(ii) a foreign power or a suspected agent of a foreign power;

   Struck: "(iii) reasonably likely to have information about the activities of--

   Struck: "(I) a subject of an authorized investigation; or

   Struck: "(II) a suspected agent of a foreign power who is associated with a subject of an authorized investigation; or

   Struck: "(iv) in contact with or known to--

   Struck: "(I) a subject of an authorized investigation; or

   Struck: "(II) a suspected agent of a foreign power who is associated with a subject of an authorized investigation, unless the tangible thing or information therein indicates a threat of death or serious bodily harm to any person or is disseminated to another element of the intelligence community for the sole purpose of determining whether the tangible thing or information therein relates to a person who is described in clause (i), (ii), (iii), or (iv); and"; and

   Struck: (4) in subparagraph (D), as so redesignated, by striking "(A) and (B)" and inserting "(A), (B), and (C)".

   Struck: SEC. 104. JUDICIAL REVIEW.

   Struck: (a) Minimization Procedures.--

   Struck: (1) Judicial review.--Section 501(c)(1) (50 U.S.C. 1861(c)(1)) is amended by inserting after "subsections (a) and (b)" the following: "and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g)".

   Struck: (2) Technical and conforming amendment.--Section 501(g)(1) (50 U.S.C. 1861(g)(1)) is amended--

   Struck: (A) by striking "Not later than 180 days after the date of the enactment of the USA PATRIOT Improvement and Reauthorization Act of 2005, the" and inserting "The"; and

   Struck: (B) by inserting after "adopt" the following: ", and update as appropriate,".

   Struck: (b) Orders.--Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is amended--

   Struck: (1) in subparagraph (A)(i)--

   Struck: (A) by striking "that order" and inserting "the production order or any nondisclosure order imposed in connection with the production order"; and

   Struck: (B) by striking the second sentence; and

   Struck: (2) in subparagraph (C)--

   Struck: (A) by striking clause (ii); and

   Struck: (B) by redesignating clause (iii) as clause (ii).

   Struck: SEC. 105. LIABILITY PROTECTION.

   Struck: Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:

   Struck: "(e)(1) No cause of action shall lie in any court against a person who--

   Struck: "(A) produces tangible things or provides information, facilities, or technical assistance in accordance with an order issued or an emergency production required under this section; or

   Struck: "(B) otherwise provides technical assistance to the Government under this section or to implement the amendments made to this section by the USA FREEDOM Act of 2014.

   Struck: "(2) A production or provision of information, facilities, or technical assistance described in paragraph (1) shall not be deemed to constitute a waiver of any privilege in any other proceeding or context.".

   Struck: SEC. 106. COMPENSATION FOR ASSISTANCE.

   Struck: Section 501 (50 U.S.C. 1861), as amended by section 102 of this Act, is further amended by adding at the end the following new subsection:

   Struck: "(j) Compensation.--The Government shall compensate a person for reasonable expenses incurred for--

   Struck: "(1) producing tangible things or providing information, facilities, or assistance in accordance with an order issued with respect to an application described in subsection (b)(2)(C) or an emergency production under subsection (i) that, to comply with subsection (i)(1)(D), requires an application described in subsection (b)(2)(C); or

   Struck: "(2) otherwise providing technical assistance to the Government under this section or to implement the amendments made to this section by the USA FREEDOM Act of 2014.".

   Struck: SEC. 107. DEFINITIONS.

   Struck: Section 501 (50 U.S.C. 1861), as amended by section 106 of this Act, is further amended by adding at the end the following new subsection:

   Struck: "(k) Definitions.--In this section:

   Struck: "(1) Address.--The term 'address' means a physical address or electronic address, such as an electronic mail address, temporarily assigned network address, or Internet protocol address.

   Struck: "(2) Call detail record.--The term 'call detail record'--

   Struck: "(A) means session identifying information (including an originating or terminating telephone number, an International Mobile Subscriber Identity number, or an International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call; and

   Struck: "(B) does not include--

   Struck: "(i) the contents (as defined in section 2510(8) of title 18, United States Code) of any communication;

   Struck: "(ii) the name, address, or financial information of a subscriber or customer; or

   Struck: "(iii) cell site location information.

   Struck: "(3) Specific selection term.--

   Struck: "(A) In general.--Except as provided in subparagraph (B), the term 'specific selection term'--

   Struck: "(i) means a term that specifically identifies a person, account, address, or personal device, or another specific identifier, that is used by the Government to narrowly limit the scope of tangible things sought to the greatest extent reasonably practicable, consistent with the purpose for seeking the tangible things; and

   Struck: "(ii) does not include a term that does not narrowly limit the scope of the tangible things sought to the greatest extent reasonably practicable, consistent with the purpose for seeking the tangible things, such as--

   Struck: "(I) a term based on a broad geographic region, including a city, State, zip code, or area code, when not used as part of a specific identifier as described in clause (i); or

   Struck: "(II) a term identifying an electronic communication service provider (as that term is defined in section 701) or a provider of remote computing service (as that term is defined in section 2711 of title 18, United States Code), when not used as part of a specific identifier as described in clause (i), unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis of production.

   Struck: "(B) Call detail record applications.--For purposes of an application submitted under subsection (b)(2)(C), the term 'specific selection term' means a term that specifically identifies an individual, account, or personal device.".

   Struck: SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS.

   Struck: Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 200) is amended--

   Struck: (1) in subsection (b)--

   Struck: (A) in paragraph (1), by inserting "and calendar years 2012 through 2014" after "2006";

   Struck: (B) by striking paragraphs (2) and (3);

   Struck: (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and

   Struck: (D) in paragraph (3) (as so redesignated)--

   Struck: (i) by striking subparagraph (C) and inserting the following new subparagraph:

   Struck: "(C) with respect to calendar years 2012 through 2014, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) and whether the minimization procedures adequately protect the constitutional rights of United States persons;"; and

   Struck: (ii) in subparagraph (D), by striking "(as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)))";

   Struck: (2) in subsection (c), by adding at the end the following new paragraph:

   Struck: "(3) Calendar years 2012 through 2014.--Not later than December 31, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2012 through 2014.";

   Struck: (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;

   Struck: (4) by inserting after subsection (c) the following new subsection:

   Struck: "(d) Intelligence Assessment.--

   Struck: "(1) In general.--For the period beginning on January 1, 2012, and ending on December 31, 2014, the Inspector General of the Intelligence Community shall assess--

   Struck: "(A) the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) to the activities of the intelligence community;

   Struck: "(B) the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community;

   Struck: "(C) the minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and

   Struck: "(D) any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act (50 U.S.C. 1803(a)).

   Struck: "(2) Submission date for assessment.--Not later than 180 days after the date on which the Inspector General of the Department of Justice submits the report required under subsection (c)(3), the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 through 2014.";

   Struck: (5) in subsection (e), as redesignated by paragraph (3)--

   Struck: (A) in paragraph (1)--

   Struck: (i) by striking "a report under subsection (c)(1) or (c)(2)" and inserting "any report under subsection (c) or (d)"; and

   Struck: (ii) by striking "Inspector General of the Department of Justice" and inserting "Inspector General of the Department of Justice, the Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community that prepares a report to assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in complying with the requirements of this section"; and

   Struck: (B) in paragraph (2), by striking "the reports submitted under subsections (c)(1) and (c)(2)" and inserting "any report submitted under subsection (c) or (d)";

   Struck: (6) in subsection (f), as redesignated by paragraph (3)--

   Struck: (A) by striking "The reports submitted under subsections (c)(1) and (c)(2)" and inserting "Each report submitted under subsection (c)"; and

   Struck: (B) by striking "subsection (d)(2)" and inserting "subsection (e)(2)"; and

   Struck: (7) by adding at the end the following new subsection:

   Struck: "(g) Definitions.--In this section:

   Struck: "(1) Intelligence community.--The term 'intelligence community' has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

   Struck: "(2) United states person.--The term 'United States person' has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).".

   Struck: SEC. 109. EFFECTIVE DATE.

   Struck: (a) In General.--The amendments made by sections 101 through 103 shall take effect on the date that is 180 days after the date of the enactment of this Act.

   Struck: (b) Rule of Construction.--Nothing in this Act shall be construed to alter or eliminate the authority of the Government to obtain an order under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) as in effect prior to the effective date described in subsection (a) during the period ending on such effective date.

   Struck: SEC. 110. RULE OF CONSTRUCTION.

   Struck: Nothing in this Act shall be construed to authorize the production of the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication from an electronic communication service provider (as such term is defined in section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)) under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).

   Struck: TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

   Struck: SEC. 201. PROHIBITION ON BULK COLLECTION.

   Struck: (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended--

   Struck: (1) in paragraph (1), by striking "; and" and inserting a semicolon;

   Struck: (2) in paragraph (2)--

   Struck: (A) by striking "a certification by the applicant" and inserting "a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant"; and

   Struck: (B) by striking the period and inserting "; and"; and

   Struck: (3) by adding at the end the following new paragraph:

   Struck: "(3) a specific selection term to be used as the basis for the installation or use of the pen register or trap and trace device.".

   Struck: (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding at the end the following new paragraph:

   Struck: "(4)(A) The term 'specific selection term'--

   Struck: "(i) means a term that specifically identifies a person, account, address, or personal device, or another specific identifier, that is used by the Government to narrowly limit the scope of information sought to the greatest extent reasonably practicable, consistent with the purpose for the installation or use of the pen register or trap and trace device; and

   Struck: "(ii) does not include a term that does not narrowly limit the scope of information sought to the greatest extent reasonably practicable, consistent with the purpose for the installation or use of the pen register or trap and trace device, such as--

   Struck: "(I) a term based on a broad geographic region, including a city, State, zip code, or area code, when not used as part of a specific identifier as described in clause (i); or

   Struck: "(II) a term identifying an electronic communication service provider (as defined in section 701) or a provider of remote computing service (as that term is defined in section 2711 of title 18, United States Code), when not used as part of a specific identifier as described in clause (i), unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the installation or use of the pen register or trap and trace device.

   Struck: "(B) For purposes of subparagraph (A), the term 'address' means a physical address or electronic address, such as an electronic mail address, temporarily assigned network address, or Internet protocol address.".

   Struck: SEC. 202. PRIVACY PROCEDURES.

   Struck: (a) In General.--Section 402 (50 U.S.C. 1842) is amended by adding at the end the following new subsection:

   Struck: "(h) Privacy Procedures.--

   Struck: "(1) In general.--The Attorney General shall ensure that appropriate policies and procedures are in place to safeguard nonpublicly available information concerning United States persons that is collected through the use of a pen register or trap and trace device installed under this section. Such policies and procedures shall, to the maximum extent practicable and consistent with the need to protect national security, include privacy protections that apply to the collection, retention, and use of information concerning United States persons.

   Struck: "(2) Rule of construction.--Nothing in this subsection shall be construed to limit the authority of the court established under section 103(a) or of the Attorney General to impose additional privacy or minimization procedures with regard to the installation or use of a pen register or trap and trace device.

   Struck: "(3) Compliance assessment.--At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the privacy procedures required by this subsection by reviewing the circumstances under which information concerning United States persons was collected, retained, or disseminated.".

   Struck: (b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is amended by adding at the end the following new subsection:

   Struck: "(d) Privacy Procedures.--Information collected through the use of a pen register or trap and trace device installed under this section shall be subject to the policies and procedures required under section 402(h).".

   Struck: TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES REFORMS

   Struck: SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

   Struck: Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at the end the following new subparagraph:

   Struck: "(D) Limitation on use of information.--

   Struck: "(i) In general.--Except as provided in clause (ii), if the Court orders a correction of a deficiency in a certification or procedures under subparagraph (B), no information obtained or evidence derived pursuant to the part of the certification or procedures that has been identified by the Court as deficient concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired pursuant to such part of such certification or procedures shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

   Struck: "(ii) Exception.--If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information obtained before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause.".

   Struck: TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

   Struck: SEC. 401. APPOINTMENT OF AMICUS CURIAE.

   Struck: Section 103 (50 U.S.C. 1803) is amended by adding at the end the following new subsection:

   Inserted: This Act may be cited as the "FISA Improvements Act of 2014".

   Inserted: SEC. 2. SUPPLEMENTAL PROCEDURES FOR ACQUISITION OF CERTAIN BUSINESS RECORDS FOR COUNTERTERRORISM PURPOSES.

   Inserted: (a) Supplemental Procedures for Acquisition of Certain Business Records for International Terrorism Investigations.--Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding at the end the following:

   Inserted: "(i) General Prohibition on Bulk Collection of Communication Records.--No order issued pursuant to an application made under subsection (a) may authorize the acquisition in bulk of wire communication or electronic communication records from an entity that provides an electronic communication service to the public if such order does not name or otherwise identify either individuals or facilities, unless such order complies with the supplemental procedures under subsection (j).

   Inserted: "(j) Authorization for Bulk Collection of Non-content Metadata.--

   Inserted: "(1) Supplemental procedures.--Any order directed to the Government under subsection (a) that authorizes the acquisition in bulk of wire communication or electronic communication records, which shall not include the content of such communications, shall be subject to supplemental procedures, which are in addition to any other requirements or procedures imposed by this Act, as follows:

   Inserted: "(A) Content prohibition.--Such an order shall not authorize the acquisition of the content of any communication.

   Inserted: "(B) Authorization and renewal periods.--Such an order--

   Inserted: "(i) shall be effective for a period of not more than 90 days; and

   Inserted: "(ii) may be extended by the court on the same basis as an original order upon an application under this title for an extension and new findings by the court in accordance with subsection (c).

   Inserted: "(C) Security procedures for acquired data.--Information acquired pursuant to such an order (other than information properly returned in response to a query under subparagraph (D)(iii)) shall be retained by the Government in accordance with security procedures approved by the court in a manner designed to ensure that only authorized personnel will have access to the information in the manner prescribed by this section and the court's order.

   Inserted: "(D) Limited access to data.--Access to information retained in accordance with the procedures described in subparagraph (C) shall be prohibited, except for access--

   Show 62 more inserted paragraphsShow less

   Inserted: "(i) to perform a query using a selector for which a recorded determination has been made that there is a reasonable articulable suspicion that the selector is associated with international terrorism or activities in preparation therefor;

   Inserted: "(ii) to return information as authorized under paragraph (3); or

   Inserted: "(iii) as may be necessary for technical assurance, data management or compliance purposes, or for the purpose of narrowing the results of queries, in which case no information produced pursuant to the order may be accessed, used, or disclosed for any other purpose, unless the information is responsive to a query authorized under paragraph (3).

   Inserted: "(2) Record requirement.--

   Inserted: "(A) Determination.--For any determination made pursuant to paragraph (1)(D)(i), a record shall be retained of the selector, the identity of the individual who made the determination, the date and time of the determination, and the information indicating that, at the time of the determination, there was a reasonable articulable suspicion that the selector was associated with international terrorism or activities in preparation therefor.

   Inserted: "(B) Query.--For any query performed pursuant to paragraph (1)(D)(i), a record shall be retained of the identity of the individual who made the query, the date and time of the query, and the selector used to perform the query.

   Inserted: "(3) Scope of permissible query return information.--For any query performed pursuant to paragraph (1)(D)(i), the query only may return information concerning communications--

   Inserted: "(A) to or from the selector used to perform the query;

   Inserted: "(B) to or from a selector in communication with the selector used to perform the query; or

   Inserted: "(C) to or from any selector reasonably linked to the selector used to perform the query, in accordance with the court approved minimization procedures required under subsection (g).

   Inserted: "(4) Limits on personnel authorized to make determinations or perform queries.--A court order issued pursuant to an application made under subsection (a), and subject to the requirements of this subsection, shall impose strict, reasonable limits, consistent with operational needs, on the number of Government personnel authorized to make a determination or perform a query pursuant to paragraph (1)(D)(i). The Director of National Intelligence shall ensure that each such personnel receives comprehensive training on the applicable laws, policies, and procedures governing such determinations and queries prior to exercising such authority.

   Inserted: "(5) Automated reporting.--

   Inserted: "(A) Requirement for automated reporting.--The Director of the National Intelligence, in consultation with the head of the agency responsible for acquisitions pursuant to orders subject to the requirements of this subsection, shall establish a technical procedure whereby the aggregate number of queries performed pursuant to this subsection in the previous quarter shall be recorded automatically, and subsequently reported to the appropriate committees of Congress.

   Inserted: "(B) Availability upon request.--The information reported under subparagraph (A) shall be available to each of the following upon request:

   Inserted: "(i) The Inspector General of the National Security Agency.

   Inserted: "(ii) The Inspector General of the Intelligence Community.

   Inserted: "(iii) The Inspector General of the Department Justice.

   Inserted: "(iv) Appropriate officials of the Department of Justice.

   Inserted: "(v) Appropriate officials of the National Security Agency.

   Inserted: "(vi) The Privacy and Civil Liberties Oversight Board.

   Inserted: "(6) Court review of records.--

   Inserted: "(A) Requirement to provide records.--In accordance with minimization procedures required by subsection (g), and subject to subparagraph (B), a copy of each record for a determination prepared pursuant to paragraph (2)(A) shall be promptly provided to the court established under section 103(a).

   Inserted: "(B) Records associated with united states persons.--In accordance with minimization procedures required by subsection (g), a copy of each record for a determination prepared pursuant to paragraph (2)(A) that is reasonably believed to be associated with a particular, known United States person shall be promptly provided the court established under section 103(a), but no more than 7 days after the determination.

   Inserted: "(C) Remedy for improper determinations.--If the court finds that the record of the determination indicates the determination did not meet the requirements of this section or is otherwise unlawful, the court may order that production of records under the applicable order be terminated or modified, that the information returned in response to queries using the selector identified in the determination be destroyed, or another appropriate remedy.

   Inserted: "(7) Record retention and query restrictions.--

   Inserted: "(A) Record retention.--All records and information produced pursuant to an order subject to this subsection, other than the results of queries as described in paragraph (3), shall be retained no longer than 5 years from the date of acquisition.

   Inserted: "(B) Query restrictions.--The Government shall not query any data acquired under this subsection and retained in accordance with the procedures described in paragraph (1)(C) more than 3 years after such data was acquired unless the Attorney General determines that the query meets the standard set forth in paragraph (1)(D)(i).

   Inserted: "(8) Congressional oversight.--A copy of each order issued pursuant to an application made under subsection (a), and subject to the requirements of this subsection, shall be provided to the appropriate committees of Congress.

   Inserted: "(9) Definitions.--In this subsection:

   Inserted: "(A) Appropriate committees of congress.--The term 'appropriate committees of Congress' means--

   Inserted: "(i) the Committee on the Judiciary and the Select Committee on Intelligence of the Senate; and

   Inserted: "(ii) the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.

   Inserted: "(B) Content.--The term 'content', with respect to a communication--

   Inserted: "(i) means any information concerning the substance, purport, or meaning of that communication; and

   Inserted: "(ii) does not include any dialing, routing, addressing, signaling information.

   Inserted: "(C) Electronic communication.--The term 'electronic communication' has the meaning given that term in section 2510 of title 18, United States Code.

   Inserted: "(D) Electronic communication service.--The term 'electronic communication service' has the meaning given that term in section 2510 of title 18, United States Code.

   Inserted: "(E) Selector.--The term 'selector' means an identifier, such as a phone number or electronic account identifier, that is associated with a particular communicant or facility.

   Inserted: "(F) United states person.--The term 'United States person' has the meaning given that term in section 101 of this Act.

   Inserted: "(G) Wire communication.--The term 'wire communication' has the meaning given that term in section 2510 of title 18, United States Code.".

   Inserted: (b) Annual Unclassified Report.--Section 502(c)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862(c)(1)) is amended--

   Inserted: (1) in subparagraph (A), by striking "and" at the end;

   Inserted: (2) in subparagraph (B), by striking the period at the end and inserting "; and"; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(C) for each order subject to the supplemental procedures under section 501(j)--

   Inserted: "(i) the number of unique selectors for which a recorded determination has been made under section 501(j)(1)(D)(i) that reasonable articulable suspicion exists that the selector is associated with international terrorism or activities in preparation therefor;

   Inserted: "(ii) the aggregate number of queries performed pursuant to such section;

   Inserted: "(iii) the aggregate number of investigative leads developed as a direct result of any query performed pursuant to subsection (j)(1)(D)(i); and

   Inserted: "(iv) the aggregate number of warrants or court orders, based upon a showing of probable cause, issued pursuant to title I or III of this Act or chapter 119, 121, or 205 of title 18, United States Code, in response to applications for such warrants or court orders containing information produced by such queries.".

   Inserted: SEC. 3. ENHANCED CRIMINAL PENALTIES FOR UNAUTHORIZED ACCESS TO COLLECTED DATA.

   Inserted: Section 1030 of title 18, United States Code, is amended as follows:

   Inserted: (1) Subsection (a) is amended--

   Inserted: (A) in paragraph (5)(C), by striking the period at the end and inserting a semicolon;

   Inserted: (B) in paragraph (7)(C), by adding "or" at the end; and

   Inserted: (C) by inserting after paragraph (7)(C) the following:

   Inserted: "(8) accesses a computer without authorization or exceeds authorized access and thereby obtains information from any department or agency of the United States knowing or having reason to know that such computer was operated by or on behalf of the United States and that such information was acquired by the United States pursuant to the Foreign Intelligence Surveillance Act (50 U.S.C. 1801 et seq.) pursuant to an order issued by a court established under section 103 of that Act (50 U.S.C. 1803).".

   Inserted: (2) Subsection (c) is amended--

   Inserted: (A) in paragraph (4)(G)(ii), by striking the period at the end and inserting a semicolon and "or"; and

   Inserted: (B) by adding at the end the following:

   Inserted: "(5) a fine under this title, imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(8) of this section.".

   Inserted: SEC. 4. APPOINTMENT OF AMICUS CURIAE.

   Inserted: Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by adding at the end the following:

   "(i) Amicus Curiae.--

   Struck: "(1) Appointment of special advocates.--In consultation with the Privacy and Civil Liberties Oversight Board, the presiding judges of the courts established under subsections (a) and (b) shall, not later than 180 days after the enactment of this subsection, jointly appoint not fewer than 5 attorneys to serve as special advocates, who shall serve pursuant to rules the presiding judges may establish. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other relevant area of expertise and who are determined to be eligible for access to classified information necessary to participate in matters before the courts.

   "([struck: 2][inserted: 1]) Authorization.--[struck: A ][inserted: Notwithstanding any other provision of law, a ]court established under subsection (a) or (b)[inserted: is authorized], consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time[struck: --][inserted: , to appoint amicus curiae to assist the court in the consideration of a covered matter.]

   Struck: "(A) shall designate a special advocate to serve as amicus curiae to assist such court in the consideration of any certification pursuant to subsection (j) or any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a written finding that such appointment is not appropriate; and

   Struck: "(B) may designate or allow an individual or organization to serve as amicus curiae or to provide technical expertise in any other instance as such court deems appropriate.

   Struck: "(3) Rule of construction.--An application for an order or review shall be considered to present a novel or significant interpretation of the law if such application involves application of settled law to novel technologies or circumstances, or any other novel or significant construction or interpretation of any provision of law or of the Constitution of the United States, including any novel and significant interpretation of the term 'specific selection term'.

   Struck: "(4) Duties.--

   Show 287 more struck paragraphsShow less

   Struck: "(A) In general.--If a court established under subsection (a) or (b) designates a special advocate to participate as an amicus curiae in a proceeding, the special advocate--

   Struck: "(i) shall advocate, as appropriate, in support of legal interpretations that advance individual privacy and civil liberties;

   Struck: "(ii) shall have access to all relevant legal precedent, and any application, certification, petition, motion, or such other materials as are relevant to the duties of the special advocate;

   Struck: "(iii) may consult with any other special advocates regarding information relevant to any assigned case, including sharing relevant materials; and

   Struck: "(iv) may request that the court appoint technical and subject matter experts, not employed by the Government, to be available to assist the special advocate in performing the duties of the special advocate.

   Struck: "(B) Briefings or access to materials.--The Attorney General shall periodically brief or provide relevant materials to special advocates regarding constructions and interpretations of this Act and legal, technological and other issues related to actions authorized by this Act.

   Struck: "(C) Access to classified information.--

   Struck: "(i) In general.--A special advocate, experts appointed to assist a special advocate, or any other amicus or technical expert appointed by the court may have access to classified documents, information, and other materials or proceedings only if that individual is eligible for access to classified information and to the extent consistent with the national security of the United States.

   Struck: "(ii) Rule of construction.--Nothing in this section shall be construed to require the Government to provide information to a special advocate, other amicus, or technical expert that is privileged from disclosure.

   Struck: "(5) Notification.--The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1).

   Struck: "(6) Assistance.--A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection.

   Struck: "(7) Administration.--A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual appointed to serve as a special advocate under paragraph (1) in a manner that is not inconsistent with this subsection.

   Struck: "(j) Review of FISA Court Decisions.--After issuing an order, a court established under subsection (a) shall certify for review to the court established under subsection (b) any question of law that the court determines warrants such review because of a need for uniformity or because consideration by the court established under subsection (b) would serve the interests of justice. Upon certification of a question of law under this paragraph, the court established under subsection (b) may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy.

   Struck: "(k) Review of FISA Court of Review Decisions.--

   Struck: "(1) Certification.--For any decision issued by the court of review established under subsection (b) approving, in whole or in part, an application by the Government under this Act, such court may certify at any time, including after a decision, a question of law to be reviewed by the Supreme Court of the United States.

   Struck: "(2) Special advocate briefing.--Upon certification of an application under paragraph (1), the court of review established under subsection (b) may designate a special advocate to provide briefing as prescribed by the Supreme Court.

   Struck: "(3) Review.--The Supreme Court may review any question of law certified under paragraph (1) by the court of review established under subsection (b) in the same manner as the Supreme Court reviews questions certified under section 1254(2) of title 28, United States Code.

   Struck: "(l) Payment for Service as Special Advocate.--A special advocate designated in a proceeding pursuant to subsection (i)(2)(A) of this section may seek, at the conclusion of the proceeding in which the special advocate was designated, compensation for services provided pursuant to the designation. A special advocate seeking compensation shall be compensated in an amount reflecting fair compensation for the services provided, as determined by the court designating the special advocate and approved by the presiding judges of the courts established under subsections (a) and (b).

   Struck: "(m) Appropriations.--There are authorized to be appropriated to the United States courts such sums as may be necessary to carry out the provisions of this section. When so specified in appropriation acts, such appropriations shall remain available until expended. Payments from such appropriations shall be made under the supervision of the Director of the Administrative Office of the United States Courts.".

   Struck: SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS.

   Struck: (a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is amended--

   Struck: (1) in the heading, by striking "REPORTING REQUIREMENT" and inserting "OVERSIGHT"; and

   Struck: (2) by adding at the end the following new section:

   Struck: "SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND OPINIONS.

   Struck: "(a) Declassification Required.--Subject to subsection (b), the Director of National Intelligence, in consultation with the Attorney General, shall conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in section 601(e)) that includes a significant construction or interpretation of law, including any novel or significant construction or interpretation of the term 'specific selection term', and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion.

   Struck: "(b) Redacted Form.--The Director of National Intelligence, in consultation with the Attorney General, may satisfy the requirement under subsection (a) to make a decision, order, or opinion described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form.

   Struck: "(c) National Security Waiver.--The Director of National Intelligence, in consultation with the Attorney General, may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if--

   Struck: "(1) the Director of National Intelligence, in consultation with the Attorney General, determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and

   Struck: "(2) the Director of National Intelligence makes publicly available an unclassified statement prepared by the Attorney General, in consultation with the Director of National Intelligence--

   Struck: "(A) summarizing the significant construction or interpretation of law, which shall include, to the extent consistent with national security, each legal question addressed by the decision and how such question was resolved, in general terms the context in which the matter arises, and a description of the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and

   Struck: "(B) that specifies that the statement has been prepared by the Attorney General and constitutes no part of the opinion of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review.".

   Struck: (b) Table of Contents Amendments.--The table of contents in the first section is amended--

   Struck: (1) by striking the item relating to title VI and inserting the following new item:

   Struck: "TITLE VI--OVERSIGHT";

   Struck: and

   Struck: (2) by inserting after the item relating to section 601 the following new item:

   Struck: "Sec. 602. Declassification of significant decisions, orders, and opinions.".

   Struck: TITLE V--NATIONAL SECURITY LETTER REFORM

   Struck: SEC. 501. PROHIBITION ON BULK COLLECTION.

   Struck: (a) Counterintelligence Access to Telephone Toll and Transactional Records.--Section 2709(b) of title 18, United States Code, is amended in the matter preceding paragraph (1) by striking "may" and inserting "may, using a term that specifically identifies a person, entity, telephone number, or account as the basis for a request".

   Struck: (b) Access to Financial Records for Certain Intelligence and Protective Purposes.--Section 1114(a)(2) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the period and inserting "and a term that specifically identifies a customer, entity, or account to be used as the basis for the production and disclosure of financial records.".

   Struck: (c) Disclosures to FBI of Certain Consumer Records for Counterintelligence Purposes.--Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--

   Struck: (1) in subsection (a), by striking "that information," and inserting "that information that includes a term that specifically identifies a consumer or account to be used as the basis for the production of that information,";

   Struck: (2) in subsection (b), by striking "written request," and inserting "written request that includes a term that specifically identifies a consumer or account to be used as the basis for the production of that information,"; and

   Struck: (3) in subsection (c), by inserting ", which shall include a term that specifically identifies a consumer or account to be used as the basis for the production of the information," after "issue an order ex parte".

   Struck: (d) Disclosures to Governmental Agencies for Counterterrorism Purposes of Consumer Reports.--Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)) is amended by striking "analysis." and inserting "analysis and that includes a term that specifically identifies a consumer or account to be used as the basis for the production of such information.".

   Struck: SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.

   Struck: (a) Counterintelligence Access to Telephone Toll and Transactional Records.--Section 2709 of title 18, United States Code, is amended by striking subsection (c) and inserting the following new subsection:

   Struck: "(c) Prohibition of Certain Disclosure.--

   Struck: "(1) Prohibition.--

   Struck: "(A) In general.--If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no wire or electronic communication service provider that receives a request under subsection (b), or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under this section.

   Struck: "(B) Certification.--The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in--

   Struck: "(i) a danger to the national security of the United States;

   Struck: "(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;

   Struck: "(iii) interference with diplomatic relations; or

   Struck: "(iv) danger to the life or physical safety of any person.

   Struck: "(2) Exception.--

   Struck: "(A) In general.--A wire or electronic communication service provider that receives a request under subsection (b), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to--

   Struck: "(i) those persons to whom disclosure is necessary in order to comply with the request;

   Struck: "(ii) an attorney in order to obtain legal advice or assistance regarding the request; or

   Struck: "(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.

   Struck: "(B) Application.--A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (b) in the same manner as the person to whom the request is issued.

   Struck: "(C) Notice.--Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement.

   Struck: "(D) Identification of disclosure recipients.--At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

   Struck: "(3) Termination.--

   Struck: "(A) In general.--In the case of any request under subsection (b) for which a recipient has submitted a notification to the Government under section 3511(b)(1)(A) or filed a petition for judicial review under subsection (d)--

   Struck: "(i) an appropriate official of the Federal Bureau of Investigation shall, until termination of the nondisclosure requirement, review the facts supporting a nondisclosure requirement annually and upon closure of the investigation; and

   Struck: "(ii) if, upon a review under clause (i), the facts no longer support the nondisclosure requirement, an appropriate official of the Federal Bureau of Investigation shall promptly notify the wire or electronic service provider, or officer, employee, or agent thereof, subject to the nondisclosure requirement, and the court as appropriate, that the nondisclosure requirement is no longer in effect.

   Struck: "(B) Closure of investigation.--Upon closure of the investigation--

   Struck: "(i) the Federal Bureau of Investigation may petition the court before which a notification or petition for judicial review under subsection (d) has been filed for a determination that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), if it notifies the recipient of such petition;

   Struck: "(ii) the court shall review such a petition pursuant to the procedures under section 3511; and

   Struck: "(iii) if the court determines that there is reason to believe that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the Federal Bureau of Investigation shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph (A).".

   Struck: (b) Access to Financial Records for Certain Intelligence and Protective Purposes.--Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended--

   Struck: (1) in subsection (a)(5), by striking subparagraph (D); and

   Struck: (2) by inserting after subsection (b) the following new subsection:

   Struck: "(c) Prohibition of Certain Disclosure.--

   Struck: "(1) Prohibition.--

   Struck: "(A) In general.--If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no financial institution that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a).

   Struck: "(B) Certification.--The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in--

   Struck: "(i) a danger to the national security of the United States;

   Struck: "(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;

   Struck: "(iii) interference with diplomatic relations; or

   Struck: "(iv) danger to the life or physical safety of any person.

   Struck: "(2) Exception.--

   Struck: "(A) In general.--A financial institution that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to--

   Struck: "(i) those persons to whom disclosure is necessary in order to comply with the request;

   Struck: "(ii) an attorney in order to obtain legal advice or assistance regarding the request; or

   Struck: "(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.

   Struck: "(B) Application.--A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.

   Struck: "(C) Notice.--Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.

   Struck: "(D) Identification of disclosure recipients.--At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

   Struck: "(3) Termination.--

   Struck: "(A) In general.--In the case of any request under subsection (a) for which a recipient has submitted a notification to the Government under section 3511(b)(1)(A) of title 18, United States Code, or filed a petition for judicial review under subsection (d)--

   Struck: "(i) an appropriate official of the Federal Bureau of Investigation shall, until termination of the nondisclosure requirement, review the facts supporting a nondisclosure requirement annually and upon closure of the investigation; and

   Struck: "(ii) if, upon a review under clause (i), the facts no longer support the nondisclosure requirement, an appropriate official of the Federal Bureau of Investigation shall promptly notify the financial institution, or officer, employee, or agent thereof, subject to the nondisclosure requirement, and the court as appropriate, that the nondisclosure requirement is no longer in effect.

   Struck: "(B) Closure of investigation.--Upon closure of the investigation--

   Struck: "(i) the Federal Bureau of Investigation may petition the court before which a notification or petition for judicial review under subsection (d) has been filed for a determination that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), if it notifies the recipient of such petition;

   Struck: "(ii) the court shall review such a petition pursuant to the procedures under section 3511 of title 18, United States Code; and

   Struck: "(iii) if the court determines that there is reason to believe that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the Federal Bureau of Investigation shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph (A).".

   Struck: (c) Identity of Financial Institutions and Credit Reports.--Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by striking subsection (d) and inserting the following new subsection:

   Struck: "(d) Prohibition of Certain Disclosure.--

   Struck: "(1) Prohibition.--

   Struck: "(A) In general.--If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (e) is provided, no consumer reporting agency that receives a request under subsection (a) or (b) or an order under subsection (c), or officer, employee, or agent thereof, shall disclose or specify in any consumer report, that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a), (b), or (c).

   Struck: "(B) Certification.--The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in--

   Struck: "(i) a danger to the national security of the United States;

   Struck: "(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;

   Struck: "(iii) interference with diplomatic relations; or

   Struck: "(iv) danger to the life or physical safety of any person.

   Struck: "(2) Exception.--

   Struck: "(A) In general.--A consumer reporting agency that receives a request under subsection (a) or (b) or an order under subsection (c), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to--

   Struck: "(i) those persons to whom disclosure is necessary in order to comply with the request;

   Struck: "(ii) an attorney in order to obtain legal advice or assistance regarding the request; or

   Struck: "(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.

   Struck: "(B) Application.--A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request under subsection (a) or (b) or an order under subsection (c) is issued in the same manner as the person to whom the request is issued.

   Struck: "(C) Notice.--Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.

   Struck: "(D) Identification of disclosure recipients.--At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

   Struck: "(3) Termination.--

   Struck: "(A) In general.--In the case of any request under subsection (a) or (b) or order under subsection (c) for which a recipient has submitted a notification to the Government under section 3511(b)(1)(A) of title 18, United States Code, or filed a petition for judicial review under subsection (e)--

   Struck: "(i) an appropriate official of the Federal Bureau of Investigation shall, until termination of the nondisclosure requirement, review the facts supporting a nondisclosure requirement annually and upon closure of the investigation; and

   Struck: "(ii) if, upon a review under clause (i), the facts no longer support the nondisclosure requirement, an appropriate official of the Federal Bureau of Investigation shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement, and the court as appropriate, that the nondisclosure requirement is no longer in effect.

   Struck: "(B) Closure of investigation.--Upon closure of the investigation--

   Struck: "(i) the Federal Bureau of Investigation may petition the court before which a notification or petition for judicial review under subsection (e) has been filed for a determination that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), if it notifies the recipient of such petition;

   Struck: "(ii) the court shall review such a petition pursuant to the procedures under section 3511 of title 18, United States Code; and

   Struck: "(iii) if the court determines that there is reason to believe that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the Federal Bureau of Investigation shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph (A).".

   Struck: (d) Consumer Reports.--Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by striking subsection (c) and inserting the following new subsection:

   Struck: "(c) Prohibition of Certain Disclosure.--

   Struck: "(1) Prohibition.--

   Struck: "(A) In general.--If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no consumer reporting agency that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose or specify in any consumer report, that a government agency described in subsection (a) has sought or obtained access to information or records under subsection (a).

   Struck: "(B) Certification.--The requirements of subparagraph (A) shall apply if the head of the government agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in--

   Struck: "(i) a danger to the national security of the United States;

   Struck: "(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;

   Struck: "(iii) interference with diplomatic relations; or

   Struck: "(iv) danger to the life or physical safety of any person.

   Struck: "(2) Exception.--

   Struck: "(A) In general.--A consumer reporting agency that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to--

   Struck: "(i) those persons to whom disclosure is necessary in order to comply with the request;

   Struck: "(ii) an attorney in order to obtain legal advice or assistance regarding the request; or

   Struck: "(iii) other persons as permitted by the head of the government agency described in subsection (a) or a designee.

   Struck: "(B) Application.--A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request under subsection (a) is issued in the same manner as the person to whom the request is issued.

   Struck: "(C) Notice.--Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.

   Struck: "(D) Identification of disclosure recipients.--At the request of the head of the government agency described in subsection (a) or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

   Struck: "(3) Termination.--

   Struck: "(A) In general.--In the case of any request under subsection (a) for which a recipient has submitted a notification to the Government under section 3511(b)(1)(A) of title 18, United States Code, or filed a petition for judicial review under subsection (d)--

   Struck: "(i) an appropriate official of the agency described in subsection (a) shall, until termination of the nondisclosure requirement, review the facts supporting a nondisclosure requirement annually and upon closure of the investigation; and

   Struck: "(ii) if, upon a review under clause (i), the facts no longer support the nondisclosure requirement, an appropriate official of the agency described in subsection (a) shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement, and the court as appropriate, that the nondisclosure requirement is no longer in effect.

   Struck: "(B) Closure of investigation.--Upon closure of the investigation--

   Struck: "(i) the agency described in subsection (a) may petition the court before which a notification or petition for judicial review under subsection (d) has been filed for a determination that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), if it notifies the recipient of such petition;

   Struck: "(ii) the court shall review such a petition pursuant to the procedures under section 3511 of title 18, United States Code; and

   Struck: "(iii) if the court determines that there is reason to believe that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the agency described in subsection (1) shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph (A).".

   Struck: (e) Investigations of Persons With Access to Classified Information.--Section 802 of the National Security Act of 1947 (50 U.S.C. 3162) is amended by striking subsection (b) and inserting the following new subsection:

   Struck: "(b) Prohibition of Certain Disclosure.--

   Struck: "(1) Prohibition.--

   Struck: "(A) In general.--If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (c) is provided, no governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a).

   Struck: "(B) Certification.--The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in--

   Struck: "(i) a danger to the national security of the United States;

   Struck: "(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;

   Struck: "(iii) interference with diplomatic relations; or

   Struck: "(iv) danger to the life or physical safety of any person.

   Struck: "(2) Exception.--

   Struck: "(A) In general.--A governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to--

   Struck: "(i) those persons to whom disclosure is necessary in order to comply with the request;

   Struck: "(ii) an attorney in order to obtain legal advice or assistance regarding the request; or

   Struck: "(iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a) or a designee.

   Struck: "(B) Application.--A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.

   Struck: "(C) Notice.--Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.

   Struck: "(D) Identification of disclosure recipients.--At the request of the head of an authorized investigative agency described in subsection (a), or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the head of the authorized investigative agency or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

   Struck: "(3) Termination.--

   Struck: "(A) In general.--In the case of any request for which a recipient has submitted a notification to the Government under section 3511(b)(1)(A) of title 18, United States Code, or filed a petition for judicial review under subsection (c)--

   Struck: "(i) an appropriate official of the authorized investigative agency making the request under subsection (a) shall, until termination of the nondisclosure requirement, review the facts supporting a nondisclosure requirement annually and upon closure of the investigation; and

   Struck: "(ii) if, upon a review under clause (i), the facts no longer support the nondisclosure requirement, an appropriate official of the authorized investigative agency making the request under subsection (a) shall promptly notify the recipient of the request, or officer, employee, or agent thereof, subject to the nondisclosure requirement, and the court as appropriate, that the nondisclosure requirement is no longer in effect.

   Struck: "(B) Closure of investigation.--Upon closure of the investigation--

   Struck: "(i) the authorized investigative agency making the request under subsection (a) may petition the court before which a notification or petition for judicial review under subsection (c) has been filed for a determination that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), if it notifies the recipient of such petition;

   Struck: "(ii) the court shall review such a petition pursuant to the procedures under section 3511 of title 18, United States Code; and

   Struck: "(iii) if the court determines that there is reason to believe that disclosure may result in the harm described in clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the authorized investigative agency shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph (A).".

   Struck: (f) Judicial Review.--Section 3511 of title 18, United States Code, is amended by striking subsection (b) and inserting the following new subsection:

   Struck: "(b) Nondisclosure.--

   Struck: "(1) In general.--

   Struck: "(A) Notice.--If a recipient of a request or order for a report, records, or other information under section 2709 of this title, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802 of the National Security Act of 1947 (50 U.S.C. 3162), wishes to have a court review a nondisclosure requirement imposed in connection with the request or order, the recipient may notify the Government or file a petition for judicial review in any court described in subsection (a).

   Struck: "(B) Application.--Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request or order. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the order is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the request is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement.

   Struck: "(C) Consideration.--A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances.

   Struck: "(2) Application contents.--An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of the department, agency, or instrumentality, containing a statement of specific facts indicating that the absence of a prohibition of disclosure under this subsection may result in--

   Struck: "(A) a danger to the national security of the United States;

   Struck: "(B) interference with a criminal, counterterrorism, or counterintelligence investigation;

   Struck: "(C) interference with diplomatic relations; or

   Struck: "(D) danger to the life or physical safety of any person.

   Struck: "(3) Standard.--A district court of the United States shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in--

   Struck: "(A) a danger to the national security of the United States;

   Struck: "(B) interference with a criminal, counterterrorism, or counterintelligence investigation;

   Struck: "(C) interference with diplomatic relations; or

   Struck: "(D) danger to the life or physical safety of any person.".

   Struck: SEC. 503. JUDICIAL REVIEW.

   Struck: (a) Counterintelligence Access to Telephone Toll and Transactional Records.--Section 2709 of title 18, United States Code, is amended--

   Struck: (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and

   Struck: (2) by inserting after subsection (c) the following new subsection:

   Struck: "(d) Judicial Review.--

   Struck: "(1) In general.--A request under subsection (b) or a nondisclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511.

   Struck: "(2) Notice.--A request under subsection (b) shall include notice of the availability of judicial review described in paragraph (1).".

   Struck: (b) Access to Financial Records for Certain Intelligence and Protective Purposes.--Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended--

   Struck: (1) by redesignating subsection (d) as subsection (e); and

   Struck: (2) by inserting after subsection (c) the following new subsection:

   Struck: "(d) Judicial Review.--

   Struck: "(1) In general.--A request under subsection (a) or a nondisclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511 of title 18, United States Code.

   Struck: "(2) Notice.--A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).".

   Struck: (c) Identity of Financial Institutions and Credit Reports.--Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--

   Struck: (1) by redesignating subsections (e) through (m) as subsections (f) through (n), respectively; and

   Struck: (2) by inserting after subsection (d) the following new subsection:

   Struck: "(e) Judicial Review.--

   Struck: "(1) In general.--A request under subsection (a) or (b) or an order under subsection (c) or a non-disclosure requirement imposed in connection with such request under subsection (d) shall be subject to judicial review under section 3511 of title 18, United States Code.

   Struck: "(2) Notice.--A request under subsection (a) or (b) or an order under subsection (c) shall include notice of the availability of judicial review described in paragraph (1).".

   Struck: (d) Identity of Financial Institutions and Credit Reports.--Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended--

   Struck: (1) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively; and

   Struck: (2) by inserting after subsection (c) the following new subsection:

   Struck: "(d) Judicial Review.--

   Struck: "(1) In general.--A request under subsection (a) or a non- disclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511 of title 18, United States Code.

   Struck: "(2) Notice.--A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).".

   Struck: (e) Investigations of Persons With Access to Classified Information.--Section 802 of the National Security Act of 1947 (50 U.S.C. 3162) is amended--

   Struck: (1) by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and

   Struck: (2) by inserting after subsection (b) the following new subsection:

   Struck: "(c) Judicial Review.--

   Struck: "(1) In general.--A request under subsection (a) or a nondisclosure requirement imposed in connection with such request under subsection (b) shall be subject to judicial review under section 3511 of title 18, United States Code.

   Struck: "(2) Notice.--A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).".

   Struck: TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

   Struck: SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF BUSINESS RECORDS; BUSINESS RECORDS COMPLIANCE REPORTS TO CONGRESS.

   Struck: Section 502(b) (50 U.S.C. 1862(b)) is amended--

   Struck: (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (6), (7), and (8), respectively; and

   Struck: (2) by inserting before paragraph (6) (as so redesignated) the following new paragraphs:

   Struck: "(1) a summary of all compliance reviews conducted by the Government for the production of tangible things under section 501;

   Struck: "(2) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things;

   Struck: "(3) the total number of such orders either granted, modified, or denied;

   Struck: "(4) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records;

   Struck: "(5) the total number of such orders either granted, modified, or denied;".

   Struck: SEC. 602. ANNUAL REPORTS BY THE GOVERNMENT.

   Struck: (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by section 402 of this Act, is further amended by adding at the end the following new section:

   Struck: "SEC. 603. ANNUAL REPORTS.

   Struck: "(a) Report by Director of the Administrative Office of the United States Courts.--The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate, subject to a declassification review by the Attorney General and the Director of National Intelligence, a report, made publicly available on an Internet Web site, that includes--

   Struck: "(1) the number of applications or certifications for orders submitted under each of sections 105, 304, 402, 501, 702, 703, and 704;

   Struck: "(2) the number of orders entered under each of those sections;

   Struck: "(3) the number of orders modified under each of those sections;

   Struck: "(4) the number of orders denied under each of those sections;

   Struck: "(5) the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae; and

   Struck: "(6) the number of written findings issued under section 103(i) that such appointment is not appropriate and the text of any such written findings.

   Struck: "(b) Mandatory Reporting by Director of National Intelligence.--

   Struck: "(1) In general.--Except as provided in subsection (e), the Director of National Intelligence shall annually make publicly available on an Internet Web site a report that identifies, for the preceding 12-month period--

   Struck: "(A) the total number of orders issued pursuant to titles I and III and sections 703 and 704 and a good faith estimate of the number of targets of such orders;

   Struck: "(B) the total number of orders issued pursuant to section 702 and a good faith estimate of--

   Struck: "(i) the number of targets of such orders;

   Struck: "(ii) the number of individuals whose communications were collected pursuant to such orders;

   Struck: "(iii) the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the United States at the time of collection;

   Struck: "(iv) the number of search terms that included information concerning a United States person that were used to query any database of the contents of electronic communications or wire communications obtained through the use of an order issued pursuant to section 702; and

   Struck: "(v) the number of search queries initiated by an officer, employee, or agent of the United States whose search terms included information concerning a United States person in any database of noncontents information relating to electronic communications or wire communications that were obtained through the use of an order issued pursuant to section 702;

   Struck: "(C) the total number of orders issued pursuant to title IV and a good faith estimate of--

   Struck: "(i) the number of targets of such orders;

   Struck: "(ii) the number of individuals whose communications were collected pursuant to such orders; and

   Struck: "(iii) the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the United States at the time of collection;

   Struck: "(D) the total number of orders issued pursuant to applications made under section 501(b)(2)(B) and a good faith estimate of--

   Struck: "(i) the number of targets of such orders;

   Struck: "(ii) the number of individuals whose communications were collected pursuant to such orders; and

   Struck: "(iii) the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the United States at the time of collection;

   Struck: "(E) the total number of orders issued pursuant to applications made under section 501(b)(2)(C) and a good faith estimate of--

   Struck: "(i) the number of targets of such orders;

   Struck: "(ii) the number of individuals whose communications were collected pursuant to such orders;

   Struck: "(iii) the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the United States at the time of collection; and

   Struck: "(iv) the number of search terms that included information concerning a United States person that were used to query any database of call detail records obtained through the use of such orders; and

   Struck: "(F) the total number of national security letters issued and the number of requests for information contained within such national security letters.

   Struck: "(2) Basis for reasonable belief individual is located in united states.--A phone number registered in the United States may provide the basis for a reasonable belief that the individual using the phone number is located in the United States at the time of collection.

   Struck: "(c) Discretionary Reporting by Director of National Intelligence.--The Director of National Intelligence may annually make publicly available on an Internet Web site a report that identifies, for the preceding 12-month period--

   Struck: "(1) a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to titles I and III and sections 703 and 704 reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States;

   Struck: "(2) a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to section 702 reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States;

   Struck: "(3) a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to title IV reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States;

   Struck: "(4) a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to applications made under section 501(b)(2)(B) reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States; and

   Struck: "(5) a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to applications made under section 501(b)(2)(C) reasonably believed to have been located in the United States at the time of collection whose information was reviewed or accessed by an officer, employee, or agent of the United States.

   Struck: "(d) Timing.--The annual reports required by subsections (a) and (b) and permitted by subsection (c) shall be made publicly available during April of each year and include information relating to the previous year.

   Struck: "(e) Exceptions.--

   Struck: "(1) Reporting by unique identifier.--If it is not practicable to report the good faith estimates required by subsection (b) and permitted by subsection (c) in terms of individuals, the good faith estimates may be counted in terms of unique identifiers, including names, account names or numbers, addresses, or telephone or instrument numbers.

   Struck: "(2) Statement of numerical range.--If a good faith estimate required to be reported under clauses (ii) or (iii) of each of subparagraphs (B), (C), (D), and (E) of paragraph (1) of subsection (b) or permitted to be reported in subsection (c), is fewer than 500, it shall exclusively be expressed as a numerical range of 'fewer than 500' and shall not be expressed as an individual number.

   Struck: "(3) Federal bureau of investigation.--Subparagraphs (B)(iv), (B)(v), (D)(iii), (E)(iii), and (E)(iv) of paragraph (1) of subsection (b) shall not apply to information or records held by, or queries conducted by, the Federal Bureau of Investigation.

   Struck: "(4) Certification.--

   Struck: "(A) In general.--If the Director of National Intelligence concludes that a good faith estimate required to be reported under subparagraph (B)(iii) or (C)(iii) of paragraph (1) of subsection (b) cannot be determined accurately, including through the use of statistical sampling, the Director shall--

   Struck: "(i) certify that conclusion in writing to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and

   Struck: "(ii) make such certification publicly available on an Internet Web site.

   Struck: "(B) Content.--

   Struck: "(i) In general.--The certification described in subparagraph (A) shall state with specificity any operational, national security, or other reasons why the Director of National Intelligence has reached the conclusion described in subparagraph (A).

   Struck: "(ii) Good faith estimates of certain individuals whose communications were collected under orders issued under section 702.--A certification described in subparagraph (A) relating to a good faith estimate required to be reported under subsection (b)(1)(B)(iii) may include the information annually reported pursuant to section 702(l)(3)(A).

   Struck: "(iii) Good faith estimates of certain individuals whose communications were collected under orders issued under title iv.--If the Director of National Intelligence determines that a good faith estimate required to be reported under subsection (b)(1)(C)(iii) cannot be determined accurately as that estimate pertains to electronic communications, but can be determined accurately for wire communications, the Director shall make the certification described in subparagraph (A) with respect to electronic communications and shall also report the good faith estimate with respect to wire communications.

   Struck: "(C) Form.--A certification described in subparagraph (A) shall be prepared in unclassified form, but may contain a classified annex.

   Struck: "(D) Timing.--If the Director of National Intelligence continues to conclude that the good faith estimates described in this paragraph cannot be determined accurately, the Director shall annually submit a certification in accordance with this paragraph.

   Struck: "(f) Construction.--Nothing in this section affects the lawfulness or unlawfulness of any government surveillance activities described herein.

   Inserted: "(2) Definitions.--In this subsection:

   Inserted: "(A) Appropriate committees of congress.--The term 'appropriate committees of Congress' means--

   Inserted: "(i) the Committee on the Judiciary and the Select Committee on Intelligence of the Senate; and

   Inserted: "(ii) the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.

   Inserted: "(B) Covered matter.--The term 'covered matter' means a matter before a court established under subsection (a) or (b)--

   Inserted: "(i) that, in the opinion of such a court, presents a legal or technical issue regarding which the court's deliberations would benefit from participation by an amicus curiae; and

   Inserted: "(ii) that pertains to--

   Inserted: "(I) an application for an order under this title, title III, IV, or V of this Act, or section 703 or 704 of this Act;

   Inserted: "(II) a review of a certification or procedures under section 702 of this Act; or

   Inserted: "(III) a notice of non-compliance with any such order, certification, or procedures.

   Inserted: "(3) Designation.--The courts established by subsection (a) and (b) shall each designate 1 or more individuals who have been determined by appropriate executive branch officials to be eligible for access to classified national security information, including sensitive compartmented information, who may be appointed to serve as amicus curiae. In appointing an amicus curiae pursuant to paragraph (1), the court may choose from among those so designated.

   Inserted: "(4) Expertise.--An individual appointed as an amicus curiae under paragraph (1) may be a special counsel or an expert on privacy and civil liberties, intelligence collection, telecommunications, or any other area that may lend legal or technical expertise to the court.

   Show 44 more inserted paragraphsShow less

   Inserted: "(5) Duties.--An amicus curiae appointed under paragraph (1) to assist with the consideration of a covered matter 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 III of the Constitution of the United States and the national security of the United States, the amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court.

   Inserted: "(6) Notification.--A court established under subsection (a) or (b) shall notify the Attorney General of each exercise of the authority to appoint an amicus curiae under paragraph (1).

   Inserted: "(7) Assistance.--A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection.

   Inserted: "(8) Administration.--A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, support, or other administration of an amicus curiae appointed under paragraph (1) in a manner that is not inconsistent with this subsection.

   Inserted: "(9) Congressional oversight.--The Attorney General shall submit to the appropriate committees of Congress an annual report on the number of notices described in paragraph (6) received by Attorney General for the preceding 12-month period.".

   Inserted: SEC. 5. CONSOLIDATION OF CONGRESSIONAL OVERSIGHT PROVISIONS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

   Inserted: (a) Repeal of Congressional Oversight Provisions.--

   Inserted: (1) Repeal.--The Foreign Intelligence Surveillance Act of 1978 is amended by striking sections 107, 108, 306, and 406 (50 U.S.C. 1807, 1808, 1826, and 1846).

   Inserted: (2) Table of contents amendment.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by striking the items relating to sections 107, 108, 306, and 406.

   Inserted: (b) Semiannual Report of the Attorney General.--Section 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended to read as follows:

   Inserted: "SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.

   Inserted: "(a) In General.--

   Inserted: "(1) Information.--On a semiannual basis, the Attorney General shall submit to the appropriate committees of Congress a report pursuant to paragraph (2) concerning all electronic surveillance, physical searches, and uses of pen registers and trap and trace devices conducted under this Act.

   Inserted: "(2) Report.--The report required by paragraph (1) shall include the following:

   Inserted: "(A) Electronic surveillance.--The total number of--

   Inserted: "(i) applications made for orders approving electronic surveillance under this Act;

   Inserted: "(ii) such orders either granted, modified, or denied;

   Inserted: "(iii) proposed applications for orders for electronic surveillance submitted pursuant to Rule 9(a) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule, that are not formally presented in the form of a final application under Rule 9(b) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule;

   Inserted: "(iv) named United States person targets of electronic surveillance;

   Inserted: "(v) emergency authorizations of electronic surveillance granted under this Act and the total number of subsequent orders approving or denying such electronic surveillance; and

   Inserted: "(vi) new compliance incidents arising from electronic surveillance under this Act.

   Inserted: "(B) Physical searches.--The total number of--

   Inserted: "(i) applications made for orders approving physical search under this Act;

   Inserted: "(ii) such orders either granted, modified, or denied;

   Inserted: "(iii) proposed applications for orders for physical searches submitted pursuant to Rule 9(a) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule, that are not formally presented in the form of a final application under Rule 9(b) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule;

   Inserted: "(iv) named United States person targets of physical searches;

   Inserted: "(v) emergency authorizations of physical searches granted under this Act and the total number of subsequent orders approving or denying such physical searches; and

   Inserted: "(vi) new compliance incidents arising from physical searches under this Act.

   Inserted: "(C) Pen register and trap and trace devices.--The total number of--

   Inserted: "(i) applications made for orders approving the use of pen registers or trap and trace devices under this Act;

   Inserted: "(ii) such orders either granted, modified, or denied;

   Inserted: "(iii) proposed applications for orders for pen registers or trap and trace devices submitted pursuant to Rule 9(a) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule, that are not formally presented in the form of a final application under Rule 9(b) of the Rules of Procedure for the Foreign Intelligence Surveillance Court, or any successor rule;

   Inserted: "(iv) named United States person targets of pen registers or trap and trace devices;

   Inserted: "(v) emergency authorizations of the use of pen registers or trap and trace devices granted under this Act and the total number of subsequent orders approving or denying such use of pen registers or trap and trace devices; and

   Inserted: "(vi) new compliance incidents arising from the use of pen registers or trap and trace devices under this Act.

   Inserted: "(D) Compliance incidents.--A summary of each compliance incident reported under subparagraphs (A)(vi), (B)(vi), and (C)(vi).

   Inserted: "(E) Significant legal interpretations.--A summary of significant legal interpretations of this Act involving matters before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, including interpretations presented in applications or pleadings filed with the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review.

   Inserted: "(b) Submissions of Significant Decisions, Orders, and Opinions.--The Attorney General shall submit to the appropriate committees of Congress a copy of any decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that includes a significant construction or interpretation of any provision of this Act, and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion, not later than 45 days after such decision, order, or opinion is issued.

   Inserted: "(c) Protection of National Security.--The Director of National Intelligence, in consultation with the Attorney General, may authorize redactions of materials described in subsection (b) that are provided to the appropriate committees of Congress if such redactions are necessary to protect properly classified information.

   Inserted: "(d) Availability to Members of Congress.--Consistent with the rules and practices of the Senate and the House of Representatives, each report submitted pursuant to subsection (a)(2) and each submission made pursuant to subsection (b) shall be made available to every member of Congress, subject to appropriate procedures for the storage and handling of classified information.

   Inserted: "(e) Public Report.--

   Inserted: "(1) In general.--Subject to paragraph (2), the Attorney General, in consultation with the Director of National Intelligence, shall make available to the public an unclassified annual summary of the reports submitted under subsection (a) that, to the maximum extent practicable consistent with the protection of classified information, includes the information contained in the report submitted pursuant to subsection (a)(2).

   Inserted: "(2) Minimum requirements.--In each report made available to the public under paragraph (1), the Attorney General shall include, at a minimum, the information required under subparagraphs (A), (B), and (C) of subsection (a)(2), which may be presented as annual totals.

   Inserted: "(f) Construction.--Nothing in this title may be construed to limit the authority and responsibility of an appropriate committee of Congress to obtain any information required by such committee to carry out its functions and duties.

   "(g) Definitions.--In this section:

   Struck: "(1) Contents.--The term 'contents' has the meaning given that term under section 2510 of title 18, United States Code.

   Struck: "(2) Electronic communication.--The term 'electronic communication' has the meaning given that term under section 2510 of title 18, United States Code.

   Struck: "(3) Individual whose communications were collected.--The term 'individual whose communications were collected' means any individual--

   Struck: "(A) who was a party to an electronic communication or a wire communication the contents or noncontents of which was collected; or

   Show 82 more struck paragraphsShow less

   Struck: "(B)(i) who was a subscriber or customer of an electronic communication service or remote computing service; and

   Struck: "(ii) whose records, as described in subparagraph (A), (B), (D), (E), or (F) of section 2703(c)(2) of title 18, United States Code, were collected.

   Struck: "(4) National security letter.--The term 'national security letter' means a request for a report, records, or other information under--

   Struck: "(A) section 2709 of title 18, United States Code;

   Struck: "(B) section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));

   Struck: "(C) subsection (a) or (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)); or

   Struck: "(D) section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)).

   Struck: "(5) United states person.--The term 'United States person' means a citizen of the United States or an alien lawfully admitted for permanent residence (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))).

   Struck: "(6) Wire communication.--The term 'wire communication' has the meaning given that term under section 2510 of title 18, United States Code.".

   Struck: (b) Table of Contents Amendment.--The table of contents, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by section 402 of this Act, the following new item:

   Struck: "Sec. 603. Annual reports.".

   Struck: (c) Public Reporting on National Security Letters.--Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended--

   Struck: (1) in paragraph (1)--

   Struck: (A) in the matter preceding subparagraph (A), by striking "concerning different United States persons"; and

   Struck: (B) in subparagraph (A), by striking ", excluding the number of requests for subscriber information";

   Struck: (2) by redesignating paragraph (2) as paragraph (3); and

   Struck: (3) by inserting after paragraph (1) the following:

   Struck: "(2) Content.--

   Struck: "(A) In general.--Except as provided in subparagraph (B), each report required under this subsection shall include a good faith estimate of the total number of requests described in paragraph (1) requiring disclosure of information concerning--

   Struck: "(i) United States persons; and

   Struck: "(ii) persons who are not United States persons.

   Struck: "(B) Exception.--With respect to the number of requests for subscriber information under section 2709 of title 18, United States Code, a report required under this subsection need not separate the number of requests into each of the categories described in subparagraph (A).".

   Struck: (d) Stored Communications.--Section 2702(d) of title 18, United States Code, is amended--

   Struck: (1) in paragraph (1), by striking "; and" and inserting a semicolon;

   Struck: (2) in paragraph (2)(B), by striking the period and inserting "; and"; and

   Struck: (3) by adding at the end the following new paragraph:

   Struck: "(3) the number of accounts from which the Department of Justice has received voluntary disclosures under subsection (c)(4).".

   Struck: SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS.

   Struck: (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by sections 402 and 602 of this Act, is further amended by adding at the end the following new section:

   Struck: "SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.

   Struck: "(a) Reporting.--A person subject to a nondisclosure requirement accompanying an order or directive under this Act or a national security letter may, with respect to such order, directive, or national security letter, publicly report the following information using 1 of the following structures:

   Struck: "(1) A semiannual report that aggregates the number of orders or national security letters with which the person was required to comply in the following separate categories:

   Struck: "(A) The number of national security letters received, reported in bands of 1000 starting with 0- 999.

   Struck: "(B) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999.

   Struck: "(C) The number of orders under this Act for contents, reported in bands of 1000 starting with 0- 999.

   Struck: "(D) With respect to contents orders under this Act, in bands of 1000 starting with 0-999, the number of customer selectors targeted under such orders.

   Struck: "(E) The number of orders under this Act for noncontents, reported in bands of 1000 starting with 0- 999.

   Struck: "(F) With respect to noncontents orders under this Act, in bands of 1000 starting with 0-999, the number of customer selectors targeted under orders under--

   Struck: "(i) title IV;

   Struck: "(ii) title V with respect to applications described in section 501(b)(2)(B); and

   Struck: "(iii) title V with respect to applications described in section 501(b)(2)(C).

   Struck: "(2) A semiannual report that aggregates the number of orders, directives, or national security letters with which the person was required to comply in the following separate categories:

   Struck: "(A) The total number of all national security process received, including all national security letters and orders or directives under this Act, combined, reported in bands of 0-249 and thereafter in bands of 250.

   Struck: "(B) The total number of customer selectors targeted under all national security process received, including all national security letters and orders or directives under this Act, combined, reported in bands of 0-249 and thereafter in bands of 250.

   Struck: "(3) A semiannual report that aggregates the number of orders or national security letters with which the person was required to comply in the following separate categories:

   Struck: "(A) The number of national security letters received, reported in bands of 500 starting with 0-499.

   Struck: "(B) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499.

   Struck: "(C) The number of orders under this Act for contents, reported in bands of 500 starting with 0-499.

   Struck: "(D) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499.

   Struck: "(E) The number of orders under this Act for noncontents, reported in bands of 500 starting with 0- 499.

   Struck: "(F) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499.

   Struck: "(4) An annual report that aggregates the number of orders, directives, and national security letters the person was required to comply with in the following separate categories:

   Struck: "(A) The total number of all national security process received, including all national security letters and orders or directives under this Act, combined, reported in bands of 0-100 and thereafter in bands of 100.

   Struck: "(B) The total number of customer selectors targeted under all national security process received, including all national security letters and orders or directives under this Act, combined, reported in bands of 0-100 and thereafter in bands of 100.

   Struck: "(b) Period of Time Covered by Reports.--

   Struck: "(1) A report described in paragraph (1) or (3) of subsection (a)--

   Struck: "(A) may be published every 180 days;

   Struck: "(B) subject to subparagraph (C), shall include--

   Struck: "(i) with respect to information relating to national security letters, information relating to the previous 180 days; and

   Struck: "(ii) with respect to information relating to authorities under this Act, except as provided in subparagraph (C), information relating to the time period--

   Struck: "(I) ending on the date that is not less than 180 days before the date on which the information is publicly reported; and

   Struck: "(II) beginning on the date that is 180 days before the date described in subclause (I); and

   Struck: "(C) for a person that has received an order or directive under this Act with respect to a platform, product, or service for which a person did not previously receive such an order or directive (not including an enhancement to or iteration of an existing publicly available platform, product, or service)--

   Struck: "(i) shall not include any information relating to such new order or directive until 540 days after the date on which such new order or directive is received; and

   Struck: "(ii) for a report published on or after the date on which the 540-day waiting period expires, shall include information relating to such new order or directive reported pursuant to subparagraph (B)(ii).

   Struck: "(2) A report described in paragraph (2) of subsection (a) may be published every 180 days and shall include information relating to the previous 180 days.

   Struck: "(3) A report described in paragraph (4) of subsection (a) may be published annually and shall include information relating to the time period--

   Struck: "(A) ending on the date that is not less than 1 year before the date on which the information is publicly reported; and

   Struck: "(B) beginning on the date that is 1 year before the date described in subparagraph (A).

   Struck: "(c) Other Forms of Agreed to Publication.--Nothing in this section prohibits the Government and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section.

   Struck: "(d) Definitions.--In this section:

   Struck: "(1) Contents.--The term 'contents' has the meaning given that term under section 2510 of title 18, United States Code.

   Struck: "(2) National security letter.--The term 'national security letter' has the meaning given that term under section 603.".

   Struck: (b) Table of Contents Amendment.--The table of contents, as amended by sections 402 and 602 of this Act, is further amended by inserting after the item relating to section 603, as added by section 602 of this Act, the following new item:

   Struck: "Sec. 604. Public reporting by persons subject to orders.".

   Struck: SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND OPINIONS OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT AND THE FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.

   Struck: Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read as follows:

   Struck: "(1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion, including any denial or modification of an application under this Act, that includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this Act or a novel application of any provision of this Act, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and".

   Struck: SEC. 605. SUBMISSION OF REPORTS UNDER FISA.

   Struck: (a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by striking "the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate," and inserting "the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate".

   Struck: (b) Physical Searches.--The matter preceding paragraph (1) of section 306 (50 U.S.C. 1826) is amended--

   Struck: (1) in the first sentence, by striking "Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate," and inserting "Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate"; and

   Inserted: "(1) Appropriate committees of congress.--The term 'appropriate committees of Congress' means--

   [inserted: "]([struck: 2][inserted: A]) [struck: in ]the [struck: second sentence, by striking "][inserted: Select Committee on Intelligence ]and the Committee on the Judiciary of the [struck: House of Representatives".][inserted: Senate; and]

   Struck: (c) Pen Registers and Trap and Trace Devices.--Section 406(b) (50 U.S.C. 1846(b)) is amended--

   Struck: (1) in paragraph (2), by striking "; and" and inserting a semicolon;

   Struck: (2) in paragraph (3), by striking the period and inserting a semicolon; and

   Struck: (3) by adding at the end the following new paragraphs:

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   Struck: "(4) each department or agency on behalf of which the Attorney General or a designated attorney for the Government has made an application for an order authorizing or approving the installation and use of a pen register or trap and trace device under this title; and

   Struck: "(5) for each department or agency described in paragraph (4), each number described in paragraphs (1), (2), and (3).".

   Struck: (d) Access to Certain Business Records and Other Tangible Things.-- Section 502(a) (50 U.S.C. 1862(a)) is amended by striking "Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate" and inserting "Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate".

   Struck: TITLE VII--SUNSETS

   Struck: SEC. 701. SUNSETS.

   Struck: (a) USA PATRIOT Improvement and Reauthorization Act of 2005.-- Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking "June 1, 2015" and inserting "December 31, 2017".

   Struck: (b) Intelligence Reform and Terrorism Prevention Act of 2004.-- Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by striking "June 1, 2015" and inserting "December 31, 2017".

   Inserted: "(B) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.

   Inserted: "(2) Electronic surveillance.--The term 'electronic surveillance' has the meaning given that term in section 101 of this Act.

   Inserted: "(3) Foreign intelligence surveillance court.--The term 'Foreign Intelligence Surveillance Court' means the court established under section 103(a) of this Act.

   Inserted: "(4) Foreign intelligence surveillance court of review.--The term 'Foreign Intelligence Surveillance Court of Review' means the court established under section 103(b) of this Act.

   Inserted: "(5) Pen register.--The term 'pen register' has the meaning given that term in section 401 of this Act.

   Inserted: "(6) Physical search.--The term 'physical search' has the meaning given that term in section 301 of this Act.

   Inserted: "(7) Trap and trace device.--The term 'trap and trace device' has the meaning given that term in section 401 of this Act.

   Inserted: "(8) United states person.--The term 'United States person' has the meaning given that term in section 101 of this Act.".

   Inserted: (c) Availability or Reports and Submissions.--

   Inserted: (1) In general.--Title VI of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended by adding after section 601 the following:

   Inserted: "SEC. 602. AVAILABILITY OF REPORTS AND SUBMISSIONS.

   Inserted: "(a) Availability to Members of Congress.--Consistent with the rules and practices of the Senate and the House of Representatives, each submission to Congress made pursuant to section 502(b), 702(l)(1), or 707 shall be made available, to every member of Congress, subject to appropriate procedures for the storage and handling of classified information.

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   Inserted: "(b) Public Report.--The Attorney General or the Director of National Intelligence, as appropriate, shall make available to the public unclassified reports that, to the maximum extent practicable consistent with the protection of classified information, include the information contained in each submission to Congress made pursuant to section 502(b), 702(l)(1), or 707.".

   Inserted: (2) Table of contents amendment.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by inserting after the item relating to section 601 the following:

   Inserted: "Sec. 602. Availability of reports and submissions.".

   Inserted: SEC. 6. RESTRICTIONS ON QUERYING THE CONTENTS OF CERTAIN COMMUNICATIONS.

   Inserted: Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended by adding at the end the following:

   Inserted: "(m) Queries.--

   Inserted: "(1) Limitation on query terms that identify a united states person.--A query of the contents of communications acquired under this section with a selector known to be used by a United States person may be conducted by personnel of elements of the Intelligence Community only if the purpose of the query is to obtain foreign intelligence information or information necessary to understand foreign intelligence information or to assess its importance.

   Inserted: "(2) Record.--

   Inserted: "(A) In general.--For any query performed pursuant to paragraph (1) a record shall be retained of the identity of the Government personnel who performed the query, the date and time of the query, and the information indicating that the purpose of the query was to obtain foreign intelligence information or information necessary to understand foreign intelligence information or to assess its importance.

   Inserted: "(B) Availability.--Each record prepared pursuant to subparagraph (A) shall be made available to the Department of Justice, the Office of the Director of National Intelligence, appropriate Inspectors General, the Foreign Intelligence Surveillance Court, and the appropriate committees of Congress.

   Inserted: "(3) Construction.--Nothing in this subsection may be construed--

   Inserted: "(A) to prohibit access to data collected under this section as may be necessary for technical assurance, data management or compliance purposes, or for the purpose of narrowing the results of queries, in which case no information produced pursuant to the order may be accessed, used, or disclosed other than for such purposes;

   Inserted: "(B) to limit the authority of a law enforcement agency to conduct a query for law enforcement purposes of the contents of communications acquired under this section; or

   Inserted: "(C) to limit the authority of an agency to conduct a query for the purpose of preventing a threat to life or serious bodily harm to any person.

   Inserted: "(4) Definitions.--In this subsection:

   Inserted: "(A) Appropriate committees of congress.--The term 'appropriate committees of Congress' means--

   Inserted: "(i) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and

   Inserted: "(ii) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives.".

   Inserted: "(B) Content.--The term 'content', with respect to a communication--

   Inserted: "(i) means any information concerning the substance, purport, or meaning of that communication; and

   Inserted: "(ii) does not include any dialing, routing, addressing, or signaling information.

   Inserted: "(C) Selector.--The term 'selector' means an identifier, such as a phone number or electronic account identifier, that is associated with a particular communicant or facility.".

   Inserted: SEC. 7. TEMPORARY TARGETING OF PERSONS OTHER THAN UNITED STATES PERSONS TRAVELING INTO THE UNITED STATES.

   Inserted: (a) In General.--Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended--

   Inserted: (1) by redesignating subsections (f), (g), (h), and (i) as subsections (g), (h), (i), and (j), respectively; and

   Inserted: (2) by inserting after subsection (e) the following:

   Inserted: "(f)(1) Notwithstanding any other provision of this Act, acquisition of foreign intelligence information by targeting a non-United States person reasonably believed to be located outside the United States that was lawfully initiated by an element of the intelligence community may continue for a transitional period not to exceed 72 hours from the time when it is recognized that the non-United States person is reasonably believed to be located inside the United States and that the acquisition is subject to this title or title III of this Act, provided that the head of the element determines that there exists an exigent circumstance and--

   Inserted: "(A) there is reason to believe that the target of the acquisition has communicated or received or will communicate or receive foreign intelligence information relevant to the exigent circumstance; and

   Inserted: "(B) it is determined that a request for emergency authorization from the Attorney General in accordance with the terms of this Act is impracticable in light of the exigent circumstance.

   Inserted: "(2) The Director of National Intelligence or the head of an element of the intelligence community shall promptly notify the Attorney General of the decision to exercise the authority under this section and shall request emergency authorization from the Attorney General pursuant to this Act as soon as practicable, to the extent such request is warranted by the facts and circumstances.

   Inserted: "(3) Subject to subparagraph (4), the authority under this section to continue acquisition of foreign intelligence information is limited to 72 hours. However, if the Attorney General authorizes an emergency acquisition pursuant to this Act, then acquisition of foreign intelligence information may continue for the period of time that the Attorney General's emergency authorization or any subsequent court order authorizing the acquisition remains in effect.

   Inserted: "(4) The authority to acquire foreign intelligence information under this subsection shall terminate upon any of the following, whichever occurs first--

   Inserted: "(A) 72 hours have elapsed since the commencement of the transitional period;

   Inserted: "(B) the Attorney General has directed that the acquisition be terminated; or

   Inserted: "(C) the exigent circumstance is no longer reasonably believed to exist.

   Inserted: "(5) If the Attorney General authorizes an emergency authorization during the transitional period, the acquisition of foreign intelligence shall continue during any transition to, and consistent with, the Attorney General emergency authorization or court order.

   Inserted: "(6) Any information of or concerning unconsenting United States persons acquired during the transitional period may only be disseminated during the transitional period if necessary to investigate, prevent, reduce, or eliminate the exigent circumstance or if it indicates a threat of death or serious bodily harm to any person.

   Inserted: "(7) In the event that during the transition period a request for an emergency authorization from the Attorney General pursuant to this Act for continued acquisition of foreign intelligence is not approved or an order from a court is not obtained to continue the acquisition, information obtained during the transitional period shall not be retained, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

   Inserted: "(8) The Attorney General shall assess compliance with the requirements of paragraph (7).".

   Inserted: (b) Notification of Emergency Employment of Electronic Surveillance.--Section 106(j) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(j)) is amended by striking "section 105(e)" and inserting "subsection (e) or (f) of section 105".

   Inserted: SEC. 8. ANNUAL REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

   Inserted: (a) In General.--Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 503. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

   Inserted: "(a) Annual Reports Required.--The Director of National Intelligence shall annually submit to the congressional intelligence committees a report on violations of law or executive order relating to intelligence activities by personnel of an element of the intelligence community that were identified during the previous calendar year.

   Inserted: "(b) Elements.--Each report submitted under subsection (a) shall, consistent with the need to preserve ongoing criminal investigations, include a description of, and any action taken in response to, any violation of law or executive order (including Executive Order No. 12333 (50 U.S.C. 3001 note)) relating to intelligence activities committed by personnel of an element of the intelligence community in the course of the employment of such personnel that, during the previous calendar year, was--

   Inserted: "(1) determined by the director, head, or general counsel of any element of the intelligence community to have occurred;

   Inserted: "(2) referred to the Department of Justice for possible criminal prosecution; or

   Inserted: "(3) substantiated by the inspector general of any element of the intelligence community.".

   Inserted: (b) Initial Report.--The first report required under section 503 of the National Security Act of 1947, as added by subsection (a), shall be submitted not later than one year after the date of the enactment of this Act.

   Inserted: (c) Guidelines.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the head of each element of the intelligence community, shall--

   Inserted: (1) issue guidelines to carry out section 503 of the National Security Act of 1947, as added by subsection (a); and

   Inserted: (2) submit such guidelines to the congressional intelligence committees.

   Inserted: (d) Table of Contents Amendment.--The table of sections in the first section of the National Security Act of 1947 is amended by adding after the item relating to section 502 the following new item:

   Inserted: "Sec. 503. Annual report on violations of law or executive order.".

   Inserted: (e) Rule of Construction.--Nothing in this section or the amendments made by this section shall be construed to alter any requirement existing on the date of the enactment of this Act to submit a report under any provision of law.

   Inserted: SEC. 9. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY PROCEDURES FOR THE ACQUISITION, RETENTION, AND DISSEMINATION OF INTELLIGENCE.

   Inserted: (a) In General.--Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), as amended by section 8, is further amended by adding at the end the following:

   Inserted: "SEC. 504. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY PROCEDURES FOR THE ACQUISITION, RETENTION, AND DISSEMINATION OF INTELLIGENCE.

   Inserted: "(a) Head of an Element of the Intelligence Community Defined.--In this section, the term 'head of an element of the intelligence community' means, as appropriate--

   Inserted: "(1) the head of an element of the intelligence community; or

   Inserted: "(2) the head of the department or agency containing such element.

   Inserted: "(b) Review of Procedures Approved by the Attorney General.--

   Inserted: "(1) Requirement for immediate review.--Each head of an element of the intelligence community that has not obtained the approval of the Attorney General for the procedures, in their entirety, 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 Improvements Act of 2014, shall initiate, not later than 180 days after such date of enactment, a review of the procedures for such element, in accordance with paragraph (3).

   Inserted: "(2) Requirement for review.--Not 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 section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or any successor order, in accordance with paragraph (3).

   Inserted: "(3) Requirements for reviews.--In coordination with the Director of National Intelligence and the Attorney General, the head of an element of the intelligence community required to perform a review under paragraphs (1) or (2) shall--

   Inserted: "(A) review existing procedures for such element that are required by section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or any successor order, to assess whether--

   Inserted: "(i) advances in communications or other technologies since the time the procedures were most recently approved by the Attorney General have affected the privacy protections that the procedures afford to United States persons, to include the protections afforded to United States persons whose nonpublic communications are incidentally acquired by an element of the intelligence community; or

   Inserted: "(ii) aspects of the existing procedures impair the acquisition, retention, or dissemination of timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers, organization, and persons, and their agents; and

   Inserted: "(B) propose any modifications to existing procedures for such element in order to--

   Inserted: "(i) clarify the guidance such procedures afford to officials responsible for the acquisition, retention, and dissemination of intelligence;

   Inserted: "(ii) eliminate unnecessary impediments to the acquisition, retention, and dissemination of intelligence; or

   Inserted: "(iii) ensure appropriate protections for the privacy of United States persons and persons located inside the United States.

   Inserted: "(4) Notice.--The Director of National Intelligence and the Attorney General shall notify the congressional intelligence committees following the completion of each review required under this section.

   Inserted: "(5) Requirement to provide procedures.--Upon the implementation of any modifications to procedures required by section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or any successor order, the head of the element of the intelligence community to which the modified procedures apply shall promptly provide a copy of the modified procedures to the congressional intelligence committees.".

   Inserted: (b) Clerical Amendment.--The table of sections in the first section of the National Security Act of 1947, as amended by section 8, is further amended by adding after the section relating to section 503 the following:

   Inserted: "Sec. 504. Periodic review of intelligence community procedures for the acquisition, retention, and dissemination of intelligence.".

   Inserted: SEC. 10. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD ENHANCEMENTS RELATING TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Appropriate official.--The term "appropriate official" means the appropriate official of an agency or department of the United States who is responsible for preparing or submitting a covered application.

   Inserted: (2) Board.--The term "Board" means the Privacy and Civil Liberties Oversight Board established in section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee).

   Inserted: (3) Covered application.--The term "covered application" means a submission to a FISA Court--

   Inserted: (A) that--

   Inserted: (i) presents a novel or significant interpretation of the law; and

   Inserted: (ii) relates to efforts to protect the United States from terrorism; and

   Inserted: (B) that is--

   Inserted: (i) a final application for an order under title I, III, IV, or V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) or section 703 or 704 of that Act (50 U.S.C. 1881b and 1881c);

   Inserted: (ii) a review of a certification or procedure under section 702 of that Act (50 U.S.C. 1881a); or

   Inserted: (iii) a notice of non-compliance with such an order, certification, or procedures.

   Inserted: (4) FISA court.--The term "FISA Court" means a court established under subsection (a) or (b) of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803).

   Inserted: (b) Notice of Submissions and Orders.--

   Inserted: (1) Submission to fisa court.--Notwithstanding any provision of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), if a covered application is filed with a FISA Court, the appropriate official shall provide such covered application to the Board not later than the date of such filing, provided the provision of such covered application does not delay any filing with a FISA Court.

   Inserted: (2) FISA court orders.--Notwithstanding any provision of section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803), the appropriate official shall provide to the Board each order of a FISA Court related to a covered application.

   Inserted: (c) Discretionary Assessment of the Board.--

   Inserted: (1) Notice of decision to conduct assessment.--Upon receipt of a covered application under subsection (b)(1), the Board shall--

   Inserted: (A) elect whether to conduct the assessment described in paragraph (3); and

   Inserted: (B) submit to the appropriate official a notice of the Board's election under subparagraph (A).

   Inserted: (2) Timely submission.--The Board shall in a timely manner prepare and submit to the appropriate official--

   Inserted: (A) the notice described in paragraph (1)(B); and

   Inserted: (B) the associated assessment, if the Board elects to conduct such an assessment.

   Inserted: (3) Content.--An assessment of a covered application prepared by the Board shall address whether the covered application is balanced with the need to protect privacy and civil liberties, including adequate supervision and guidelines to ensure protection of privacy and civil liberties.

   Inserted: (d) Annual Review.--The Board shall conduct an annual review of the activities of the National Security Agency related to information collection under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

   Inserted: (e) Provision of Communications Services and Office Space to Certain Members of Privacy and Civil Liberties Oversight Board.--Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended by adding at the end the following:

   Inserted: "(5) Provision of communications services and office space.--The Director of National Intelligence shall provide to each member of the Board who resides more than 100 miles from the District of Columbia such communications services and office space as may be necessary for the member to access and use classified information. Such services and office space shall be located at an existing secure government or contractor facility located within the vicinity of such member's place of residence.".

   Inserted: SEC. 11. EXTENSION OF SUNSETS OF PROVISIONS RELATING TO ACCESS TO BUSINESS RECORDS, INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS, AND ROVING WIRETAPS.

   Inserted: (a) USA PATRIOT Improvement and Reauthorization Act of 2005.--Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking "June 1, 2015," and inserting "December 31, 2017,".

   Inserted: (b) Intelligence Reform and Terrorism Prevention Act of 2004.--Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742; 50 U.S.C. 1801 note) is amended by striking "June 1, 2015." and inserting "December 31, 2017.".

   Original wording

   Strike all after the enacting clause and insert the following:

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As printed