S.Amdt. 1460

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

   Replaces the full textEverything after the enacting clause

   In H.R. 2048 · Placed on Calendar Senate

   SECTION 1. SHORT TITLE; 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 2015" or the "USA FREEDOM Act of 2015".

   Inserted: (a) Short Title.--This Act may be cited as the "Intelligence Oversight and Surveillance Reform Act".

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

   Sec. 1. Short title; table of contents.

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

   Struck: TITLE I--FISA BUSINESS RECORDS REFORMS

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

   Struck: Sec. 102. Emergency authority.

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   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.

   Inserted: TITLE I--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS

   Inserted: Sec. 101. End of government bulk collection of business records.

   Inserted: Sec. 102. Emergency authority for access to call data records.

   Inserted: Sec. 103. Challenges to government surveillance.

   Inserted: TITLE II--PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES

   Inserted: Sec. 201. Privacy protections for pen registers and trap and trace devices.

   Inserted: TITLE III--PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED STATES OTHER THAN UNITED STATES PERSONS

   Inserted: Sec. 301. Clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications of United States persons.

   Inserted: Sec. 302. Protection against collection of wholly domestic communications not concerning terrorism under FISA Amendments Act.

   Inserted: Sec. 303. Prohibition on reverse targeting under FISA Amendments Act.

   Inserted: Sec. 304. Limits on use of unlawfully obtained information under FISA Amendments Act.

   Inserted: Sec. 305. Challenges to Government surveillance.

   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.

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   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--ENHANCED NATIONAL SECURITY PROVISIONS

   Struck: Sec. 701. Emergencies involving non-United States persons.

   Struck: Sec. 702. Preservation of treatment of non-United States persons traveling outside the United States as agents of foreign powers.

   Struck: Sec. 703. Improvement to investigations of international proliferation of weapons of mass destruction.

   Struck: Sec. 704. Increase in penalties for material support of foreign terrorist organizations.

   Struck: Sec. 705. Sunsets.

   Struck: TITLE VIII--SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION

   Struck: Subtitle A--Safety of Maritime Navigation

   Struck: Sec. 801. Amendment to section 2280 of title 18, United States Code.

   Struck: Sec. 802. New section 2280a of title 18, United States Code.

   Struck: Sec. 803. Amendments to section 2281 of title 18, United States Code.

   Struck: Sec. 804. New section 2281a of title 18, United States Code.

   Struck: Sec. 805. Ancillary measure.

   Struck: Subtitle B--Prevention of Nuclear Terrorism

   Struck: Sec. 811. New section 2332i of title 18, United States Code.

   Struck: Sec. 812. Amendment to section 831 of title 18, United States Code.

   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 an ongoing 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 a first set of call detail records using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii);

   Struck: "(iv) provide that the Government may require the prompt production of a second set of call detail records using session- identifying information or a telephone calling card number identified by the specific selection term used to produce call detail records under clause (iii);

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

   Struck: "(vi) 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: "(vii) 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 requires 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: 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) Rule of construction.--Section 501(g) (50 U.S.C. 1861(g)) is amended by adding at the end the following new paragraph:

   Struck: "(3) Rule of construction.--Nothing in this subsection shall limit the authority of the court established under section 103(a) to impose additional, particularized minimization procedures with regard to the production, retention, or dissemination of nonpublicly available information concerning unconsenting United States persons, including additional, particularized procedures related to the destruction of information within a reasonable time period.".

   Struck: (3) 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 2015.

   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 2015.".

   [struck: SEC][inserted: Sec]. [struck: 107][inserted: 401]. [struck: DEFINITIONS][inserted: 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) In general.--The terms 'foreign power', 'agent of a foreign power', 'international terrorism', 'foreign intelligence information', 'Attorney General', 'United States person', 'United States', 'person', and 'State' have the meanings provided those terms in section 101.

   Struck: "(2) Address.--The term 'address' means a physical address or electronic address, such as an electronic mail address or temporarily assigned network address (including an Internet protocol address).

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   Struck: "(3) 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 or global positioning system information.

   Struck: "(4) Specific selection term.--

   Struck: "(A) Tangible things.--

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

   Struck: "(I) is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and

   Struck: "(II) is used to limit, to the greatest extent reasonably practicable, the scope of tangible things sought consistent with the purpose for seeking the tangible things.

   Struck: "(ii) Limitation.--A specific selection term under clause (i) does not include an identifier that does not limit, to the greatest extent reasonably practicable, the scope of tangible things sought consistent with the purpose for seeking the tangible things, such as an identifier that--

   Struck: "(I) identifies 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 for the production; or

   Struck: "(II) identifies a broad geographic region, including the United States, a city, a county, a State, a zip code, or an area code, when not used as part of a specific identifier as described in clause (i).

   Struck: "(iii) Rule of construction.--Nothing in this paragraph shall be construed to preclude the use of multiple terms or identifiers to meet the requirements of clause (i).

   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 1 year after the date of enactment of the USA FREEDOM Act of 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)--

   Inserted: Sec. 402. Office of the Constitutional Advocate.

   Inserted: Sec. 403. Advocacy before the FISA Court.

   Inserted: Sec. 404. Advocacy before the petition review pool.

   Inserted: Sec. 405. Appellate review.

   Inserted: Sec. 406. Disclosure.

   Inserted: Sec. 407. Annual report to Congress.

   Inserted: Sec. 408. Preservation of rights.

   Inserted: TITLE V--NATIONAL SECURITY LETTER REFORMS

   Inserted: Sec. 501. National security letter authority.

   Inserted: Sec. 502. Public reporting on National Security Letters.

   Inserted: TITLE VI--REPORTING FISA ORDERS AND NATIONAL SECURITY LETTERS

   Inserted: Sec. 601. Third-party reporting of FISA orders and National Security Letters.

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   Inserted: Sec. 602. Government reporting of FISA orders.

   Inserted: TITLE VII--OTHER MATTERS

   Inserted: Sec. 701. Privacy and Civil Liberties Oversight Board subpoena authority.

   Inserted: Sec. 702. Scope of liability protection for providing assistance to the Government.

   Inserted: TITLE I--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS

   Inserted: SEC. 101. END OF GOVERNMENT BULK COLLECTION OF BUSINESS RECORDS.

   Inserted: (a) Privacy Protections for Section 215 Business Records Orders.--

   Inserted: (1) In general.--Section 501(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(b)) is amended--

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

   Inserted: (B) in paragraph (2), by striking subparagraphs (A) and (B) and inserting the following:

   Inserted: "(A) a statement of facts showing that there are reasonable grounds to believe that the records or other things sought--

   Inserted: "(i) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and

   Inserted: "(ii) pertain to--

   Inserted: "(I) a foreign power or an agent of a foreign power;

   Inserted: "(II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

   Inserted: "(III) an individual in contact with, or known to, a suspected agent of a foreign power; and

   Inserted: "(B) a statement of proposed minimization procedures; and"; and

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

   Inserted: "(3) if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include--

   Inserted: "(A) a statement of specific and articulable facts providing reason to believe that disclosure of particular information about the existence or contents of the order requiring the production of tangible things under this section during the applicable time period will result in--

   Inserted: "(i) endangering the life or physical safety of any person;

   Inserted: "(ii) flight from prosecution;

   Inserted: "(iii) destruction of or tampering with evidence;

   Inserted: "(iv) intimidation of potential witnesses;

   Inserted: "(v) interference with diplomatic relations; or

   Inserted: "(vi) otherwise seriously endangering the national security of the United States by alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target;

   Inserted: "(B) an explanation of how the harm identified under subparagraph (A) is related to the authorized investigation to which the tangible things sought are relevant;

   Inserted: "(C) an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (A); and

   Inserted: "(D) the time period during which the Government believes the nondisclosure requirement should apply.".

   Inserted: (2) Order.--Section 501(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--

   (A) in paragraph (1)--

   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)--

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   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), by striking the period at the end 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 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) is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and

   Struck: "(ii) is used to limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device.

   Struck: "(B) A specific selection term under subparagraph (A) does not include an identifier that does not limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device, such as an identifier that--

   Struck: "(i) identifies 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 subparagraph (A), unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the use; or

   Struck: "(ii) identifies a broad geographic region, including the United States, a city, a county, a State, a zip code, or an area code, when not used as part of a specific identifier as described in subparagraph (A).

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

   Struck: "(D) Nothing in this paragraph shall be construed to preclude the use of multiple terms or identifiers to meet the requirements of subparagraph (A).".

   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 limits 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: (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 may approve 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 subsections:

   Struck: "(i) Amicus Curiae.--

   Struck: "(1) Designation.--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 designate not fewer than 5 individuals to be eligible to serve as amicus curiae, who shall serve pursuant to rules the presiding judges may establish. In designating such individuals, the presiding judges may consider individuals recommended by any source, including members of the Privacy and Civil Liberties Oversight Board, the judges determine appropriate.

   Struck: "(2) Authorization.--A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time--

   Struck: "(A) shall appoint an individual who has been designated under paragraph (1) to serve as amicus curiae to assist such court in the consideration of 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 finding that such appointment is not appropriate; and

   Struck: "(B) may appoint an individual or organization to serve as amicus curiae, including to provide technical expertise, in any instance as such court deems appropriate or, upon motion, permit an individual or organization leave to file an amicus curiae brief.

   Struck: "(3) Qualifications of amicus curiae.--

   Struck: "(A) Expertise.--Individuals designated under paragraph (1) shall be persons who possess expertise in privacy and civil liberties, intelligence collection, communications technology, or any other area that may lend legal or technical expertise to a court established under subsection (a) or (b).

   Struck: "(B) Security clearance.--Individuals designated pursuant to paragraph (1) shall be persons who are determined to be eligible for access to classified information necessary to participate in matters before the courts. Amicus curiae appointed by the court pursuant to paragraph (2) shall be persons who are determined to be eligible for access to classified information, if such access is necessary to participate in the matters in which they may be appointed.

   Struck: "(4) Duties.--If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2)(A), the amicus curiae shall provide to the court, as appropriate--

   Struck: "(A) legal arguments that advance the protection of individual privacy and civil liberties;

   Struck: "(B) information related to intelligence collection or communications technology; or

   Struck: "(C) legal arguments or information regarding any other area relevant to the issue presented to the court.

   Struck: "(5) Assistance.--An amicus curiae appointed under paragraph (2)(A) may request that the court designate or appoint additional amici curiae pursuant to paragraph (1) or paragraph (2), to be available to assist the amicus curiae.

   Struck: "(6) Access to information.--

   Struck: "(A) In general.--If a court established under subsection (a) or (b) appoints an amicus curiae under paragraph (2), the amicus curiae--

   Struck: "(i) shall have access to any legal precedent, application, certification, petition, motion, or such other materials that the court determines are relevant to the duties of the amicus curiae; and

   Struck: "(ii) may, if the court determines that it is relevant to the duties of the amicus curiae, consult with any other individuals designated pursuant to paragraph (1) regarding information relevant to any assigned proceeding.

   Struck: "(B) Briefings.--The Attorney General may periodically brief or provide relevant materials to individuals designated pursuant to paragraph (1) regarding constructions and interpretations of this Act and legal, technological, and other issues related to actions authorized by this Act.

   Struck: "(C) Classified information.--An amicus curiae designated or 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: "(D) Rule of construction.--Nothing in this section shall be construed to require the Government to provide information to an amicus curiae appointed by the court that is privileged from disclosure.

   Struck: "(7) Notification.--A presiding judge of a court established under subsection (a) or (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (2).

   Struck: "(8) Assistance.--A court established under subsection (a) or (b) may request and receive (including on a nonreimbursable basis) the assistance of the executive branch in the implementation of this subsection.

   Struck: "(9) Administration.--A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual designated to serve as amicus curiae under paragraph (1) or appointed to serve as amicus curiae under paragraph (2) in a manner that is not inconsistent with this subsection.

   Struck: "(10) Receipt of information.--Nothing in this subsection shall limit the ability of a court established under subsection (a) or (b) to request or receive information or materials from, or otherwise communicate with, the Government or amicus curiae appointed under paragraph (2) on an ex parte basis, nor limit any special or heightened obligation in any ex parte communication or proceeding.

   Struck: "(j) Review of FISA Court Decisions.--Following issuance of an order under this Act, a court established under subsection (a) shall certify for review to the court established under subsection (b) any question of law that may affect resolution of the matter in controversy 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 subsection, 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 purposes of section 1254(2) of title 28, United States Code, the court of review established under subsection (b) shall be considered to be a court of appeals.

   Struck: "(2) Amicus curiae briefing.--Upon certification of an application under paragraph (1), the Supreme Court of the United States may appoint an amicus curiae designated under subsection (i)(1), or any other person, to provide briefing or other assistance.".

   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 any provision 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 any provision of law, which shall include, to the extent consistent with national security, a description of the context in which the matter arises and any significant 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.

   Inserted: (i) by striking "subsections (a) and (b)," and inserting "subsection (a) and paragraphs (1) and (2) of subsection (b) and that the proposed minimization procedures meet the definition of minimization procedures under subsection (g),"; and

   Inserted: (ii) by striking the last sentence and inserting the following: "If the judge finds that the requirements of subsection (b)(3) have been met, such order shall include a nondisclosure requirement, which may apply for not longer than 1 year, unless the facts justify a longer period of nondisclosure, subject to the principles and procedures described in subsection (d)."; and

   Inserted: (B) in paragraph (2)--

   Inserted: (i) in subparagraph (C), by striking "(d);" and inserting "(d), if applicable;";

   Inserted: (ii) in subparagraph (D), by striking "and" at the end;

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

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

   Inserted: "(F) shall direct that the minimization procedures be followed.".

   Inserted: (3) Nondisclosure.--Section 501(d) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is amended to read as follows:

   Inserted: "(d) Nondisclosure.--

   Inserted: "(1) In general.--No person who receives an order under subsection (c) that contains a nondisclosure requirement shall disclose to any person the particular information specified in the nondisclosure requirement during the time period to which the requirement applies.

   "(2) Exception.--

   "(A) [struck: In general][inserted: Disclosure].--A [struck: wire or electronic communication service provider that ][inserted: person who ]receives [struck: a request][inserted: an order] under subsection ([struck: b][inserted: c])[struck: , or officer, employee, or agent thereof, ][inserted: that contains a nondisclosure requirement ]may disclose information otherwise subject to any applicable nondisclosure requirement to--

   "(i) those persons to whom disclosure is necessary in order to comply with [struck: the request][inserted: an order under this section];

   "(ii) an attorney in order to obtain legal advice or assistance regarding the [struck: request][inserted: order]; or

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

   "(B) Application.--A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom [struck: a request][inserted: an order] is [struck: issued][inserted: directed] under [struck: subsection (b)][inserted: this section] in the same manner as the person to whom the [struck: request][inserted: order] is [struck: issued][inserted: directed].

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

   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: (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:

   Show 3 more struck paragraphsShow less

   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][inserted: 3]) [struck: Certification][inserted: Extension].--The [struck: requirements of subparagraph (A) shall apply if the ]Director of the Federal Bureau of Investigation, or a designee of the Director [inserted: (]whose rank shall be no lower than [struck: Deputy ]Assistant [struck: Director at Bureau headquarters or a Special Agent in Charge ][inserted: Special Agent in Charge), may apply for renewals of the prohibition on disclosure ]of [struck: a Bureau field office, certifies that ][inserted: particular information about the existence or contents of an order requiring ]the [struck: absence][inserted: production] of [inserted: tangible things under this section for additional periods of not longer than 1 year, unless the facts justify ]a [struck: prohibition ][inserted: longer period ]of [struck: disclosure ][inserted: nondisclosure. A nondisclosure requirement shall be renewed if a court having jurisdiction ]under [struck: this subsection may result in--][inserted: paragraph (4) determines that the application meets the requirements of subsection (b)(3).]

   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.

   Show 185 more struck paragraphsShow less

   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: (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: (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: (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: (f) Termination Procedures.--

   Struck: (1) In general.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall adopt procedures with respect to nondisclosure requirements issued pursuant to section 2709 of title 18, United States Code, 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 (12 U.S.C. 3414), or section 802 of the National Security Act of 1947 (50 U.S.C. 3162), as amended by this Act, to require--

   Struck: (A) the review at appropriate intervals of such a nondisclosure requirement to assess whether the facts supporting nondisclosure continue to exist;

   Struck: (B) the termination of such a nondisclosure requirement if the facts no longer support nondisclosure; and

   Struck: (C) appropriate notice to the recipient of the national security letter, or officer, employee, or agent thereof, subject to the nondisclosure requirement, and the applicable court as appropriate, that the nondisclosure requirement has been terminated.

   Struck: (2) Reporting.--Upon adopting the procedures required under paragraph (1), the Attorney General shall submit the procedures to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

   Struck: (g) 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: (a) Reports Submitted to Committees.--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: (b) Reporting on Certain Types of Production.--Section 502(c)(1) (50 U.S.C. 1862(c)(1)) is amended--

   Struck: (1) in subparagraph (A), by striking "and";

   Struck: (2) in subparagraph (B), by striking the period at the end and inserting a semicolon; and

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

   Struck: "(C) the total number of applications made for orders approving requests for the production of tangible things under section 501 in which the specific selection term does not specifically identify an individual, account, or personal device;

   Struck: "(D) the total number of orders described in subparagraph (C) either granted, modified, or denied; and

   Struck: "(E) with respect to orders described in subparagraph (D) that have been granted or modified, whether the court established under section 103 has directed additional, particularized minimization procedures beyond those adopted pursuant to section 501(g).".

   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.--

   Struck: "(1) Report required.--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 that includes--

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

   Struck: "(B) the number of such orders granted under each of those sections;

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

   Struck: "(D) the number of applications or certifications denied under each of those sections;

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

   Struck: "(2) Publication.--The Director shall make the report required under paragraph (1) publicly available on an Internet Web site, except that the Director shall not make publicly available on an Internet Web site the findings described in subparagraph (F) of paragraph (1).

   Struck: "(b) Mandatory Reporting by Director of National Intelligence.-- Except as provided in subsection (d), 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: "(1) 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: "(2) the total number of orders issued pursuant to section 702 and a good faith estimate of--

   Struck: "(A) the number of search terms concerning a known United States person used to retrieve the unminimized contents of electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of search terms used to prevent the return of information concerning a United States person; and

   Struck: "(B) the number of queries concerning a known United States person of unminimized noncontents information relating to electronic communications or wire communications obtained through acquisitions authorized under such section, excluding the number of queries containing information used to prevent the return of information concerning a United States person;

   Struck: "(3) the total number of orders issued pursuant to title IV and a good faith estimate of--

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

   Struck: "(B) the number of unique identifiers used to communicate information collected pursuant to such orders;

   Struck: "(4) the total number of orders issued pursuant to applications made under section 501(b)(2)(B) and a good faith estimate of--

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

   Struck: "(B) the number of unique identifiers used to communicate information collected pursuant to such orders;

   Struck: "(5) the total number of orders issued pursuant to applications made under section 501(b)(2)(C) and a good faith estimate of--

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

   Struck: "(B) the number of unique identifiers used to communicate information collected pursuant to such orders; and

   Struck: "(C) 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: "(6) the total number of national security letters issued and the number of requests for information contained within such national security letters.

   Struck: "(c) Timing.--The annual reports required by subsections (a) and

   Struck: (b) shall be made publicly available during April of each year and include information relating to the previous calendar year.

   Struck: "(d) Exceptions.--

   Struck: "(1) Statement of numerical range.--If a good faith estimate required to be reported under subparagraph (B) of any of paragraphs (3), (4), or (5) of subsection (b) is fewer than 500, it shall be expressed as a numerical range of 'fewer than 500' and shall not be expressed as an individual number.

   Struck: "(2) Nonapplicability to certain information.--

   Struck: "(A) Federal bureau of investigation.--Paragraphs (2)(A), (2)(B), and (5)(C) of subsection (b) shall not apply to information or records held by, or queries conducted by, the Federal Bureau of Investigation.

   Struck: "(B) Electronic mail address and telephone numbers.--Paragraph (3)(B) of subsection (b) shall not apply to orders resulting in the acquisition of information by the Federal Bureau of Investigation that does not include electronic mail addresses or telephone numbers.

   Struck: "(3) Certification.--

   Struck: "(A) In general.--If the Director of National Intelligence concludes that a good faith estimate required to be reported under subsection (b)(2)(B) cannot be determined accurately because some but not all of the relevant elements of the intelligence community are able to provide such good faith estimate, the Director shall--

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

   Struck: "(ii) report the good faith estimate for those relevant elements able to provide such good faith estimate;

   Struck: "(iii) explain when it is reasonably anticipated that such an estimate will be able to be determined fully and accurately; and

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

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

   Struck: "(C) 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: "(e) 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) 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: "(4) 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: "(5) 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--

   Inserted: "(4) Jurisdiction.--An application for a renewal under this subsection shall be made to--

   Inserted: "(A) a judge of the court established under section 103(a); or

   Inserted: "(B) a United States Magistrate Judge under chapter 43 of title 28, United States Code, who is publicly designated by the Chief Justice of the United States to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of the court established under section 103(a).".

   Inserted: (4) Minimization.--Section 501(g) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is amended--

   Inserted: (A) in paragraph (1), by striking "Not later than" and all that follows and inserting "At or before the end of the period of time for the production of tangible things under an order approved under this section or at any time after the production of tangible things under an order approved under this section, a judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated."; and

   Inserted: (B) in paragraph (2)(A), by inserting "acquisition and" after "to minimize the".

   Inserted: (b) Judicial Review of Section 215 Orders.--Section 501(f)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--

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

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

   Inserted: (B) by striking the second sentence;

   Inserted: (2) by striking subparagraph (C) and inserting the following new subparagraph:

   Inserted: "(C) A judge considering a petition to modify or set aside a nondisclosure order shall grant such petition unless the court determines that--

   Show 355 more inserted paragraphsShow less

   Inserted: "(i) there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in--

   Inserted: "(I) endangering the life or physical safety of any person;

   Inserted: "(II) flight from prosecution;

   Inserted: "(III) destruction of or tampering with evidence;

   Inserted: "(IV) intimidation of potential witnesses;

   Inserted: "(V) interference with diplomatic relations; or

   Inserted: "(VI) otherwise seriously endangering the national security of the United States by alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target;

   Inserted: "(ii) the harm identified under clause (i) relates to the authorized investigation to which the tangible things sought are relevant; and

   Inserted: "(iii) the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause (i)."; and

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

   Inserted: "(E) If a judge denies a petition to modify or set aside a nondisclosure order under this paragraph, no person may file another petition to modify or set aside such nondisclosure order until the date that is one year after the date on which such judge issues the denial of such petition.".

   Inserted: SEC. 102. EMERGENCY AUTHORITY FOR ACCESS TO CALL DATA RECORDS.

   Inserted: (a) In General.--Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended by adding at the end the following:

   Inserted: "(e)(1) Notwithstanding any other provision of this subsection, the Attorney General may require the production of call data records by the provider of a wire or electronic communication service on an emergency basis if--

   Inserted: "(A) such records--

   Inserted: "(i) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with section 402 or 501, as appropriate, to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and

   Inserted: "(ii) pertain to--

   Inserted: "(I) a foreign power or an agent of a foreign power;

   Inserted: "(II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

   Inserted: "(III) an individual in contact with, or known to, a suspected agent of a foreign power;

   Inserted: "(B) the Attorney General reasonably determines--

   Inserted: "(i) an emergency requires the production of such records before an order requiring such production can with due diligence be obtained under section 402 or 501, as appropriate; and

   Inserted: "(ii) the factual basis for issuance of an order under section 402 or 501, as appropriate, to require the production of such records exists;

   Inserted: "(C) a judge referred to in section 402(b) or 501(b)(1), as appropriate, is informed by the Attorney General at the time of the required production of such records that the decision has been made to require such production on an emergency basis; and

   Inserted: "(D) an application in accordance with section 402 or 501, as appropriate, is made to such judge as soon as practicable, but not more than 7 days after the date on which the Attorney General requires the production of such records under this subsection.

   Inserted: "(2)(A) In the absence of an order issued under section 402 or 501, as appropriate, to approve the emergency required production of call data records under paragraph (1), the authority to require the production of such records shall terminate at the earlier of--

   Inserted: "(i) when the information sought is obtained;

   Inserted: "(ii) when the application for the order is denied under section 402 or 501, as appropriate; or

   Inserted: "(iii) 7 days after the time of the authorization by the Attorney General.

   Inserted: "(B) If an application for an order applied for under section 402 or 501, as appropriate, for the production of call data records required to be produced pursuant to paragraph (1) is denied, or in any other case where the emergency production of call data records under this section is terminated and no order under section 402 or 501, as appropriate, is issued approving the required production of such records, no information obtained or evidence derived from such records shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such records shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.".

   Inserted: (b) Termination of Section 501 References.--On the date that section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note) takes effect, subsection (e) of section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843), as added by paragraph (1), is amended--

   Inserted: (1) by striking "or section 501, as appropriate," each place that term appears;

   Inserted: (2) in paragraph (1)--

   Inserted: (A) in subparagraph (B), by striking "or 501, as appropriate;" and by inserting a semicolon; and

   Inserted: (B) in subparagraph (C), by striking "or 501(b)(1), as appropriate,"; and

   Inserted: (3) in paragraph (2)(A)(ii), by striking "or 501, as appropriate;" and by inserting a semicolon.

   Inserted: SEC. 103. CHALLENGES TO GOVERNMENT SURVEILLANCE.

   Inserted: (a) In General.--Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by adding at the end the following:

   Inserted: "SEC. 503. CHALLENGES TO ORDERS TO PRODUCE CERTAIN BUSINESS RECORDS.

   Inserted: "(a) Appeal.--

   Inserted: "(1) In general.--A person who is required to produce any tangible thing pursuant to an order issued under section 501 may appeal the order to a United States court of appeals on the basis that the order violates the Constitution of the United States.

   Inserted: "(2) Venue.--An appeal filed pursuant to paragraph (1) may be filed--

   Inserted: "(A) in the United States court of appeals for a circuit embracing a judicial district in which venue would be proper for a civil action under section 1391 of title 28, United States Code; or

   Inserted: "(B) United States Court of Appeals for the District of Columbia.

   Inserted: "(b) Supreme Court Review.--A person may seek a writ of certiorari from the Supreme Court of the United States for review of a decision of an appeal filed under subsection (a)(1).".

   Inserted: (b) Table of Contents Amendment.--The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by adding after the item relating to section 502 the following:

   Inserted: "Sec. 503. Challenges to orders to produce certain business records.".

   Inserted: TITLE II--PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES

   Inserted: SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES.

   Inserted: (a) Application.--Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is amended--

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

   Inserted: (2) by striking paragraph (2) and inserting the following new paragraphs:

   Inserted: "(2) a statement of facts showing that there are reasonable grounds to believe that the records sought--

   Inserted: "(A) are relevant to an authorized investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities (other than a threat assessment), provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution; and

   Inserted: "(B) pertain to--

   Inserted: "(i) a foreign power or an agent of a foreign power;

   Inserted: "(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

   Inserted: "(iii) an individual in contact with, or known to, a suspected agent of a foreign power; and

   Inserted: "(3) a statement of proposed minimization procedures.".

   Inserted: (b) Minimization.--

   Inserted: (1) Definition.--Section 401 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding at the end the following:

   Inserted: "(4) The term 'minimization procedures' means--

   Inserted: "(A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;

   Inserted: "(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person's consent, unless such person's identity is necessary to understand foreign intelligence information or assess its importance; and

   Inserted: "(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes.".

   Inserted: (2) Pen registers and trap and trace devices.--Section 402 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended--

   Inserted: (A) in subsection (d)--

   Inserted: (i) in paragraph (1), by inserting ", and that the proposed minimization procedures meet the definition of minimization procedures under this title" before the period at the end; and

   Inserted: (ii) in paragraph (2)(B)--

   Inserted: (I) in clause (ii)(II), by striking "and" after the semicolon; and

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

   Inserted: "(iv) the minimization procedures be followed; and"; and

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

   Inserted: "(h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.".

   Inserted: (3) Emergencies.--Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843), as amended by section 102(a), is further amended--

   Inserted: (A) by redesignating subsection (c) as (d); and

   Inserted: (B) by inserting after subsection (b) the following:

   Inserted: "(c) If the Attorney General authorizes the emergency installation and use of a pen register or trap and trace device under this section, the Attorney General shall require that minimization procedures required by this title for the issuance of a judicial order be followed.".

   Inserted: (4) Use of information.--Section 405(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) is amended by striking the period at the end and inserting "and the minimization procedures required under the order approving such pen register or trap and trace device.".

   Inserted: TITLE III--PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED STATES OTHER THAN UNITED STATES PERSONS

   Inserted: SEC. 301. CLARIFICATION ON PROHIBITION ON SEARCHING OF COLLECTIONS OF COMMUNICATIONS TO CONDUCT WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF UNITED STATES PERSONS.

   Inserted: Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(b)) is amended--

   Inserted: (1) by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and indenting such subparagraphs, as so redesignated, an additional two ems from the left margin;

   Inserted: (2) by striking "An acquisition" and inserting the following:

   Inserted: "(1) In general.--An acquisition"; and

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

   Inserted: "(2) Clarification on prohibition on searching of collections of communications of united states persons.--

   Inserted: "(A) In general.--Except as provided in subparagraph (B), no officer or employee of the United States may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular United States person (other than a corporation).

   Inserted: "(B) Concurrent authorization and exception for emergency situations.--Subparagraph (A) shall not apply to a search for communications related to a particular United States person if--

   Inserted: "(i) such United States person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section 105, 304, 703, 704, or 705 of this Act, or under title 18, United States Code, for the effective period of that order;

   Inserted: "(ii) the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or

   Inserted: "(iii) such United States person has consented to the search.".

   Inserted: SEC. 302. PROTECTION AGAINST COLLECTION OF WHOLLY DOMESTIC COMMUNICATIONS NOT CONCERNING TERRORISM UNDER FISA AMENDMENTS ACT.

   Inserted: (a) In General.--Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--

   Inserted: (1) in subsection (d)(1)--

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

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

   Inserted: (C) by adding at the end the following new subparagraph:

   Inserted: "(C) limit the acquisition of the contents of any communication to communications to which any party is a target of the acquisition or communications that refer to the target of the acquisition, if such communications are acquired to protect against international terrorism."; and

   Inserted: (2) in subsection (i)(2)(B)--

   Inserted: (A) in clause (i), by striking "and" at the end;

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

   Inserted: (C) by adding at the end the following new clause:

   Inserted: "(iii) limit the acquisition of the contents of any communication to communications to which any party is a target of the acquisition or communications that refer to the target of the acquisition, if such communications are acquired to protect against international terrorism.".

   Inserted: (b) Conforming Amendment.--Section 701(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(a)) is amended by inserting " 'international terrorism'," after " 'foreign power',".

   Inserted: SEC. 303. PROHIBITION ON REVERSE TARGETING UNDER FISA AMENDMENTS ACT.

   Inserted: Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as amended by sections 301 and 302 of this Act, is further amended--

   Inserted: (1) in paragraph (1)(B) of subsection (b), as redesignated by section 301, by striking "the purpose" and inserting "a significant purpose";

   Inserted: (2) in subsection (d)(1)(A)--

   Inserted: (A) by striking "ensure that" and inserting the following: "ensure--

   Inserted: "(i) that"; and

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

   Inserted: "(ii) that an application is filed under title I, if otherwise required, when a significant purpose of an acquisition authorized under subsection (a) is to acquire the communications of a particular, known person reasonably believed to be located in the United States; and";

   Inserted: (3) in subsection (g)(2)(A)(i)(I)--

   Inserted: (A) by striking "ensure that" and inserting the following: "ensure--

   Inserted: "(aa) that"; and

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

   Inserted: "(bb) that an application is filed under title I, if otherwise required, when a significant purpose of an acquisition authorized under subsection (a) is to acquire the communications of a particular, known person reasonably believed to be located in the United States; and"; and

   Inserted: (4) in subsection (i)(2)(B)(i)--

   Inserted: (A) by striking "ensure that" and inserting the following: "ensure--

   Inserted: "(I) that"; and

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

   Inserted: "(II) that an application is filed under title I, if otherwise required, when a significant purpose of an acquisition authorized under subsection (a) is to acquire the communications of a particular, known person reasonably believed to be located in the United States; and".

   Inserted: SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION UNDER FISA AMENDMENTS ACT.

   Inserted: Section 702(i)(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by striking subparagraph (B) and inserting the following:

   Inserted: "(B) Correction of deficiencies.--

   Inserted: "(i) In general.--If the Court finds that a certification required by subsection (g) does not contain all of the required elements, or that the procedures required by subsections (d) and (e) are not consistent with the requirements of those subsections or the fourth amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government's election and to the extent required by the order of the Court--

   Inserted: "(I) correct any deficiency identified by the order of the Court not later than 30 days after the date on which the Court issues the order; or

   Inserted: "(II) cease, or not begin, the implementation of the authorization for which such certification was submitted.

   Inserted: "(ii) Limitation on use of information.--

   Inserted: "(I) In general.--Except as provided in subclause (II), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under clause (i) concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

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

   Inserted: SEC. 305. CHALLENGES TO GOVERNMENT SURVEILLANCE.

   Inserted: Section 702 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a), as amended by this title, is further amended by adding at the end the following new subsection:

   Inserted: "(m) Challenges to Government Surveillance.--

   Inserted: "(1) Injury in fact.--In any claim in a civil action brought in a court of the United States relating to surveillance conducted under this section, the person asserting the claim has suffered an injury in fact if the person--

   Inserted: "(A) has a reasonable basis to believe that the person's communications will be acquired under this section; and

   Inserted: "(B) has taken objectively reasonable steps to avoid surveillance under this section.

   Inserted: "(2) Reasonable basis.--A person shall be presumed to have demonstrated a reasonable basis to believe that the communications of the person will be acquired under this section if the profession of the person requires the person regularly to communicate foreign intelligence information with persons who--

   Inserted: "(A) are not United States persons; and

   Inserted: "(B) are located outside the United States.

   Inserted: "(3) Objective steps.--A person shall be presumed to have taken objectively reasonable steps to avoid surveillance under this section if the person demonstrates that the steps were taken in reasonable response to rules of professional conduct or analogous professional rules.".

   Inserted: TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

   Inserted: SEC. 401. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) Constitutional advocate.--The term "Constitutional Advocate" means the Constitutional Advocate appointed under section 402(b).

   Inserted: (2) Decision.--The term "decision" means a decision, order, or opinion issued by the FISA Court or the FISA Court of Review.

   Inserted: (3) FISA.--The term "FISA" means the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

   Inserted: (4) FISA court.--The term "FISA Court" means the court established under section 103(a) of FISA (50 U.S.C. 1803(a)).

   Inserted: (5) FISA court of review.--The term "FISA Court of Review" means the court of review established under section 103(b) of FISA (50 U.S.C. 1803(b)).

   Inserted: (6) Office.--The term "Office" means the Office of the Constitutional Advocate established under section 402(a).

   Inserted: (7) Petition review pool.--The term "petition review pool" means the petition review pool established by section 103(e) of FISA (50 U.S.C. 1803(e)) or any member of that pool.

   Inserted: (8) Significant construction or interpretation of law.--The term "significant construction or interpretation of law" means a significant construction or interpretation of a provision, as that term is construed under section 601(c) of FISA (50 U.S.C. 1871(c)).

   Inserted: SEC. 402. OFFICE OF THE CONSTITUTIONAL ADVOCATE.

   Inserted: (a) Establishment.--There is established within the judicial branch of the United States an Office of the Constitutional Advocate.

   Inserted: (b) Constitutional Advocate.--

   Inserted: (1) In general.--The head of the Office is the Constitutional Advocate.

   Inserted: (2) Appointment and term.--

   Inserted: (A) Appointment.--The Chief Justice of the United States shall appoint the Constitutional Advocate from the list of candidates submitted under subparagraph (B).

   Inserted: (B) Candidates.--

   Inserted: (i) List of candidates.--The Privacy and Civil Liberties Oversight Board shall submit to the Chief Justice a list of not less than 5 qualified candidates to serve as a Constitutional Advocate.

   Inserted: (ii) Selection of candidates.--In preparing a list described in clause (i), the Privacy and Civil Liberties Oversight Board shall select candidates the Board believes will be zealous and effective advocates in defense of civil liberties and consider each potential candidate's--

   Inserted: (I) litigation and other professional experience;

   Inserted: (II) experience with the areas of law the Constitutional Advocate is likely to encounter in the course of the Advocate's duties; and

   Inserted: (III) demonstrated commitment to civil liberties.

   Inserted: (C) Security clearance.--An individual may be appointed Constitutional Advocate without regard to whether the individual possesses a security clearance on the date of the appointment.

   Inserted: (D) Term and dismissal.--A Constitutional Advocate shall be appointed for a term of 3 years and may be fired only for good cause shown, including the demonstrated inability to qualify for an adequate security clearance.

   Inserted: (E) Reappointment.--There shall be no limit to the number of consecutive terms served by a Constitutional Advocate. The reappointment of a Constitutional Advocate shall be made in the same manner as appointment of a Constitutional Advocate.

   Inserted: (F) Acting constitutional advocate.--If the position of Constitutional Advocate is vacant, the Chief Justice may appoint an Acting Constitutional Advocate from among the qualified employees of the Office. If there are no such qualified employees, the Chief Justice may appoint an Acting Constitutional Advocate from the most recent list of candidates provided by the Privacy and Civil Liberties Oversight Board pursuant to subparagraph (B). The Acting Constitutional Advocate shall have all of the powers of a Constitutional Advocate and shall serve until a Constitutional Advocate is appointed.

   Inserted: (3) Employees.--The Constitutional Advocate is authorized, without regard to the civil service laws and regulations, to appoint and terminate employees of the Office.

   Inserted: (c) Security Clearances.--The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Constitutional Advocate and appropriate employees of the Office with the security clearances necessary to carry out the duties of the Constitutional Advocate.

   Inserted: (d) Duties and Authorities of the Constitutional Advocate.--

   Inserted: (1) In general.--The Constitutional Advocate--

   Inserted: (A) shall review each application to the FISA Court by the Attorney General;

   Inserted: (B) shall review each decision of the FISA Court, the petition review pool, or the FISA Court of Review issued after the date of the enactment of this Act and all documents and other material relevant to such decision in a complete, unredacted form;

   Inserted: (C) may participate in a proceeding before the petition review pool if such participation is requested by a party in such a proceeding or by the petition review pool;

   Inserted: (D) shall consider any request from a provider who has been served with an order, certification, or directive compelling the provider to provide assistance to the Government or to release customer information to assist that provider in a proceeding before the FISA Court or the petition review pool, including a request--

   Inserted: (i) to oppose the Government on behalf of the private party in such a proceeding; or

   Inserted: (ii) to provide guidance to the private party if the private party is considering compliance with an order of the FISA Court;

   Inserted: (E) shall participate in a proceeding before the FISA Court if appointed to participate by the FISA Court under section 403(a) and may participate in a proceeding before the petition review pool if authorized under section 404(a);

   Inserted: (F) may request to participate in a proceeding before the FISA Court or the petition review pool;

   Inserted: (G) shall participate in such a proceeding if such request is granted;

   Inserted: (H) may request reconsideration of a decision of the FISA Court under section 403(b);

   Inserted: (I) may appeal or seek review of a decision of the FISA Court, the petition review pool, or the FISA Court of Review, as permitted by this title; and

   Inserted: (J) shall participate in such appeal or review.

   Inserted: (2) Advocacy.--The Constitutional Advocate shall protect individual rights by vigorously advocating before the FISA Court, the petition review pool, or the FISA Court of Review, as appropriate, in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention.

   Inserted: (3) Utilization of outside counsel.--The Constitutional Advocate--

   Inserted: (A) may delegate to a competent outside counsel any duty or responsibility of the Constitutional Advocate with respect to participation in a matter before the FISA Court, the FISA Court of Review, or the Supreme Court of the United States; and

   Inserted: (B) may not delegate to outside counsel any duty or authority set out in subparagraph (A), (B), (D), (F), (H), or (I) of paragraph (1).

   Inserted: (4) Availability of documents and material.--The FISA Court, the petition review pool, or the FISA Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Constitutional Advocate, or appropriate outside counsel if utilized by the Constitutional Advocate under paragraph (3), any documents or other material necessary to carry out the duties described in paragraph (1).

   Inserted: SEC. 403. ADVOCACY BEFORE THE FISA COURT.

   Inserted: (a) Appointment To Participate.--

   Inserted: (1) In general.--The FISA Court may appoint the Constitutional Advocate to participate in a FISA Court proceeding.

   Inserted: (2) Standing.--If the Constitutional Advocate is appointed to participate in a FISA Court proceeding pursuant to paragraph (1), the Constitutional Advocate shall have standing as a party before the FISA Court in that proceeding.

   Inserted: (b) Reconsideration of a FISA Court Decision.--

   Inserted: (1) Authority to move for reconsideration.--The Constitutional Advocate may move the FISA Court to reconsider any decision of the FISA Court made after the date of the enactment of this Act by petitioning the FISA Court not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Constitutional Advocate.

   Inserted: (2) Discretion of the fisa court.--The FISA Court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1).

   Inserted: (c) Amicus Curiae Participation.--

   Inserted: (1) Motion by the constitutional advocate.--The Constitutional Advocate may file a motion with the FISA Court to permit and facilitate participation of amicus curiae, including participation in oral argument if appropriate, in any proceeding. The FISA Court shall have the discretion to grant or deny such a motion.

   Inserted: (2) Facilitation by the fisa court.--The FISA Court may, sua sponte, permit and facilitate participation by amicus curiae, including participation in oral argument if appropriate, in proceedings before the FISA Court.

   Inserted: (3) Regulations.--Not later than 180 days after the date of the enactment of this Act, the FISA Court shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae.

   Inserted: SEC. 404. ADVOCACY BEFORE THE PETITION REVIEW POOL.

   Inserted: (a) Authority To Participate.--The petition review pool or any party to a proceeding before the petition review pool may authorize the Constitutional Advocate to participate in a petition review pool proceeding.

   Inserted: (b) Reconsideration of a Petition Review Pool Decision.--

   Inserted: (1) Authority to move for reconsideration.--The Constitutional Advocate may move the petition review pool to reconsider any decision of the petition review pool made after the date of the enactment of this Act by petitioning the petition review pool not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Constitutional Advocate.

   Inserted: (2) Discretion of the petition review pool.--The petition review pool shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1).

   Inserted: (c) Amicus Curiae Participation.--

   Inserted: (1) Motion by the constitutional advocate.--The Constitutional Advocate may file a motion with the petition review pool to permit and facilitate participation of amicus curiae, including participation in oral argument if appropriate, in any proceeding. The petition review pool shall have the discretion to grant or deny such a motion.

   Inserted: (2) Facilitation by the fisa court.--The petition review pool may, sua sponte, permit and facilitate participation by amicus curiae, including participation in oral argument if appropriate, in proceedings before the petition review pool.

   Inserted: (3) Regulations.--Not later than 180 days after the date of the enactment of this Act, the petition review pool shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae.

   Inserted: SEC. 405. APPELLATE REVIEW.

   Inserted: (a) Appeal of FISA Court Decisions.--

   Inserted: (1) Authority to appeal.--The Constitutional Advocate may appeal any decision of the FISA Court or the petition review pool issued after the date of the enactment of this Act not later than 90 days after the date the decision is issued, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent handed down after such date of enactment.

   Inserted: (2) Standing as appellant.--If the Constitutional Advocate appeals a decision of the FISA Court or the petition review pool pursuant to paragraph (1), the Constitutional Advocate shall have standing as a party before the FISA Court of Review in such appeal.

   Inserted: (3) Mandatory review.--The FISA Court of Review shall review any FISA Court or petition review pool decision appealed by the Constitutional Advocate and issue a decision in such appeal.

   Inserted: (4) Standard of review.--The standards for a mandatory review of a FISA Court or petition review pool decision pursuant to paragraph (3) shall be--

   Inserted: (A) de novo with respect to issues of law; and

   Inserted: (B) clearly erroneous with respect to determination of facts.

   Inserted: (5) Amicus curiae participation.--

   Inserted: (A) In general.--The FISA Court of Review shall accept amicus curiae briefs from interested parties in all mandatory reviews pursuant to paragraph (3) and shall provide for amicus curiae participation in oral argument if appropriate.

   Inserted: (B) Regulations.--Not later than 180 days after the date of the enactment of this Act, the FISA Court of Review shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae.

   Inserted: (b) Review of FISA Court of Review Decisions.--

   Inserted: (1) Authority.--The Constitutional Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the FISA Court of Review.

   Inserted: (2) Standing.--In any proceedings before the Supreme Court of the United States relating to a petition of certiorari filed under paragraph (1) and any proceedings in a matter for which certiorari is granted, the Constitutional Advocate shall have standing as a party.

   Inserted: SEC. 406. DISCLOSURE.

   Inserted: (a) Requirement To Disclose.--The Attorney General shall publicly disclose--

   Inserted: (1) all decisions issued by the FISA Court, the petition review pool, or the FISA Court of Review after July 10, 2003, that include a significant construction or interpretation of law;

   Inserted: (2) any decision of the FISA Court or the petition review pool appealed by the Constitutional Advocate pursuant to this title; and

   Inserted: (3) any FISA Court of Review decision that is issued after an appeal by the Constitutional Advocate.

   Inserted: (b) Disclosure Described.--For each disclosure required by subsection (a) with respect to a decision, the Attorney General shall make available to the public documents sufficient--

   Inserted: (1) to identify with particularity each legal question addressed by the decision and how such question was resolved;

   Inserted: (2) to describe in general terms the context in which the matter arises;

   Inserted: (3) to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and

   Inserted: (4) to indicate whether the decision departed from any prior decision of the FISA Court, the petition review pool, or the FISA Court of Review.

   Inserted: (c) Documents Described.--The Attorney General shall satisfy the disclosure requirements in subsection (b) by--

   Inserted: (1) releasing a FISA Court, petition review pool, or FISA Court of Review decision in its entirety or as redacted;

   Inserted: (2) releasing a summary of a FISA Court, petition review pool, or FISA Court of Review decision; or

   Inserted: (3) releasing an application made to the FISA Court, a petition made to the petition review pool, briefs filed before the FISA Court, the petition review pool, or the FISA Court of Review, or other materials, in full or as redacted.

   Inserted: (d) Extensive Disclosure.--The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in subsection (a) or documents described in subsection (c) as is consistent with legitimate national security concerns.

   Inserted: (e) Timing of Disclosure.--

   Inserted: (1) Decisions issued prior to enactment.--A decision issued prior to the date of the enactment of this Act that is required to be disclosed under subsection (a)(1) shall be disclosed not later than 180 days after the date of the enactment of this Act.

   Inserted: (2) FISA court and petition review pool decisions.--The Attorney General shall release FISA Court or petition review pool decisions appealed by the Constitutional Advocate not later than 30 days after the date the appeal is filed.

   Inserted: (3) FISA court of review decisions.--The Attorney General shall release FISA Court of Review decisions appealed by the Constitutional Advocate not later than 90 days after the date the appeal is filed.

   Inserted: (f) Petition by the Constitutional Advocate.--

   Inserted: (1) Authority to petition.--The Constitutional Advocate may petition the FISA Court, the petition review pool, or the FISA Court of Review to order--

   Inserted: (A) the public disclosure of a decision of such a Court or review pool, and documents or other material relevant to such a decision, previously designated as classified information; or

   Inserted: (B) the release of an unclassified summary of such decisions and documents.

   Inserted: (2) Contents of petition.--Each petition filed under paragraph (1) shall contain a detailed declassification proposal or a summary of the decision and documents that the Constitutional Advocate proposes to have released publicly.

   Inserted: (3) Role of the attorney general.--

   Inserted: (A) Copy of petition.--The Constitutional Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1).

   Inserted: (B) Opposition.--The Attorney General may oppose a petition filed under paragraph (1) by submitting any objections in writing to the FISA Court, the petition review pool, or the FISA Court of Review, as appropriate, not later than 90 days after the date such petition was submitted.

   Inserted: (4) Public availability.--Not less than 91 days after receiving a petition under paragraph (1), and taking into account any objections from the Attorney General made under paragraph (3)(B), the FISA Court, the petition review pool, or the FISA Court of Review, as appropriate, shall declassify and make readily available to the public any decision, document, or other material requested in such petition, to the greatest extent possible, consistent with legitimate national security considerations.

   Inserted: (5) Effective date.--The Constitutional Advocate may not file a petition under paragraph (1) until 181 days after the date of the enactment of this Act, except with respect to a decision appealed by the Constitutional Advocate.

   Inserted: SEC. 407. ANNUAL REPORT TO CONGRESS.

   Inserted: (a) Requirement for Annual Report.--The Constitutional Advocate shall submit to Congress an annual report on the implementation of this title.

   Inserted: (b) Contents.--Each annual report submitted under subsection (a) shall--

   Inserted: (1) detail the activities of the Office;

   Inserted: (2) provide an assessment of the effectiveness of this title; and

   Inserted: (3) propose any new legislation to improve the functioning of the Office or the operation of the FISA Court, the petition review pool, or the FISA Court of Review.

   Inserted: SEC. 408. PRESERVATION OF RIGHTS.

   Inserted: Nothing in this title shall be construed--

   Inserted: (1) to provide the Attorney General with authority to prevent the FISA Court, the petition review pool, or the FISA Court of Review from declassifying decisions or releasing information pursuant to this title; and

   Inserted: (2) to eliminate the public's ability to secure information under section 552 of title 5, United States Code (commonly known as the "Freedom of Information Act") or any other provision of law.

   Inserted: TITLE V--NATIONAL SECURITY LETTER REFORMS

   Inserted: SEC. 501. NATIONAL SECURITY LETTER AUTHORITY.

   Inserted: (a) National Security Letter Authority for Communications Subscriber Records.--

   Inserted: (1) In general.--Section 2709(b) of title 18, United States Code, is amended by amending paragraphs (1) and (2) to read as follows:

   Inserted: "(1) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or the Director's designee) certifies in writing to the wire or electronic communication service provider to which the request is made that--

   Inserted: "(A) the name, address, length of service, and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and

   Inserted: "(B) there are specific and articulable facts showing that there are reasonable grounds to believe that the name, address, length of service, and toll billing records sought--

   Inserted: "(i) pertain to a foreign power or agent of a foreign power;

   Inserted: "(ii) are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

   Inserted: "(iii) pertain to an individual in contact with, or known to, a suspected agent; and

   Inserted: "(2) request the name, address, and length of service of a person or entity if the Director (or the Director's designee) certifies in writing to the wire or electronic communication service provider to which the request is made that--

   Inserted: "(A) the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States; and

   Inserted: "(B) there are specific and articulable facts showing that there are reasonable grounds to believe that the information sought pertains to--

   Inserted: "(i) a foreign power or agent of a foreign power;

   Inserted: "(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

   Inserted: "(iii) an individual in contact with, or known to, a suspected agent.".

   Inserted: (b) National Security Letter Authority for Certain Financial Records.--Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended to read as follows:

   Inserted: "SEC. 1114. NATIONAL SECURITY LETTER FOR CERTAIN FINANCIAL RECORDS.

   Inserted: "(a) Authorization.--

   Inserted: "(1) In general.--The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, or the Director of the United States Secret Service may issue in writing and cause to be served on a financial institution, a National Security Letter requiring the production of--

   Inserted: "(A) the name of a customer of the financial institution;

   Inserted: "(B) the address of a customer of the financial institution;

   Inserted: "(C) the length of time during which a person has been, or was, a customer of the financial institution (including the start date) and the type of service provided by the institution to the customer; and

   Inserted: "(D) any account number or other unique identifier associated with a customer of the financial institution.

   Inserted: "(2) Limitation.--A National Security Letter issued under this subsection may not require the production of records or information not listed in paragraph (1).

   Inserted: "(b) National Security Letter Requirements.--

   Inserted: "(1) In general.--A National Security Letter issued under subsection (a) shall--

   Inserted: "(A) be subject to the requirements of subsections (b) through (f) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider;

   Inserted: "(B)(i) in the case of a National Security Letter issued by the Director of the Federal Bureau of Investigation or the Director's designee, include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought--

   Inserted: "(I) are relevant to an authorized investigation (other than a threat assessment) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and

   Inserted: "(II) pertain to--

   Inserted: "(aa) a foreign power or an agent of a foreign power;

   Inserted: "(bb) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

   Inserted: "(cc) an individual in contact with, or known to, a suspected agent of a foreign power; and

   Inserted: "(ii) in the case of a National Security Letter issued by the Director of the United States Secret Service, include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought are relevant to the conduct of the protective functions of the United States Secret Service.

   Inserted: "(2) Reporting.--On a semiannual basis the Director of the Federal Bureau of Investigation and the Director of the United States Secret Service shall fully inform the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives, concerning all requests made under subsection (a).

   Inserted: "(3) Definitions.--For purposes of this subsection, the terms 'agent of a foreign power', 'international terrorism', 'foreign intelligence information', and 'United States person' have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

   Inserted: "(c) Definition of 'Financial Institution'.--For purposes of this section (and sections 1115 and 1117, insofar as the sections relate to the operation of this section), the term 'financial institution' has the same meaning as in subsections (a)(2) and (c)(1) of section 5312 of title 31, United States Code, except that the term shall include only a financial institution any part of which is located inside any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands.".

   Inserted: (c) National Security Letter Authority for Certain Consumer Report Records.--

   Inserted: (1) In general.--Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--

   Inserted: (A) by striking the section heading and inserting the following:

   Inserted: "Sec. 626. National Security Letters for certain consumer report records";

   Inserted: (B) by striking subsections (a) through (d) and inserting the following:

   Inserted: "(a) Authorization.--

   Inserted: "(1) In general.--The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a consumer reporting agency a National Security Letter requiring the production of--

   Inserted: "(A) the name of a consumer;

   Inserted: "(B) the current and former address of a consumer;

   Inserted: "(C) the current and former places of employment of a consumer; and

   Inserted: "(D) the name and address of any financial institution (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401)) at which a consumer maintains or has maintained an account, to the extent that the information is in the files of the consumer reporting agency.

   Inserted: "(2) Limitation.--A National Security Letter issued under this subsection may not require the production of a consumer report.

   Inserted: "(b) National Security Letter Requirements.--

   Inserted: "(1) In general.--A National Security Letter issued under subsection (a) shall--

   Inserted: "(A) be subject to the requirements of subsections (b) through (f) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and

   Inserted: "(B) include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought--

   Inserted: "(i) are relevant to an authorized investigation (other than a threat assessment) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and

   Inserted: "(ii) pertain to--

   Inserted: "(I) a foreign power or an agent of a foreign power;

   Inserted: "(II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

   Inserted: "(III) an individual in contact with, or known to, a suspected agent of a foreign power.

   Inserted: "(2) Reporting.--On a semiannual basis the Director of the Federal Bureau of Investigation shall fully inform the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives, concerning all requests made under subsection (a).

   Inserted: "(3) Definitions.--For purposes of this subsection, the terms 'agent of a foreign power', 'international terrorism', 'foreign intelligence information', and 'United States person' have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).";

   Inserted: (C) by striking subsections (f) through (h); and

   Inserted: (D) by redesignating subsections (e) and (i) through (m) as subsections (c) through (h), respectively.

   Inserted: (2) Repeal.--Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is repealed.

   Inserted: (d) Technical and Conforming Amendment.--

   Inserted: (1) Table of sections amendment.--The table of sections for the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by striking the items relating to sections 626 and 627 and inserting the following:

   Inserted: "626. National Security Letters for certain consumer report records.

   Inserted: "627. [Repealed].".

   Inserted: (2) Conforming amendments.--

   Inserted: (A) Notice requirements.--Section 1109 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3409) is amended by striking subsection (c).

   Inserted: (B) Title 18, united states code.--Title 18, United States Code, is amended--

   Inserted: (i) in section 1510(e), by striking "section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i))," and inserting "section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414),"; and

   Inserted: (ii) in section 3511--

   Inserted: (I) by striking "section 1114(a)(5)(A) of the Right to Financial Privacy Act," each place that term appears and inserting "section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414),"; and

   Inserted: (II) by striking "or section 627(a)" each place that term appears.

   Inserted: (C) National security act of 1947.--Section 507(b) of the National Security Act of 1947 (50 U.S.C. 3106(b)) is amended--

   Inserted: (i) in paragraph (2), by striking "section 626(h)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681u(h)(2))." and inserting "section 626(b)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681u(b)(2))."; and

   Inserted: (ii) in paragraph (3), by striking "section 1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C))." and inserting "section 1114(b)(2) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(b)(2)).".

   Inserted: (D) USA patriot act.--

   Inserted: (i) Section 118.--Section 118 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 18 U.S.C. 3511 note) is amended--

   Inserted: (I) in subsection (c)(1)--

   Inserted: (aa) in subparagraph (C), by inserting "and" at the end;

   Inserted: (bb) in subparagraph (D), by striking "; and" and inserting a period; and

   Inserted: (cc) by striking subparagraph (E); and

   Inserted: (II) in subsection (d)--

   Inserted: (aa) in paragraph (2), by striking "Section 1114(a)(5)(A) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)(A))" and inserting "Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414)"; and

   Inserted: (bb) by striking paragraph (5).

   Inserted: (ii) Section 119.--Section 119(g) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 219) is amended--

   Inserted: (I) in paragraph (2), by striking "Section 1114(a)(5)(A) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)(A))" and inserting "Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414)"; and

   Inserted: (II) by striking paragraph (5).

   Inserted: SEC. 502. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

   Inserted: Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 18 U.S.C. 3511 note), as amended by section 501(d)(2)(D)(i), is further amended--

   (1) in paragraph (1)--

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

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

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

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

   "(2) Content.--

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

   "(i) United States persons;[struck: and]

   "(ii) persons who are not United States persons[struck: .][inserted: ;]

   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

   Show 99 more struck paragraphsShow less

   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 one of the following structures:

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

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

   Struck: "(B) the number of customer selectors targeted by national security letters, reported in bands of 1000 starting with 0-999;

   Struck: "(C) the number of orders or directives received, combined, under this Act for contents, reported in bands of 1000 starting with 0-999;

   Struck: "(D) the number of customer selectors targeted under orders or directives received, combined, under this Act for contents reported in bands of 1000 starting with 0-999;

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

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

   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 into separate categories of--

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

   Struck: "(B) the number of customer selectors targeted by national security letters, reported in bands of 500 starting with 0-499;

   Struck: "(C) the number of orders or directives received, combined, under this Act for contents, reported in bands of 500 starting with 0-499;

   Struck: "(D) the number of customer selectors targeted under orders or directives received, combined, under this Act for contents, reported in bands of 500 starting with 0-499;

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

   Struck: "(F) the number of customer selectors targeted under orders received under this Act for noncontents, reported in bands of 500 starting with 0-499.

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

   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 250 starting with 0-249; and

   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 250 starting with 0-249.

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

   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 100 starting with 0-99; and

   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 100 starting with 0-99.

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

   Struck: "(1) A report described in paragraph (1) or (2) of subsection (a) shall include only information--

   Struck: "(A) relating to national security letters for the previous 180 days; and

   Struck: "(B) relating to authorities under this Act for the 180-day period of time ending on the date that is not less than 180 days prior to the date of the publication of such report, except that with respect to a platform, product, or service for which a person did not previously receive an order or directive (not including an enhancement to or iteration of an existing publicly available platform, product, or service) such report 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.

   Struck: "(2) A report described in paragraph (3) of subsection (a) shall include only information relating to the previous 180 days.

   Struck: "(3) A report described in paragraph (4) of subsection (a) shall include only information for the 1-year period of time ending on the date that is not less than 1 year prior to the date of the publication of such report.

   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

   Struck: (2) in the second sentence, by striking "and the Committee on the Judiciary of the House of Representatives".

   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:

   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--ENHANCED NATIONAL SECURITY PROVISIONS

   Struck: SEC. 701. EMERGENCIES INVOLVING NON-UNITED STATES PERSONS.

   Struck: (a) In General.--Section 105 (50 U.S.C. 1805) is amended--

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

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

   Struck: "(f)(1) Notwithstanding any other provision of this Act, the lawfully authorized targeting of a non-United States person previously believed to be located outside the United States for the acquisition of foreign intelligence information may continue for a period not to exceed 72 hours from the time that the non-United States person is reasonably believed to be located inside the United States and the acquisition is subject to this title or to title III of this Act, provided that the head of an element of the intelligence community--

   Struck: "(A) reasonably determines that a lapse in the targeting of such non-United States person poses a threat of death or serious bodily harm to any person;

   Struck: "(B) promptly notifies the Attorney General of a determination under subparagraph (A); and

   Struck: "(C) requests, as soon as practicable, the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 304(e), as warranted.

   Struck: "(2) The authority under this subsection to continue the acquisition of foreign intelligence information is limited to a period not to exceed 72 hours and shall cease upon the earlier of the following:

   Struck: "(A) The employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 304(e).

   Struck: "(B) An issuance of a court order under this title or title III of this Act.

   Struck: "(C) The Attorney General provides direction that the acquisition be terminated.

   Struck: "(D) The head of the element of the intelligence community conducting the acquisition determines that a request under paragraph (1)(C) is not warranted.

   Struck: "(E) When the threat of death or serious bodily harm to any person is no longer reasonably believed to exist.

   Struck: "(3) Nonpublicly available information concerning unconsenting United States persons acquired under this subsection shall not be disseminated during the 72 hour time period under paragraph (1) unless necessary to investigate, reduce, or eliminate the threat of death or serious bodily harm to any person.

   Struck: "(4) If the Attorney General declines to authorize the employment of emergency electronic surveillance under subsection (e) or the employment of an emergency physical search pursuant to section 304(e), or a court order is not obtained under this title or title III of this Act, information obtained during the 72 hour acquisition time period under paragraph (1) 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.

   Struck: "(5) Paragraphs (5) and (6) of subsection (e) shall apply to this subsection.".

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

   Struck: (c) Report to Congress.--Section 108(a)(2) (50 U.S.C. 1808(a)(2)) is amended--

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

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

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

   Struck: "(D) the total number of authorizations under section 105(f) and the total number of subsequent emergency employments of electronic surveillance under section 105(e) or emergency physical searches pursuant to section 301(e).".

   Struck: SEC. 702. PRESERVATION OF TREATMENT OF NON-UNITED STATES PERSONS TRAVELING OUTSIDE THE UNITED STATES AS AGENTS OF FOREIGN POWERS.

   Struck: Section 101(b)(1) is amended--

   Struck: (1) in subparagraph (A), by inserting before the semicolon at the end the following: ", irrespective of whether the person is inside the United States"; and

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

   Struck: (A) by striking "of such person's presence in the United States"; and

   Struck: (B) by striking "such activities in the United States" and inserting "such activities".

   Struck: SEC. 703. IMPROVEMENT TO INVESTIGATIONS OF INTERNATIONAL PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.

   Struck: Section 101(b)(1) is further amended by striking subparagraph (E) and inserting the following new subparagraph (E):

   Struck: "(E) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor, for or on behalf of a foreign power, or knowingly aids or abets any person in the conduct of such proliferation or activities in preparation therefor, or knowingly conspires with any person to engage in such proliferation or activities in preparation therefor; or".

   Struck: SEC. 704. INCREASE IN PENALTIES FOR MATERIAL SUPPORT OF FOREIGN TERRORIST ORGANIZATIONS.

   Struck: Section 2339B(a)(1) of title 18, United States Code, is amended by striking "15 years" and inserting "20 years".

   Struck: SEC. 705. 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 15, 2019".

   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 15, 2019".

   Struck: (c) Conforming Amendment.--Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note), as amended by subsection (a), is further amended by striking "sections 501, 502, and" and inserting "title V and section".

   Struck: TITLE VIII--SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION

   Struck: Subtitle A--Safety of Maritime Navigation

   Struck: SEC. 801. AMENDMENT TO SECTION 2280 OF TITLE 18, UNITED STATES CODE.

   Struck: Section 2280 of title 18, United States Code, is amended--

   Inserted: "(iii) persons who are the subjects of authorized national security investigations; or

   Inserted: "(iv) persons who are not the subjects of authorized national security investigations.

   Inserted: "(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 provide information separated into each of the categories described in subparagraph (A).".

   Inserted: TITLE VI--REPORTING FISA ORDERS AND NATIONAL SECURITY LETTERS

   Inserted: SEC. 601. THIRD-PARTY REPORTING OF FISA ORDERS AND NATIONAL SECURITY LETTERS.

   Inserted: (a) In General.--Each electronic service provider may report information to the public in accordance with this section about requests and demands for information made by any Government entity under a surveillance law, and is exempt in accordance with subsection (d) from liability with respect to that report, even if such provider would otherwise be prohibited by a surveillance law from reporting that information.

   Inserted: (b) Periodic Aggregate Reports.--An electronic service provider may report such information not more often than quarterly and only to the following extent:

   Inserted: (1) Estimate of numbers of demands and requests made.--The report may reveal an estimate of the number of such demands and requests made during the period to which the report pertains.

   Inserted: (2) Estimate of numbers of demands and requests complied with.--The report may reveal an estimate of the numbers of such demands and requests the service provider complied with during the period to which the report pertains, regardless of when the demands or requests were made.

   Inserted: (3) Estimate of number of users or accounts.--The report may reveal an estimate of the numbers of users or accounts, or both, of the service provider, for which information was demanded, requested, or provided during the period to which the report pertains.

   Inserted: (c) Special Rules for Reports.--

   Inserted: (1) Level of detail by authorizing surveillance law.--Any estimate disclosed under this section may be an overall estimate or broken down by categories of authorizing surveillance laws or by provisions of authorizing surveillance laws.

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   Inserted: (2) Level of detail by numerical range.--Each estimate disclosed under this section shall be rounded to the nearest 100. If an estimate is zero, an electronic service provider may report the estimate as zero.

   Inserted: (3) Report may be broken down by periods not less than calendar quarters.--For any reporting period, the provider may break down the report by calendar quarters or any other time periods greater than a calendar quarter.

   Inserted: (d) Limitation on Liability.--An electronic service provider making a report that the provider reasonably believes in good faith is authorized by this section is not criminally or civilly liable in any court for making that report.

   Inserted: (e) Rule of Construction.--Nothing in this section shall be construed to prohibit disclosures other than those authorized by this section.

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

   Inserted: (1) The term "electronic service provider" means a provider of an electronic communications service (as that term is defined in section 2510 of title 18, United States Code) or a provider of a remote computing service (as that term is defined in section 2711 of title 18, United States Code).

   Inserted: (2) The term "surveillance law" means any provision of any of the following:

   Inserted: (A) The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

   Inserted: (B) Section 802(a) of the National Security Act of 1947 (50 U.S.C. 3162(a)).

   Inserted: (C) Section 2709 of title 18, United States Code.

   Inserted: (D) Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414).

   Inserted: (E) Subsections (a) or (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u).

   Inserted: SEC. 602. GOVERNMENT REPORTING OF FISA ORDERS.

   Inserted: (a) Electronic Surveillance.--Section 107 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1807) is amended--

   Inserted: (1) by redesignating subsections (a) and (b) as paragraphs (1) and (2), respectively;

   Inserted: (2) in the matter preceding paragraph (1) (as redesignated by paragraph (1) of this subsection)--

   Inserted: (A) by striking "In April" and inserting "(a) In April"; and

   Inserted: (B) by striking "Congress" and inserting "the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives";

   Inserted: (3) in subsection (a) (as designated by paragraph (2) of this subsection)--

   Inserted: (A) in paragraph (1) (as redesignated by paragraph (1) of this subsection), by striking "and" at the end;

   Inserted: (B) in paragraph (2) (as so redesignated), by striking the period at the end and inserting a semicolon; and

   Inserted: (C) by adding at the end the following new paragraphs:

   Inserted: "(3) the total number of individuals who were subject to electronic surveillance conducted under an order entered under this title, rounded to the nearest 100; and

   Inserted: "(4) the total number of United States persons who were subject to electronic surveillance conducted under an order entered under this title, rounded to the nearest 100."; and

   Inserted: (4) by adding at the end the following new subsection:

   Inserted: "(b)(1) Each report required under subsection (a) shall be submitted in unclassified form.

   Inserted: "(2) Not later than 7 days after a report is submitted under subsection (a), the Attorney General shall make such report publicly available.".

   Inserted: (b) Pen Register and Trap and Trace Devices.--Section 406 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1846) is amended--

   (1) in subsection (b)--

   Struck: (A) in paragraph (1)(A)(i), by striking "a ship flying the flag of the United States" and inserting "a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46)";

   Inserted: (A) in paragraph (2), by striking "and" at the end;

   (B) in paragraph ([struck: 1][inserted: 3])[struck: (A)(ii)], by [struck: inserting ", including ][inserted: striking ]the [struck: territorial seas" after "in the United States"][inserted: period at the end and inserting a semicolon]; and

   Struck: (C) in paragraph (1)(A)(iii), by inserting ", by a United States corporation or legal entity," after "by a national of the United States";

   Struck: (2) in subsection (c), by striking "section 2(c)" and inserting "section 13(c)";

   Struck: (3) by striking subsection (d);

   Struck: (4) by striking subsection (e) and inserting after subsection (c) the following:

   Show 217 more struck paragraphsShow less

   Struck: "(d) Definitions.--As used in this section, section 2280a, section 2281, and section 2281a, the term--

   Struck: "(1) 'applicable treaty' means--

   Struck: "(A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970;

   Struck: "(B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971;

   Struck: "(C) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973;

   Struck: "(D) International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979;

   Struck: "(E) the Convention on the Physical Protection of Nuclear Material, done at Vienna on 26 October 1979;

   Struck: "(F) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 24 February 1988;

   Struck: "(G) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988;

   Struck: "(H) International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997; and

   Struck: "(I) International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999;

   Struck: "(2) 'armed conflict' does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature;

   Struck: "(3) 'biological weapon' means--

   Struck: "(A) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective, or other peaceful purposes; or

   Struck: "(B) weapons, equipment, or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict;

   Struck: "(4) 'chemical weapon' means, together or separately--

   Struck: "(A) toxic chemicals and their precursors, except where intended for--

   Struck: "(i) industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes;

   Struck: "(ii) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;

   Struck: "(iii) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or

   Struck: "(iv) law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes;

   Struck: "(B) munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munitions and devices; and

   Struck: "(C) any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (B);

   Struck: "(5) 'covered ship' means a ship that is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country;

   Struck: "(6) 'explosive material' has the meaning given the term in section 841(c) and includes explosive as defined in section 844(j) of this title;

   Struck: "(7) 'infrastructure facility' has the meaning given the term in section 2332f(e)(5) of this title;

   Struck: "(8) 'international organization' has the meaning given the term in section 831(f)(3) of this title;

   Struck: "(9) 'military forces of a state' means the armed forces of a state which are organized, trained, and equipped under its internal law for the primary purpose of national defense or security, and persons acting in support of those armed forces who are under their formal command, control, and responsibility;

   Struck: "(10) 'national of the United States' has the meaning stated in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));

   Struck: "(11) 'Non-Proliferation Treaty' means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow on 1 July 1968;

   Struck: "(12) 'Non-Proliferation Treaty State Party' means any State Party to the Non-Proliferation Treaty, to include Taiwan, which shall be considered to have the obligations under the Non-Proliferation Treaty of a party to that treaty other than a Nuclear Weapon State Party to the Non-Proliferation Treaty;

   Struck: "(13) 'Nuclear Weapon State Party to the Non-Proliferation Treaty' means a State Party to the Non-Proliferation Treaty that is a nuclear-weapon State, as that term is defined in Article IX(3) of the Non-Proliferation Treaty;

   Struck: "(14) 'place of public use' has the meaning given the term in section 2332f(e)(6) of this title;

   Struck: "(15) 'precursor' has the meaning given the term in section 229F(6)(A) of this title;

   Struck: "(16) 'public transport system' has the meaning given the term in section 2332f(e)(7) of this title;

   Struck: "(17) 'serious injury or damage' means--

   Struck: "(A) serious bodily injury,

   Struck: "(B) extensive destruction of a place of public use, State or government facility, infrastructure facility, or public transportation system, resulting in major economic loss, or

   Struck: "(C) substantial damage to the environment, including air, soil, water, fauna, or flora;

   Struck: "(18) 'ship' means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft, but does not include a warship, a ship owned or operated by a government when being used as a naval auxiliary or for customs or police purposes, or a ship which has been withdrawn from navigation or laid up;

   Struck: "(19) 'source material' has the meaning given that term in the International Atomic Energy Agency Statute, done at New York on 26 October 1956;

   Struck: "(20) 'special fissionable material' has the meaning given that term in the International Atomic Energy Agency Statute, done at New York on 26 October 1956;

   Struck: "(21) 'territorial sea of the United States' means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law;

   Struck: "(22) 'toxic chemical' has the meaning given the term in section 229F(8)(A) of this title;

   Struck: "(23) 'transport' means to initiate, arrange or exercise effective control, including decisionmaking authority, over the movement of a person or item; and

   Struck: "(24) 'United States', when used in a geographical sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and all territories and possessions of the United States."; and

   Struck: (5) by inserting after subsection (d) (as added by paragraph (4) of this section) the following:

   Struck: "(e) Exceptions.--This section shall not apply to--

   Struck: "(1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or

   Struck: "(2) activities undertaken by military forces of a state in the exercise of their official duties.

   Struck: "(f) Delivery of Suspected Offender.--The master of a covered ship flying the flag of the United States who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under section 2280 or section 2280a may deliver such person to the authorities of a country that is a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. Before delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a state party to the Convention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master's intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master's possession that pertains to the alleged offense.

   Struck: "(g)(1) Civil Forfeiture.--Any real or personal property used or intended to be used to commit or to facilitate the commission of a violation of this section, the gross proceeds of such violation, and any real or personal property traceable to such property or proceeds, shall be subject to forfeiture.

   Struck: "(2) Applicable Procedures.--Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Attorney General, or the Secretary of Defense.".

   Struck: SEC. 802. NEW SECTION 2280A OF TITLE 18, UNITED STATES CODE.

   Struck: (a) In General.--Chapter 111 of title 18, United States Code, is amended by adding after section 2280 the following new section:

   Struck: "Sec. 2280a. Violence against maritime navigation and maritime transport involving weapons of mass destruction

   Struck: "(a) Offenses.--

   Struck: "(1) In general.--Subject to the exceptions in subsection (c), a person who unlawfully and intentionally--

   Struck: "(A) when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act--

   Struck: "(i) uses against or on a ship or discharges from a ship any explosive or radioactive material, biological, chemical, or nuclear weapon or other nuclear explosive device in a manner that causes or is likely to cause death to any person or serious injury or damage;

   Struck: "(ii) discharges from a ship oil, liquefied natural gas, or another hazardous or noxious substance that is not covered by clause (i), in such quantity or concentration that causes or is likely to cause death to any person or serious injury or damage; or

   Struck: "(iii) uses a ship in a manner that causes death to any person or serious injury or damage;

   Struck: "(B) transports on board a ship--

   Struck: "(i) any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause, death to any person or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organization to do or to abstain from doing any act;

   Struck: "(ii) any biological, chemical, or nuclear weapon or other nuclear explosive device, knowing it to be a biological, chemical, or nuclear weapon or other nuclear explosive device;

   Struck: "(iii) any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use, or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to an International Atomic Energy Agency comprehensive safeguards agreement, except where--

   Struck: "(I) such item is transported to or from the territory of, or otherwise under the control of, a Non- Proliferation Treaty State Party; and

   Struck: "(II) the resulting transfer or receipt (including internal to a country) is not contrary to the obligations under the Non-Proliferation Treaty of the Non-Proliferation Treaty State Party from which, to the territory of which, or otherwise under the control of which such item is transferred;

   Struck: "(iv) any equipment, materials, or software or related technology that significantly contributes to the design or manufacture of a nuclear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, except where--

   Struck: "(I) the country to the territory of which or under the control of which such item is transferred is a Nuclear Weapon State Party to the Non- Proliferation Treaty; and

   Struck: "(II) the resulting transfer or receipt (including internal to a country) is not contrary to the obligations under the Non-Proliferation Treaty of a Non-Proliferation Treaty State Party from which, to the territory of which, or otherwise under the control of which such item is transferred;

   Struck: "(v) any equipment, materials, or software or related technology that significantly contributes to the delivery of a nuclear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, except where--

   Struck: "(I) such item is transported to or from the territory of, or otherwise under the control of, a Non- Proliferation Treaty State Party; and

   Struck: "(II) such item is intended for the delivery system of a nuclear weapon or other nuclear explosive device of a Nuclear Weapon State Party to the Non- Proliferation Treaty; or

   Struck: "(vi) any equipment, materials, or software or related technology that significantly contributes to the design, manufacture, or delivery of a biological or chemical weapon, with the intention that it will be used for such purpose;

   Struck: "(C) transports another person on board a ship knowing that the person has committed an act that constitutes an offense under section 2280 or subparagraph (A), (B), (D), or (E) of this section or an offense set forth in an applicable treaty, as specified in section 2280(d)(1), and intending to assist that person to evade criminal prosecution;

   Struck: "(D) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (C), or subsection (a)(2), to the extent that the subsection (a)(2) offense pertains to subparagraph (A); or

   Struck: "(E) attempts to do any act prohibited under subparagraph (A), (B) or (D), or conspires to do any act prohibited by subparagraphs (A) through (E) or subsection (a)(2), shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this paragraph, shall be imprisoned for any term of years or for life.

   Struck: "(2) Threats.--A person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A) shall be fined under this title, imprisoned not more than 5 years, or both.

   Struck: "(b) Jurisdiction.--There is jurisdiction over the activity prohibited in subsection (a)--

   Struck: "(1) in the case of a covered ship, if--

   Struck: "(A) such activity is committed--

   Struck: "(i) against or on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) at the time the prohibited activity is committed;

   Struck: "(ii) in the United States, including the territorial seas; or

   Struck: "(iii) by a national of the United States, by a United States corporation or legal entity, or by a stateless person whose habitual residence is in the United States;

   Struck: "(B) during the commission of such activity, a national of the United States is seized, threatened, injured, or killed; or

   Struck: "(C) the offender is later found in the United States after such activity is committed;

   Struck: "(2) in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; or

   Struck: "(3) in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act.

   Struck: "(c) Exceptions.--This section shall not apply to--

   Struck: "(1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or

   Struck: "(2) activities undertaken by military forces of a state in the exercise of their official duties.

   Struck: "(d)(1) Civil Forfeiture.--Any real or personal property used or intended to be used to commit or to facilitate the commission of a violation of this section, the gross proceeds of such violation, and any real or personal property traceable to such property or proceeds, shall be subject to forfeiture.

   Struck: "(2) Applicable Procedures.--Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Attorney General, or the Secretary of Defense.".

   Struck: (b) Conforming Amendment.--The table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding after the item relating to section 2280 the following new item:

   Struck: "2280a. Violence against maritime navigation and maritime transport involving weapons of mass destruction.".

   Struck: SEC. 803. AMENDMENTS TO SECTION 2281 OF TITLE 18, UNITED STATES CODE.

   Struck: Section 2281 of title 18, United States Code, is amended--

   Struck: (1) in subsection (c), by striking "section 2(c)" and inserting "section 13(c)";

   Struck: (2) in subsection (d), by striking the definitions of "national of the United States," "territorial sea of the United States," and "United States"; and

   Struck: (3) by inserting after subsection (d) the following:

   Struck: "(e) Exceptions.--This section does not apply to--

   Struck: "(1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or

   Struck: "(2) activities undertaken by military forces of a state in the exercise of their official duties.".

   Struck: SEC. 804. NEW SECTION 2281A OF TITLE 18, UNITED STATES CODE.

   Struck: (a) In General.--Chapter 111 of title 18, United States Code, is amended by adding after section 2281 the following new section:

   Struck: "Sec. 2281a. Additional offenses against maritime fixed platforms

   Struck: "(a) Offenses.--

   Struck: "(1) In general.--A person who unlawfully and intentionally--

   Struck: "(A) when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act--

   Struck: "(i) uses against or on a fixed platform or discharges from a fixed platform any explosive or radioactive material, biological, chemical, or nuclear weapon in a manner that causes or is likely to cause death or serious injury or damage; or

   Struck: "(ii) discharges from a fixed platform oil, liquefied natural gas, or another hazardous or noxious substance that is not covered by clause (i), in such quantity or concentration that causes or is likely to cause death or serious injury or damage;

   Struck: "(B) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraph (A); or

   Struck: "(C) attempts or conspires to do anything prohibited under subparagraph (A) or (B), shall be fined under this title, imprisoned not more than 20 years, or both; and if death results to any person from conduct prohibited by this paragraph, shall be imprisoned for any term of years or for life.

   Struck: "(2) Threat to safety.--A person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A), shall be fined under this title, imprisoned not more than 5 years, or both.

   Struck: "(b) Jurisdiction.--There is jurisdiction over the activity prohibited in subsection (a) if--

   Struck: "(1) such activity is committed against or on board a fixed platform--

   Struck: "(A) that is located on the continental shelf of the United States;

   Struck: "(B) that is located on the continental shelf of another country, by a national of the United States or by a stateless person whose habitual residence is in the United States; or

   Struck: "(C) in an attempt to compel the United States to do or abstain from doing any act;

   Struck: "(2) during the commission of such activity against or on board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured, or killed; or

   Struck: "(3) such activity is committed against or on board a fixed platform located outside the United States and beyond the continental shelf of the United States and the offender is later found in the United States.

   Struck: "(c) Exceptions.--This section does not apply to--

   Struck: "(1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or

   Struck: "(2) activities undertaken by military forces of a state in the exercise of their official duties.

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

   Struck: "(1) 'continental shelf' means the sea-bed and subsoil of the submarine areas that extend beyond a country's territorial sea to the limits provided by customary international law as reflected in Article 76 of the 1982 Convention on the Law of the Sea; and

   Struck: "(2) 'fixed platform' means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes.".

   Struck: (b) Conforming Amendment.--The table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding after the item relating to section 2281 the following new item:

   Struck: "2281a. Additional offenses against maritime fixed platforms.".

   Struck: SEC. 805. ANCILLARY MEASURE.

   Struck: Section 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting "2280a (relating to maritime safety)," before "2281", and by striking "2281" and inserting "2281 through 2281a".

   Struck: Subtitle B--Prevention of Nuclear Terrorism

   Struck: SEC. 811. NEW SECTION 2332I OF TITLE 18, UNITED STATES CODE.

   Struck: (a) In General.--Chapter 113B of title 18, United States Code, is amended by adding after section 2332h the following:

   Struck: "Sec. 2332i. Acts of nuclear terrorism

   Struck: "(a) Offenses.--

   Struck: "(1) In general.--Whoever knowingly and unlawfully--

   Struck: "(A) possesses radioactive material or makes or possesses a device--

   Struck: "(i) with the intent to cause death or serious bodily injury; or

   Struck: "(ii) with the intent to cause substantial damage to property or the environment; or

   Struck: "(B) uses in any way radioactive material or a device, or uses or damages or interferes with the operation of a nuclear facility in a manner that causes the release of or increases the risk of the release of radioactive material, or causes radioactive contamination or exposure to radiation--

   Struck: "(i) with the intent to cause death or serious bodily injury or with the knowledge that such act is likely to cause death or serious bodily injury;

   Struck: "(ii) with the intent to cause substantial damage to property or the environment or with the knowledge that such act is likely to cause substantial damage to property or the environment; or

   Struck: "(iii) with the intent to compel a person, an international organization or a country to do or refrain from doing an act, shall be punished as prescribed in subsection (c).

   Struck: "(2) Threats.--Whoever, under circumstances in which the threat may reasonably be believed, threatens to commit an offense under paragraph (1) shall be punished as prescribed in subsection (c). Whoever demands possession of or access to radioactive material, a device or a nuclear facility by threat or by use of force shall be punished as prescribed in subsection (c).

   Struck: "(3) Attempts and conspiracies.--Whoever attempts to commit an offense under paragraph (1) or conspires to commit an offense under paragraph (1) or (2) shall be punished as prescribed in subsection (c).

   Struck: "(b) Jurisdiction.--Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--

   Struck: "(1) the prohibited conduct takes place in the United States or the special aircraft jurisdiction of the United States;

   Struck: "(2) the prohibited conduct takes place outside of the United States and--

   Struck: "(A) is committed by a national of the United States, a United States corporation or legal entity or a stateless person whose habitual residence is in the United States;

   Struck: "(B) is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) or on board an aircraft that is registered under United States law, at the time the offense is committed; or

   Struck: "(C) is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States;

   Struck: "(3) the prohibited conduct takes place outside of the United States and a victim or an intended victim is a national of the United States or a United States corporation or legal entity, or the offense is committed against any state or government facility of the United States; or

   Struck: "(4) a perpetrator of the prohibited conduct is found in the United States.

   Struck: "(c) Penalties.--Whoever violates this section shall be fined not more than $2,000,000 and shall be imprisoned for any term of years or for life.

   Struck: "(d) Nonapplicability.--This section does not apply to--

   Struck: "(1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or

   Struck: "(2) activities undertaken by military forces of a state in the exercise of their official duties.

   Struck: "(e) Definitions.--As used in this section, the term--

   Struck: "(1) 'armed conflict' has the meaning given that term in section 2332f(e)(11) of this title;

   Struck: "(2) 'device' means:

   Struck: "(A) any nuclear explosive device; or

   Struck: "(B) any radioactive material dispersal or radiation-emitting device that may, owing to its radiological properties, cause death, serious bodily injury or substantial damage to property or the environment;

   Struck: "(3) 'international organization' has the meaning given that term in section 831(f)(3) of this title;

   Struck: "(4) 'military forces of a state' means the armed forces of a country that are organized, trained and equipped under its internal law for the primary purpose of national defense or security and persons acting in support of those armed forces who are under their formal command, control and responsibility;

   Struck: "(5) 'national of the United States' has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));

   Struck: "(6) 'nuclear facility' means:

   Struck: "(A) any nuclear reactor, including reactors on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose;

   Struck: "(B) any plant or conveyance being used for the production, storage, processing or transport of radioactive material; or

   Struck: "(C) a facility (including associated buildings and equipment) in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;

   Struck: "(7) 'nuclear material' has the meaning given that term in section 831(f)(1) of this title;

   Struck: "(8) 'radioactive material' means nuclear material and other radioactive substances that contain nuclides that undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and that may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment;

   Struck: "(9) 'serious bodily injury' has the meaning given that term in section 831(f)(4) of this title;

   Struck: "(10) 'state' has the same meaning as that term has under international law, and includes all political subdivisions thereof;

   Struck: "(11) 'state or government facility' has the meaning given that term in section 2332f(e)(3) of this title;

   Struck: "(12) 'United States corporation or legal entity' means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession or district of the United States;

   Struck: "(13) 'vessel' has the meaning given that term in section 1502(19) of title 33; and

   Struck: "(14) 'vessel of the United States' has the meaning given that term in section 70502 of title 46.".

   Struck: (b) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332h the following:

   Struck: "2332i. Acts of nuclear terrorism.".

   Struck: (c) Disclaimer.--Nothing contained in this section is intended to affect the applicability of any other Federal or State law that might pertain to the underlying conduct.

   Struck: (d) Inclusion in Definition of Federal Crimes of Terrorism.-- Section 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting "2332i (relating to acts of nuclear terrorism)," before "2339 (relating to harboring terrorists)".

   Struck: SEC. 812. AMENDMENT TO SECTION 831 OF TITLE 18, UNITED STATES CODE.

   Struck: Section 831 of title 18, United States Code, is amended--

   Struck: (a) in subsection (a)--

   Struck: (1) by redesignating paragraphs (3) through (8) as paragraphs (4) through (9);

   Struck: (2) by inserting after paragraph (2) the following:

   Struck: "(3) without lawful authority, intentionally carries, sends or moves nuclear material into or out of a country;";

   Struck: (3) in paragraph (8), as redesignated, by striking "an offense under paragraph (1), (2), (3), or (4)" and inserting "any act prohibited under paragraphs (1) through (5)"; and

   Struck: (4) in paragraph (9), as redesignated, by striking "an offense under paragraph (1), (2), (3), or (4)" and inserting "any act prohibited under paragraphs (1) through (7)";

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

   Struck: (1) in paragraph (1), by striking "(7)" and inserting "(8)"; and

   Struck: (2) in paragraph (2), by striking "(8)" and inserting "(9)";

   Struck: (c) in subsection (c)--

   Struck: (1) in subparagraph (2)(A), by adding after "United States" the following: "or a stateless person whose habitual residence is in the United States";

   Struck: (2) by striking paragraph (5);

   Struck: (3) in paragraph (4), by striking "or" at the end; and

   Struck: (4) by inserting after paragraph (4), the following:

   Struck: "(5) the offense is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) or on board an aircraft that is registered under United States law, at the time the offense is committed;

   Struck: "(6) the offense is committed outside the United States and against any state or government facility of the United States; or

   Struck: "(7) the offense is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States.";

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

   Struck: (e) by inserting after subsection (c) the following:

   Struck: "(d) Nonapplicability.--This section does not apply to--

   Struck: "(1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or

   Struck: "(2) activities undertaken by military forces of a state in the exercise of their official duties."; and

   Struck: (f) in subsection (g), as redesignated--

   Struck: (1) in paragraph (6), by striking "and" at the end;

   Struck: (2) in paragraph (7), by striking the period at the end and inserting a semicolon; and

   Struck: (3) by inserting after paragraph (7), the following:

   Struck: "(8) the term 'armed conflict' has the meaning given that term in section 2332f(e)(11) of this title;

   Struck: "(9) the term 'military forces of a state' means the armed forces of a country that are organized, trained and equipped under its internal law for the primary purpose of national defense or security and persons acting in support of those armed forces who are under their formal command, control and responsibility;

   Struck: "(10) the term 'state' has the same meaning as that term has under international law, and includes all political subdivisions thereof;

   Struck: "(11) the term 'state or government facility' has the meaning given that term in section 2332f(e)(3) of this title; and

   Struck: "(12) the term 'vessel of the United States' has the meaning given that term in section 70502 of title 46.".

   Struck: Passed the House of Representatives May 13, 2015.

   Inserted: (C) by adding at the end the following new paragraphs:

   Inserted: "(4) a good faith estimate of the total number of individuals whose electronic or wire communications information was obtained through the use of pen register or trap and trace devices authorized under an order entered under this title, rounded to the nearest 100; and

   Inserted: "(5) a good faith estimate of the total number of United States persons whose electronic or wire communications information was obtained through the use of a pen register or trap and trace devices authorized under an order entered under this title, rounded to the nearest 100."; and

   Inserted: (2) by adding at the end the following new subsection:

   Inserted: "(c)(1) Each report required under subsection (b) shall be submitted in unclassified form.

   Inserted: "(2) Not later than 7 days after a report is submitted under subsection (b), the Attorney General shall make such report publicly available.".

   Inserted: (c) Access to Certain Business Records.--Section 502 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended--

   Inserted: (1) in subsection (b)(3), by adding at the end the following new subparagraphs:

   Inserted: "(F) Records concerning electronic communications.

   Inserted: "(G) Records concerning wire communications."; and

   Inserted: (2) in subsection (c)--

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

   Show 33 more inserted paragraphsShow less

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

   Inserted: (ii) in subparagraph (B), by striking the period at the end and inserting a semicolon; and

   Inserted: (iii) by adding at the end the following new subparagraphs:

   Inserted: "(C) a good faith estimate of the total number of individuals whose tangible things were produced under an order entered under section 501, rounded to the nearest 100; and

   Inserted: "(D) a good faith estimate of the total number of United States persons whose tangible things were produced under an order entered under section 501, rounded to the nearest 100."; and

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

   Inserted: "(3) Not later than 7 days after the date on which a report is submitted under paragraph (1), the Attorney General shall make such report publicly available.".

   Inserted: (d) Additional Procedures Regarding Certain Persons Outside the United States.--Section 707 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881f) is amended by adding at the end the following new subsection:

   Inserted: "(c) Additional Annual Report.--

   Inserted: "(1) Report required.--In April of each year, the Attorney General shall submit to the congressional intelligence committees and the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding year--

   Inserted: "(A) the total number of--

   Inserted: "(i) directives issued under section 702;

   Inserted: "(ii) orders granted under section 703; and

   Inserted: "(iii) orders granted under section 704;

   Inserted: "(B) good faith estimates of the total number of individuals, rounded to the nearest 100, whose electronic or wire communications or communications records were collected pursuant to--

   Inserted: "(i) an order granted under section 703; and

   Inserted: "(ii) an order granted under section 704; and

   Inserted: "(C) good faith estimates of the total number, rounded to the nearest 100, of United States persons whose electronic or wire communications or communications records were collected pursuant to--

   Inserted: "(i) an order granted under section 703; and

   Inserted: "(ii) an order granted under section 704.

   Inserted: "(2) Form.--Each report required under paragraph (1) shall be submitted in unclassified form.

   Inserted: "(3) Public availability.--Not later than 7 days after the date on which a report is submitted under paragraph (1), the Attorney General shall make such report publicly available.".

   Inserted: TITLE VII--OTHER MATTERS

   Inserted: SEC. 701. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA AUTHORITY.

   Inserted: Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended--

   Inserted: (1) in paragraph (1)(D), by striking "submit a written request to the Attorney General of the United States that the Attorney General";

   Inserted: (2) by striking paragraph (2); and

   Inserted: (3) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3).

   Inserted: SEC. 702. SCOPE OF LIABILITY PROTECTION FOR PROVIDING ASSISTANCE TO THE GOVERNMENT.

   Inserted: Section 802 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1885a) is amended--

   Inserted: (1) in subsection (a), in the matter preceding paragraph (1), by inserting "and except as provided in subsection (j)," after "law,"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(j) Violation of User Agreements.--Subsection (a) shall not apply to assistance provided by a person if the provision of assistance violates a user agreement, including any privacy policy associated with the user agreement, in effect at the time the assistance is provided between the person and the person relating to whom the assistance was provided.".

   Original wording

   Strike all after the enacting clause and insert the following:

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As printed