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HR 3361
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| [Congressional Bills 113th Congress] | |
| [From the U.S. Government Printing Office] | |
| [H.R. 3361 Reported in House (RH)] | |
| Union Calendar No. 334 | |
| 113th CONGRESS | |
| 2d Session | |
| H. R. 3361 | |
| [Report No. 113-452, Parts I and II] | |
| To reform the authorities of the Federal Government to require the | |
| production of certain business records, conduct electronic | |
| surveillance, use pen registers and trap and trace devices, and use | |
| other forms of information gathering for foreign intelligence, | |
| counterterrorism, and criminal purposes, and for other purposes. | |
| _______________________________________________________________________ | |
| IN THE HOUSE OF REPRESENTATIVES | |
| October 29, 2013 | |
| Mr. Sensenbrenner (for himself, Mr. Conyers, Ms. Lofgren, Mr. Amash, | |
| Mr. Nadler, Mr. Roe of Tennessee, Ms. Jackson Lee, Mr. Farr, Mr. Polis, | |
| Ms. Chu, Ms. Bass, Mr. Richmond, Mr. Thompson of Mississippi, Ms. | |
| DelBene, Mr. Rohrabacher, Mr. Mica, Mr. Young of Alaska, Mr. Petri, Mr. | |
| Sanford, Mr. Welch, Mr. Grayson, Mr. Duncan of South Carolina, Ms. | |
| Eshoo, Mr. Rokita, Mr. Smith of Missouri, Mr. Stewart, Mr. Amodei, Mr. | |
| Yoho, Mr. Jeffries, Ms. Norton, Mr. Deutch, Mr. Scott of Virginia, Mr. | |
| Quigley, Mr. Hunter, Mr. Garamendi, Mr. Mullin, Mr. Massie, Ms. Lee of | |
| California, Ms. Moore, Mr. Duffy, Ms. Gabbard, Mr. Coble, Mr. Terry, | |
| Mr. Graves of Georgia, Mr. Pocan, Mr. O'Rourke, Mr. Labrador, Mr. | |
| Huffman, Mr. Gowdy, Mr. Coffman, Mr. Mulvaney, Mr. Burgess, Mr. Issa, | |
| Mr. Moran, Mr. Gibson, Mr. Honda, Ms. Speier, Mr. Johnson of Georgia, | |
| Mr. Gohmert, Mr. Yoder, Mr. Gene Green of Texas, Mr. Huelskamp, Mr. | |
| Capuano, Mr. Bentivolio, Mr. Jones, Mr. Thompson of Pennsylvania, Mr. | |
| Buchanan, Mr. Long, Mr. Ellison, Mr. Daines, Mr. Michaud, Mr. | |
| Lowenthal, Mr. Pearce, Mr. Poe of Texas, Mr. Bera of California, Mr. | |
| Griffin of Arkansas, Mr. Blumenauer, Mr. Schweikert, and Mr. | |
| Fitzpatrick) introduced the following bill; which was referred to the | |
| Committee on the Judiciary, and in addition to the Select Committee on | |
| Intelligence (Permanent Select) and Financial Services, for a period to | |
| be subsequently determined by the Speaker, in each case for | |
| consideration of such provisions as fall within the jurisdiction of the | |
| committee concerned | |
| May 15, 2014 | |
| Additional sponsors: Mr. Enyart, Mr. Lewis, Ms. Hanabusa, Mr. | |
| Farenthold, Ms. McCollum, Mr. Smith of New Jersey, Mr. Horsford, Mr. | |
| McClintock, Mr. Tierney, Ms. Pingree of Maine, Ms. Kuster, Mr. | |
| McGovern, Mr. Perry, Mr. Larsen of Washington, Mr. Ribble, Ms. | |
| Bonamici, Mr. Cummings, Mr. Nugent, Mr. LaMalfa, Ms. Brownley of | |
| California, Mr. Carson of Indiana, Mr. Kingston, Mr. Luetkemeyer, Mrs. | |
| Noem, Ms. Shea-Porter, Mr. Salmon, Mr. Fleming, Mr. DeFazio, Mr. Vela, | |
| Mr. McDermott, Mr. Stockman, Ms. Schakowsky, Mr. Grijalva, Mr. | |
| Cicilline, Mr. Courtney, Mr. Messer, Mr. Jordan, Mrs. Capps, Ms. | |
| DeLauro, Ms. Matsui, Mr. Broun of Georgia, Mr. Keating, Mr. Weber of | |
| Texas, Mr. Schrader, Mr. Austin Scott of Georgia, Mr. Bridenstine, Mr. | |
| Kennedy, Mr. Sherman, Mr. Garrett, Mr. Lynch, Mr. Swalwell of | |
| California, Mr. Ben Ray Lujan of New Mexico, Mr. Duncan of Tennessee, | |
| Mr. Guthrie, Mr. Campbell, Mr. Doyle, Ms. Clark of Massachusetts, Mrs. | |
| Carolyn B. Maloney of New York, Mr. Tonko, Ms. Tsongas, Mr. Marchant, | |
| Mr. Gardner, Mr. Neal, Mrs. Napolitano, Mr. Wilson of South Carolina, | |
| Mr. Cohen, Mr. Lance, Mr. Peters of Michigan, Mr. Gosar, Ms. DeGette, | |
| Mr. Serrano, Ms. Herrera Beutler, Mr. Goodlatte, and Mr. Wittman | |
| May 15, 2014 | |
| Reported from the Committee on the Judiciary with an amendment | |
| [Strike out all after the enacting clause and insert the part printed | |
| in italic] | |
| May 15, 2014 | |
| Reported from the Select Committee on Intelligence (Permanent Select) | |
| with an amendment | |
| [Strike out all after the enacting clause and insert the part printed | |
| in boldface roman] | |
| May 15, 2014 | |
| The Committee on Financial Services discharged; committed to the | |
| Committee of the Whole House on the State of the Union and ordered to | |
| be printed | |
| [For text of introduced bill, see copy of bill as introduced on October | |
| 29, 2013] | |
| _______________________________________________________________________ | |
| A BILL | |
| To reform the authorities of the Federal Government to require the | |
| production of certain business records, conduct electronic | |
| surveillance, use pen registers and trap and trace devices, and use | |
| other forms of information gathering for foreign intelligence, | |
| counterterrorism, and criminal purposes, and for other purposes. | |
| Be it enacted by the Senate and House of Representatives of the | |
| United States of America in Congress assembled, | |
| SECTION 1. SHORT TITLE; TABLE OF CONTENTS. | |
| (a) Short Title.--This Act may be cited as the ``USA FREEDOM Act''. | |
| (b) Table of Contents.--The table of contents for this Act is as | |
| follows: | |
| Sec. 1. Short title; table of contents. | |
| Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of | |
| 1978. | |
| TITLE I--FISA BUSINESS RECORDS REFORMS | |
| Sec. 101. Additional requirements for call detail records. | |
| Sec. 102. Emergency authority. | |
| Sec. 103. Prohibition on bulk collection of tangible things. | |
| Sec. 104. Judicial review of minimization procedures for the production | |
| of tangible things. | |
| Sec. 105. Liability protection. | |
| Sec. 106. Compensation for assistance. | |
| Sec. 107. Definitions. | |
| Sec. 108. Inspector general reports on business records orders. | |
| Sec. 109. Effective date. | |
| TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM | |
| Sec. 201. Prohibition on bulk collection. | |
| Sec. 202. Minimization procedures. | |
| TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED | |
| STATES REFORMS | |
| Sec. 301. Prohibition on reverse targeting. | |
| Sec. 302. Minimization procedures. | |
| Sec. 303. Limits on use of unlawfully obtained information. | |
| TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS | |
| Sec. 401. Appointment of amicus curiae. | |
| Sec. 402. Declassification of decisions, orders, and opinions. | |
| TITLE V--NATIONAL SECURITY LETTER REFORM | |
| Sec. 501. Prohibition on bulk collection. | |
| TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS | |
| Sec. 601. Additional reporting on orders requiring production of | |
| business records. | |
| Sec. 602. Business records compliance reports to Congress. | |
| Sec. 603. Annual report by the Director of the Administrative Office of | |
| the United States Courts on orders entered. | |
| Sec. 604. Public reporting by persons subject to FISA orders. | |
| Sec. 605. Reporting requirements for decisions of the Foreign | |
| Intelligence Surveillance Court. | |
| Sec. 606. Submission of reports under FISA. | |
| TITLE VII--SUNSETS | |
| Sec. 701. Sunsets. | |
| SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF | |
| 1978. | |
| Except as otherwise expressly provided, whenever in this Act an | |
| amendment or repeal is expressed in terms of an amendment to, or a | |
| repeal of, a section or other provision, the reference shall be | |
| considered to be made to a section or other provision of the Foreign | |
| Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). | |
| TITLE I--FISA BUSINESS RECORDS REFORMS | |
| SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS. | |
| (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is | |
| amended-- | |
| (1) in subparagraph (A)-- | |
| (A) in the matter preceding clause (i), by striking | |
| ``a statement'' and inserting ``in the case of an | |
| application other than an application described in | |
| subparagraph (C), a statement''; and | |
| (B) in clause (iii), by striking ``; and'' and | |
| inserting a semicolon; | |
| (2) by redesignating subparagraphs (A) and (B) as | |
| subparagraphs (B) and (D), respectively; and | |
| (3) by inserting after subparagraph (B) (as so | |
| redesignated) the following new subparagraph: | |
| ``(C) in the case of an application for the | |
| production of call detail records created on or after | |
| the date of the application, a statement of facts | |
| showing that-- | |
| ``(i) there are reasonable grounds to | |
| believe that the call detail records sought to | |
| be produced based on the specific selection | |
| term required under subparagraph (A) are | |
| relevant to an authorized investigation (other | |
| than a threat assessment) conducted in | |
| accordance with subsection (a)(2) to protect | |
| against international terrorism; and | |
| ``(ii) there are facts giving rise to a | |
| reasonable, articulable suspicion that such | |
| specific selection term is associated with a | |
| foreign power or an agent of a foreign power; | |
| and''. | |
| (b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended-- | |
| (1) in subparagraph (D), by striking ``; and'' and | |
| inserting a semicolon; | |
| (2) in subparagraph (E), by striking the period and | |
| inserting ``; and''; and | |
| (3) by adding at the end the following new subparagraph: | |
| ``(F) in the case of an application described in | |
| subsection (b)(2)(C), shall-- | |
| ``(i) authorize the production of call | |
| detail records for a period not to exceed 180 | |
| days; | |
| ``(ii) provide that an order for such | |
| production may be extended upon application | |
| under subsection (b) and the judicial finding | |
| under paragraph (1); | |
| ``(iii) provide that the Government may | |
| require the production of call detail records-- | |
| ``(I) using the specific selection | |
| term that satisfies the standard | |
| required under subsection (b)(2)(C)(ii) | |
| as the basis for production; and | |
| ``(II) using the results of the | |
| production under subclause (I) as the | |
| basis for production; | |
| ``(iv) 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 | |
| ``(v) direct the Government to destroy all | |
| call detail records produced under the order | |
| not later than 5 years after the date of the | |
| production of such records, except for records | |
| that are relevant to an authorized | |
| investigation (other than a threat assessment) | |
| conducted in accordance with subsection (a)(2) | |
| to protect against international terrorism.''. | |
| SEC. 102. EMERGENCY AUTHORITY. | |
| (a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding | |
| at the end the following new subsection: | |
| ``(i) Emergency Authority for Production of Tangible Things.-- | |
| ``(1) Notwithstanding any other provision of this section, | |
| the Attorney General may require the emergency production of | |
| tangible things if the Attorney General-- | |
| ``(A) reasonably determines that an emergency | |
| situation requires the production of tangible things | |
| before an order authorizing such production can with | |
| due diligence be obtained; | |
| ``(B) reasonably determines that the factual basis | |
| for the issuance of an order under this section to | |
| approve such production of tangible things exists; | |
| ``(C) informs, either personally or through a | |
| designee, a judge having jurisdiction under this | |
| section at the time the Attorney General requires the | |
| emergency production of tangible things that the | |
| decision has been made to employ the authority under | |
| this subsection; and | |
| ``(D) makes an application in accordance with this | |
| section to a judge having jurisdiction under this | |
| section as soon as practicable, but not later than 7 | |
| days after the Attorney General requires the emergency | |
| production of tangible things under this subsection. | |
| ``(2) If the Attorney General authorizes the emergency | |
| production of tangible things under paragraph (1), the Attorney | |
| General shall require that the minimization procedures required | |
| by this section for the issuance of a judicial order be | |
| followed. | |
| ``(3) In the absence of a judicial order approving the | |
| production of tangible things under this subsection, the | |
| production shall terminate when the information sought is | |
| obtained, when the application for the order is denied, or | |
| after the expiration of 7 days from the time the Attorney | |
| General begins requiring the emergency production of such | |
| tangible things, whichever is earliest. | |
| ``(4) A denial of the application made under this | |
| subsection may be reviewed as provided in this section. | |
| ``(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 political subdivision thereof, and no information | |
| concerning any United States person acquired from such | |
| production shall subsequently be used or disclosed in any other | |
| manner by Federal officers or employees without the consent of | |
| such person, except with the approval of the Attorney General | |
| if the information indicates a threat of death or serious | |
| bodily harm to any person. | |
| ``(6) The Attorney General shall assess compliance with the | |
| requirements of paragraph (5).''. | |
| (b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is | |
| amended-- | |
| (1) in paragraph (1)-- | |
| (A) in the matter preceding subparagraph (A), by | |
| striking ``pursuant to an order'' and inserting | |
| ``pursuant to an order issued or an emergency | |
| production required''; | |
| (B) in subparagraph (A), by striking ``such order'' | |
| and inserting ``such order or such emergency | |
| production''; and | |
| (C) in subparagraph (B), by striking ``the order'' | |
| and inserting ``the order or the emergency | |
| production''; and | |
| (2) in paragraph (2)-- | |
| (A) in subparagraph (A), by striking ``an order'' | |
| and inserting ``an order or emergency production''; and | |
| (B) in subparagraph (B), by striking ``an order'' | |
| and inserting ``an order or emergency production''. | |
| SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS. | |
| (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as | |
| amended by section 101(a) of this Act, is further amended by inserting | |
| before subparagraph (B), as redesignated by such section 101(a) of this | |
| Act, the following new subparagraph: | |
| ``(A) a specific selection term to be used as the | |
| basis for the production of the tangible things | |
| sought;''. | |
| (b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended-- | |
| (1) in paragraph (2)(A), by striking the semicolon and | |
| inserting ``, including each specific selection term to be used | |
| as the basis for the production;''; and | |
| (2) by adding at the end the following new paragraph: | |
| ``(3) No order issued under this subsection may authorize the | |
| collection of tangible things without the use of a specific selection | |
| term that meets the requirements of subsection (b)(2).''. | |
| SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCEDURES FOR THE PRODUCTION | |
| OF TANGIBLE THINGS. | |
| 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)''. | |
| SEC. 105. LIABILITY PROTECTION. | |
| Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows: | |
| ``(e) No cause of action shall lie in any court against a person | |
| who produces tangible things or provides information, facilities, or | |
| technical assistance pursuant to an order issued or an emergency | |
| production required under this section. Such production shall not be | |
| deemed to constitute a waiver of any privilege in any other proceeding | |
| or context.''. | |
| SEC. 106. COMPENSATION FOR ASSISTANCE. | |
| Section 501 (50 U.S.C. 1861), as amended by section 102 of this | |
| Act, is further amended by adding at the end the following new | |
| subsection: | |
| ``(j) Compensation.--The Government shall compensate, at the | |
| prevailing rate, a person for producing tangible things or providing | |
| information, facilities, or assistance in accordance with an order | |
| issued or an emergency production required under this section.''. | |
| SEC. 107. DEFINITIONS. | |
| Section 501 (50 U.S.C. 1861), as amended by section 106 of this | |
| Act, is further amended by adding at the end the following new | |
| subsection: | |
| ``(k) Definitions.--In this section: | |
| ``(1) Call detail record defined.--The term `call detail | |
| record'-- | |
| ``(A) means session identifying information | |
| (including originating or terminating telephone number, | |
| International Mobile Subscriber Identity number, or | |
| International Mobile Station Equipment Identity | |
| number), a telephone calling card number, or the time | |
| or duration of a call; and | |
| ``(B) does not include-- | |
| ``(i) the contents of any communication (as | |
| defined in section 2510(8) of title 18, United | |
| States Code); | |
| ``(ii) the name, address, or financial | |
| information of a subscriber or customer; or | |
| ``(iii) cell site location information. | |
| ``(2) Specific selection term.--The term `specific | |
| selection term' means a term used to uniquely describe a | |
| person, entity, or account.''. | |
| SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS. | |
| Section 106A of the USA PATRIOT Improvement and Reauthorization Act | |
| of 2005 (Public Law 109-177; 120 Stat. 200) is amended-- | |
| (1) in subsection (b)-- | |
| (A) in paragraph (1), by inserting ``and calendar | |
| years 2012 through 2014'' after ``2006''; | |
| (B) by striking paragraphs (2) and (3); | |
| (C) by redesignating paragraphs (4) and (5) as | |
| paragraphs (2) and (3), respectively; and | |
| (D) in paragraph (3) (as so redesignated)-- | |
| (i) by striking subparagraph (C) and | |
| inserting the following new subparagraph: | |
| ``(C) with respect to calendar years 2012 through | |
| 2014, an examination of the minimization procedures | |
| used in relation to orders under section 501 of the | |
| Foreign Intelligence Surveillance Act of 1978 (50 | |
| U.S.C. 1861) and whether the minimization procedures | |
| adequately protect the constitutional rights of United | |
| States persons;''; and | |
| (ii) in subparagraph (D), by striking ``(as | |
| such term is defined in section 3(4) of the | |
| National Security Act of 1947 (50 U.S.C. | |
| 401a(4)))''; | |
| (2) in subsection (c), by adding at the end the following | |
| new paragraph: | |
| ``(3) Calendar years 2012 through 2014.--Not later than | |
| December 31, 2015, the Inspector General of the Department of | |
| Justice shall submit to the Committee on the Judiciary and the | |
| Select Committee on Intelligence of the Senate and the | |
| Committee on the Judiciary and the Permanent Select Committee | |
| on Intelligence of the House of Representatives a report | |
| containing the results of the audit conducted under subsection | |
| (a) for calendar years 2012 through 2014.''; | |
| (3) by redesignating subsections (d) and (e) as subsections | |
| (e) and (f), respectively; | |
| (4) by inserting after subsection (c) the following new | |
| subsection: | |
| ``(d) Intelligence Assessment.-- | |
| ``(1) In general.--For the period beginning on January 1, | |
| 2012, and ending on December 31, 2014, the Inspector General of | |
| the Intelligence Community shall assess-- | |
| ``(A) the importance of the information acquired | |
| under title V of the Foreign Intelligence Surveillance | |
| Act of 1978 (50 U.S.C. 1861 et seq.) to the activities | |
| of the intelligence community; | |
| ``(B) the manner in which that information was | |
| collected, retained, analyzed, and disseminated by the | |
| intelligence community; | |
| ``(C) the minimization procedures used by elements | |
| of the intelligence community under such title and | |
| whether the minimization procedures adequately protect | |
| the constitutional rights of United States persons; and | |
| ``(D) any minimization procedures proposed by an | |
| element of the intelligence community under such title | |
| that were modified or denied by the court established | |
| under section 103(a) of such Act (50 U.S.C. 1803(a)). | |
| ``(2) Submission date for assessment.--Not later than | |
| December 31, 2015, the Inspector General of the Intelligence | |
| Community shall submit to the Committee on the Judiciary and | |
| the Select Committee on Intelligence of the Senate and the | |
| Committee on the Judiciary and the Permanent Select Committee | |
| on Intelligence of the House of Representatives a report | |
| containing the results of the assessment for calendar years | |
| 2012 through 2014.''; | |
| (5) in subsection (e), as redesignated by paragraph (3)-- | |
| (A) in paragraph (1)-- | |
| (i) by striking ``a report under subsection | |
| (c)(1) or (c)(2)'' and inserting ``any report | |
| under subsection (c) or (d)''; and | |
| (ii) by striking ``Inspector General of the | |
| Department of Justice'' and inserting | |
| ``Inspector General of the Department of | |
| Justice, the Inspector General of the | |
| Intelligence Community, and any Inspector | |
| General of an element of the intelligence | |
| community that prepares a report to assist the | |
| Inspector General of the Department of Justice | |
| or the Inspector General of the Intelligence | |
| Community in complying with the requirements of | |
| this section''; and | |
| (B) in paragraph (2), by striking ``the reports | |
| submitted under subsections (c)(1) and (c)(2)'' and | |
| inserting ``any report submitted under subsection (c) | |
| or (d)''; | |
| (6) in subsection (f), as redesignated by paragraph (3)-- | |
| (A) by striking ``The reports submitted under | |
| subsections (c)(1) and (c)(2)'' and inserting ``Each | |
| report submitted under subsection (c)''; and | |
| (B) by striking ``subsection (d)(2)'' and inserting | |
| ``subsection (e)(2)''; and | |
| (7) by adding at the end the following new subsection: | |
| ``(g) Definitions.--In this section: | |
| ``(1) Intelligence community.--The term `intelligence | |
| community' has the meaning given that term in section 3 of the | |
| National Security Act of 1947 (50 U.S.C. 3003). | |
| ``(2) United states person.--The term `United States | |
| person' has the meaning given that term in section 101 of the | |
| Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. | |
| 1801).''. | |
| SEC. 109. EFFECTIVE DATE. | |
| 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. | |
| TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM | |
| SEC. 201. PROHIBITION ON BULK COLLECTION. | |
| (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended-- | |
| (1) in paragraph (1), by striking ``; and'' and inserting a | |
| semicolon; | |
| (2) in paragraph (2), by striking the period and inserting | |
| a semicolon; and | |
| (3) by adding at the end the following new paragraph: | |
| ``(3) a specific selection term to be used as the basis for | |
| selecting the telephone line or other facility to which the pen | |
| register or trap and trace device is to be attached or applied; | |
| and''. | |
| (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding | |
| at the end the following new paragraph: | |
| ``(4) The term `specific selection term' has the meaning | |
| given the term in section 501.''. | |
| SEC. 202. MINIMIZATION PROCEDURES. | |
| (a) Definition.--Section 401 (50 U.S.C. 1841), as amended by | |
| section 201 of this Act, is further amended by adding at the end the | |
| following new paragraph: | |
| ``(5) The term `minimization procedures' means-- | |
| ``(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 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; | |
| ``(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 | |
| ``(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.''. | |
| (b) Application.--Section 402(c) (50 U.S.C. 1842(c)), as amended by | |
| section 201 of this Act, is further amended by adding at the end the | |
| following new paragraph: | |
| ``(4) a statement of proposed minimization procedures.''. | |
| (c) Order.--Section 402(d) (50 U.S.C. 1842(d)) is amended-- | |
| (1) 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 | |
| (2) in paragraph (2)(B)-- | |
| (A) in clause (ii)(II), by striking ``; and'' and | |
| inserting a semicolon; and | |
| (B) by adding at the end the following new clause: | |
| ``(iv) the minimization procedures be followed; | |
| and''. | |
| (d) Compliance Assessment.--Section 402 (50 U.S.C. 1842) is amended | |
| by adding at the end the following new subsection: | |
| ``(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 retained or disseminated.''. | |
| TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED | |
| STATES REFORMS | |
| SEC. 301. PROHIBITION ON REVERSE TARGETING. | |
| Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is amended by striking | |
| ``the purpose'' and inserting ``a purpose''. | |
| SEC. 302. MINIMIZATION PROCEDURES. | |
| Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amended-- | |
| (1) by striking ``that meet'' and inserting the following: | |
| ``that-- | |
| ``(A) meet''; | |
| (2) in subparagraph (A) (as designated by paragraph (1) of | |
| this section), by striking the period and inserting ``; and''; | |
| and | |
| (3) by adding at the end the following new subparagraph: | |
| ``(B) consistent with such definition, minimize the | |
| acquisition, and prohibit the retention and | |
| dissemination, of any communication as to which the | |
| sender and all intended recipients are determined to be | |
| located in the United States and prohibit the use of | |
| any discrete, non-target communication that is | |
| determined to be to or from a United States person or a | |
| person who appears to be located in the United States, | |
| except to protect against an immediate threat to human | |
| life.''. | |
| SEC. 303. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION. | |
| Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at | |
| the end the following new subparagraph: | |
| ``(D) Limitation on use of information.-- | |
| ``(i) In general.--Except as provided in | |
| clause (ii), no information obtained or | |
| evidence derived from an acquisition pursuant | |
| to a certification or targeting or minimization | |
| procedures subject to an order under | |
| subparagraph (B) 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. | |
| ``(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 | |
| acquired before the date of the correction | |
| under such minimization procedures as the Court | |
| shall establish for purposes of this clause.''. | |
| TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS | |
| SEC. 401. APPOINTMENT OF AMICUS CURIAE. | |
| Section 103 (50 U.S.C. 1803) is amended by adding at the end the | |
| following new subsection: | |
| ``(i) Amicus Curiae.-- | |
| ``(1) Authorization.--A court established under subsection | |
| (a) or (b), consistent with the requirement of subsection (c) | |
| and any other statutory requirement that the court act | |
| expeditiously or within a stated time-- | |
| ``(A) shall appoint an individual 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 | |
| written finding that such appointment is not | |
| appropriate; and | |
| ``(B) may appoint an individual to serve as amicus | |
| curiae in any other instance as such court deems | |
| appropriate. | |
| ``(2) Designation.--The presiding judges of the courts | |
| established under subsections (a) and (b) shall jointly | |
| designate not less than 5 individuals to be eligible to serve | |
| as amicus curiae. Such individuals shall be persons who possess | |
| expertise in privacy and civil liberties, intelligence | |
| collection, telecommunications, or any other area of law that | |
| may lend legal or technical expertise to the courts and who | |
| have been determined by appropriate executive branch officials | |
| to be eligible for access to classified information. | |
| ``(3) Duties.--An individual appointed to serve as amicus | |
| curiae under paragraph (1) shall carry out the duties assigned | |
| by the appointing court. Such court may authorize the | |
| individual appointed to serve as amicus curiae to review any | |
| application, certification, petition, motion, or other | |
| submission that the court determines is relevant to the duties | |
| assigned by the court. | |
| ``(4) Notification.--The presiding judges of the courts | |
| established under subsections (a) and (b) shall notify the | |
| Attorney General of each exercise of the authority to appoint | |
| an individual to serve as amicus curiae under paragraph (1). | |
| ``(5) Assistance.--A court established under subsection (a) | |
| or (b) may request and receive (including on a non-reimbursable | |
| basis) the assistance of the executive branch in the | |
| implementation of this subsection. | |
| ``(6) Administration.--A court established under subsection | |
| (a) or (b) may provide for the designation, appointment, | |
| removal, training, or other support for an individual appointed | |
| to serve as amicus curiae under paragraph (1) in a manner that | |
| is not inconsistent with this subsection.''. | |
| SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS. | |
| (a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is | |
| amended-- | |
| (1) in the heading, by striking ``REPORTING REQUIREMENT'' | |
| and inserting ``OVERSIGHT''; and | |
| (2) by adding at the end the following new section: | |
| ``SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND | |
| OPINIONS. | |
| ``(a) Declassification Required.--Subject to subsection (b), the | |
| 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 this Act and, | |
| consistent with that review, make publicly available to the greatest | |
| extent practicable each such decision, order, or opinion. | |
| ``(b) Redacted Form.--The Attorney General may satisfy the | |
| requirement under subsection (a) to make a decision, order, or opinion | |
| described in such subsection publicly available to the greatest extent | |
| practicable by making such decision, order, or opinion publicly | |
| available in redacted form. | |
| ``(c) National Security Waiver.--The Attorney General may waive the | |
| requirement to declassify and make publicly available a particular | |
| decision, order, or opinion under subsection (a) if the Attorney | |
| General-- | |
| ``(1) determines that a waiver of such requirement is | |
| necessary to protect the national security of the United States | |
| or properly classified intelligence sources or methods; and | |
| ``(2) makes publicly available an unclassified summary of | |
| such decision, order, or opinion.''. | |
| (b) Table of Contents Amendments.--The table of contents in the | |
| first section is amended-- | |
| (1) by striking the item relating to title VI and inserting | |
| the following new item: | |
| ``TITLE VI--OVERSIGHT''; and | |
| (2) by inserting after the item relating to section 601 the | |
| following new item: | |
| ``Sec. 602. Declassification of significant decisions, orders, and | |
| opinions.''. | |
| TITLE V--NATIONAL SECURITY LETTER REFORM | |
| SEC. 501. PROHIBITION ON BULK COLLECTION. | |
| (a) Counterintelligence Access to Telephone Toll and Transactional | |
| Records.--Section 2709(b) of title 18, United States Code, is amended | |
| in the matter preceding paragraph (1) by striking ``may'' and inserting | |
| ``may, using a specific selection term as the basis for a request''. | |
| (b) Access to Financial Records for Certain Intelligence and | |
| Protective Purposes.--Section 1114(a)(2) of the Right to Financial | |
| Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the | |
| period and inserting ``and a specific selection term to be used as the | |
| basis for the production and disclosure of financial records.''. | |
| (c) Disclosures to FBI of Certain Consumer Records for | |
| Counterintelligence Purposes.--Section 626(a) of the Fair Credit | |
| Reporting Act (15 U.S.C. 1681u(a)) is amended by striking ``that | |
| information,'' and inserting ``that information that includes a | |
| specific selection term to be used as the basis for the production of | |
| that information,''. | |
| (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 a specific selection term to be used as | |
| the basis for the production of such information.''. | |
| (e) Definitions.-- | |
| (1) Counterintelligence access to telephone toll and | |
| transactional records.--Section 2709 of title 18, United States | |
| Code, is amended by adding at the end the following new | |
| subsection: | |
| ``(g) Specific Selection Term Defined.--In this section, the term | |
| `specific selection term' has the meaning given the term in section 501 | |
| of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. | |
| 1861).''. | |
| (2) 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 by | |
| adding at the end the following new subsection: | |
| ``(e) In this section, the term `specific selection term' has the | |
| meaning given the term in section 501 of the Foreign Intelligence | |
| Surveillance Act of 1978 (50 U.S.C. 1861).''. | |
| (3) 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 by adding at the end | |
| the following new subsection: | |
| ``(n) Specific Selection Term Defined.--In this section, the term | |
| `specific selection term' has the meaning given the term in section 501 | |
| of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. | |
| 1861).''. | |
| (4) Disclosures to governmental agencies for | |
| counterterrorism purposes of consumer reports.--Section 627 of | |
| the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by | |
| adding at the end the following new subsection: | |
| ``(g) Specific Selection Term Defined.--In this section, the term | |
| `specific selection term' has the meaning given the term in section 501 | |
| of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. | |
| 1861).''. | |
| TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS | |
| SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF | |
| BUSINESS RECORDS. | |
| Section 502(b) (50 U.S.C. 1862(b)) is amended-- | |
| (1) by redesignating paragraphs (1), (2), and (3) as | |
| paragraphs (5), (6), and (7), respectively; and | |
| (2) by inserting before paragraph (5) (as so redesignated) | |
| the following new paragraphs: | |
| ``(1) the total number of applications described in section | |
| 501(b)(2)(B) made for orders approving requests for the | |
| production of tangible things; | |
| ``(2) the total number of such orders either granted, | |
| modified, or denied; | |
| ``(3) the total number of applications described in section | |
| 501(b)(2)(C) made for orders approving requests for the | |
| production of call detail records; | |
| ``(4) the total number of such orders either granted, | |
| modified, or denied;''. | |
| SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO CONGRESS. | |
| (a) Business Records Productions.--Section 502(b) (50 U.S.C. | |
| 1862(b)), as amended by section 601 of this Act, is further amended-- | |
| (1) by redesignating paragraphs (1) through (7) as | |
| paragraphs (2) through (8), respectively; and | |
| (2) by inserting before paragraph (2) (as so redesignated) | |
| the following new paragraph: | |
| ``(1) any compliance reviews conducted by the Federal | |
| Government of the production of tangible things under section | |
| 501;''. | |
| (b) FISA Authorities in General.--Section 601(a) (50 U.S.C. | |
| 1871(a)) is amended-- | |
| (1) in paragraph (4), by striking ``; and'' and inserting a | |
| semicolon; | |
| (2) in paragraph (5), by striking the period and inserting | |
| ``; and''; and | |
| (3) by adding at the end the following new paragraph: | |
| ``(6) any compliance reviews conducted by the Federal | |
| Government of electronic surveillance, physical searches, the | |
| installation of pen register or trap and trace devices, access | |
| to records, or acquisitions conducted under this Act.''. | |
| SEC. 603. ANNUAL REPORT BY THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF | |
| THE UNITED STATES COURTS ON ORDERS ENTERED. | |
| (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by | |
| section 402 of this Act, is further amended by adding at the end the | |
| following new section: | |
| ``SEC. 603. ANNUAL REPORT ON ORDERS ENTERED. | |
| ``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 and make publicly available on | |
| an Internet website-- | |
| ``(1) the number of orders entered under each of sections | |
| 105, 304, 402, 501, 702, 703, and 704; | |
| ``(2) the number of orders modified under each of those | |
| sections; | |
| ``(3) the number of orders denied under each of those | |
| sections; and | |
| ``(4) 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.''. | |
| (b) Table of Contents Amendment.--The table of contents in the | |
| first section, as amended by section 402 of this Act, is further | |
| amended by inserting after the item relating to section 602, as added | |
| by such section 402, the following new item: | |
| ``Sec. 603. Annual report on orders entered.''. | |
| SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS. | |
| (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by | |
| section 603 of this Act, is further amended by adding at the end the | |
| following new section: | |
| ``SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS. | |
| ``(a) Reporting.--A person may semiannually publicly report the | |
| following information with respect to the preceding half year using one | |
| of the following structures: | |
| ``(1) A report that aggregates the number of orders or | |
| directives the person was required to comply with in the | |
| following separate categories: | |
| ``(A) Criminal process, subject to no restrictions. | |
| ``(B) The number of national security letters | |
| received, reported in bands of 1000 starting with 0- | |
| 999. | |
| ``(C) The number of customer accounts affected by | |
| national security letters, reported in bands of 1000 | |
| starting with 0-999. | |
| ``(D) The number of orders under this Act for | |
| content, reported in bands of 1000 starting with 0-999. | |
| ``(E) With respect to content orders under this | |
| Act, in bands of 1000 starting with 0-999-- | |
| ``(i) the number of customer accounts | |
| affected under orders under title I; and | |
| ``(ii) the number of customer selectors | |
| targeted under orders under title VII. | |
| ``(F) The number of orders under this Act for non- | |
| content, reported in bands of 1000 starting with 0-999. | |
| ``(G) With respect to non-content orders under this | |
| Act, in bands of 1000 starting with 0-999-- | |
| ``(i) the number of customer accounts | |
| affected under orders under-- | |
| ``(I) title I; | |
| ``(II) title IV; | |
| ``(III) title V with respect to | |
| applications described in section | |
| 501(b)(2)(B); and | |
| ``(IV) title V with respect to | |
| applications described in section | |
| 501(b)(2)(C); and | |
| ``(ii) the number of customer selectors | |
| targeted under orders under title VII. | |
| ``(2) A report that aggregates the number of orders or | |
| directives the person was required to comply with in the | |
| following separate categories: | |
| ``(A) Criminal process, subject to no restrictions. | |
| ``(B) The total number of all national security | |
| process received, including all national security | |
| letters and orders under this Act, reported as a single | |
| number in a band of 0-249 and thereafter in bands of | |
| 250. | |
| ``(C) The total number of customer selectors | |
| targeted under all national security process received, | |
| including all national security letters and orders | |
| under this Act, reported as a single number in a band | |
| of 0-249 and thereafter in bands of 250. | |
| ``(3) A report that aggregates the number of orders or | |
| directives the person was required to comply with in the | |
| following separate categories: | |
| ``(A) Criminal process, subject to no restrictions. | |
| ``(B) The number of national security letters | |
| received, reported in bands of 500 starting with 0-499. | |
| ``(C) The number of customer accounts affected by | |
| national security letters, reported in bands of 500 | |
| starting with 0-499. | |
| ``(D) The number of orders under this Act for | |
| content, reported in bands of 500 starting with 0-499. | |
| ``(E) The number of customer selectors targeted | |
| under such orders, in bands of 500 starting with 0-499. | |
| ``(F) The number of orders under this Act for non- | |
| content, reported in bands of 500 starting with 0-499. | |
| ``(G) The number of customer selectors targeted | |
| under such orders, reported in bands of 500 starting | |
| with 0-499. | |
| ``(b) National Security Letter Defined.--The term `national | |
| security letter' means any of the following provisions: | |
| ``(1) Section 2709 of title 18, United States Code. | |
| ``(2) Section 1114(a)(5)(A) of the Right to Financial | |
| Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)). | |
| ``(3) Subsection (a) or (b) of section 626 of the Fair | |
| Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)). | |
| ``(4) Section 627(a) of the Fair Credit Reporting Act (15 | |
| U.S.C. 1681v(a)).''. | |
| (b) Table of Contents Amendment.--The table of contents in the | |
| first section, as amended by section 603 of this Act, is further | |
| amended by inserting after the item relating to section 603, as added | |
| by section 603 of this Act, the following new item: | |
| ``Sec. 604. Public reporting by persons subject to orders.''. | |
| SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS OF THE FOREIGN | |
| INTELLIGENCE SURVEILLANCE COURT. | |
| Section 601(c)(1) (50 U.S.C. 1871(c)) is amended to read as | |
| follows: | |
| ``(1) not later than 45 days after the date on which the | |
| Foreign Intelligence Surveillance Court or the Foreign | |
| Intelligence Surveillance Court of Review issues a decision, | |
| order, or opinion that includes a significant construction or | |
| interpretation of any provision of this Act or a denial of a | |
| request for an order or a modification of a request for an | |
| order, or results in a change of application of any provision | |
| of this Act or a new application of any provision of this Act-- | |
| ``(A) a copy of such decision, order, or opinion | |
| and any pleadings, applications, or memoranda of law | |
| associated with such decision, order, or opinion; and | |
| ``(B) with respect to such decision, order, or | |
| opinion, a brief statement of the relevant background | |
| factual information, questions of law, legal analysis, | |
| and decision rendered; and''. | |
| SEC. 606. SUBMISSION OF REPORTS UNDER FISA. | |
| (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''. | |
| (b) Physical Searches.--Section 306 (50 U.S.C. 1826) is amended-- | |
| (1) in the first sentence, by striking ``Permanent Select | |
| Committee on Intelligence of the House of Representatives and | |
| the Select Committee on Intelligence of the Senate, and the | |
| Committee on the Judiciary of the Senate,'' and inserting | |
| ``Permanent Select Committee on Intelligence and the Committee | |
| on the Judiciary of the House of Representatives and the Select | |
| Committee on Intelligence and the Committee on the Judiciary of | |
| the Senate''; and | |
| (2) in the second sentence, by striking ``and the Committee | |
| on the Judiciary of the House of Representatives''. | |
| (c) Pen Register and Trap and Trace Devices.--Section 406(b) (50 | |
| U.S.C. 1846(b)) is amended-- | |
| (1) in paragraph (2), by striking ``; and'' and inserting a | |
| semicolon; | |
| (2) in paragraph (3), by striking the period and inserting | |
| a semicolon; and | |
| (3) by adding at the end the following new paragraphs: | |
| ``(4) each department or agency on behalf of which the | |
| Government has made application for orders approving the use of | |
| pen registers or trap and trace devices under this title; and | |
| ``(5) for each department or agency described in paragraph | |
| (4), a breakdown of the numbers required by paragraphs (1), | |
| (2), and (3).''. | |
| (d) Access to Certain Business Records and Other Tangible Things.-- | |
| Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ``Permanent | |
| Select Committee on Intelligence of the House of Representatives and | |
| the Select Committee on Intelligence and the Committee on the Judiciary | |
| of the Senate'' and inserting ``Permanent Select Committee on | |
| Intelligence of the House of Representatives, the Select Committee on | |
| Intelligence of the Senate, and the Committees on the Judiciary of the | |
| House of Representatives and the Senate''. | |
| TITLE VII--SUNSETS | |
| SEC. 701. SUNSETS. | |
| (a) USA PATRIOT Improvement and Reauthorization Act of 2005.-- | |
| Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization | |
| Act of 2005 (50 U.S.C. 1805 note) is amended by striking ``June 1, | |
| 2015'' and inserting ``December 31, 2017''. | |
| (b) Intelligence Reform and Terrorism Prevention Act of 2004.-- | |
| Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention | |
| Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1, | |
| 2015'' and inserting ``December 31, 2017''. | |
| SECTION 1. SHORT TITLE; TABLE OF CONTENTS. | |
| (a) Short Title.--This Act may be cited as the ``USA FREEDOM Act''. | |
| (b) Table of Contents.--The table of contents for this Act is as | |
| follows: | |
| Sec. 1. Short title; table of contents. | |
| Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of | |
| 1978. | |
| TITLE I--FISA BUSINESS RECORDS REFORMS | |
| Sec. 101. Additional requirements for call detail records. | |
| Sec. 102. Emergency authority. | |
| Sec. 103. Prohibition on bulk collection of tangible things. | |
| Sec. 104. Judicial review of minimization procedures for the production | |
| of tangible things. | |
| Sec. 105. Liability protection. | |
| Sec. 106. Compensation for assistance. | |
| Sec. 107. Definitions. | |
| Sec. 108. Inspector general reports on business records orders. | |
| Sec. 109. Effective date. | |
| TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM | |
| Sec. 201. Prohibition on bulk collection. | |
| Sec. 202. Minimization procedures. | |
| TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED | |
| STATES REFORMS | |
| Sec. 301. Prohibition on reverse targeting. | |
| Sec. 302. Minimization procedures. | |
| Sec. 303. Limits on use of unlawfully obtained information. | |
| TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS | |
| Sec. 401. Appointment of amicus curiae. | |
| Sec. 402. Declassification of decisions, orders, and opinions. | |
| TITLE V--NATIONAL SECURITY LETTER REFORM | |
| Sec. 501. Prohibition on bulk collection. | |
| TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS | |
| Sec. 601. Additional reporting on orders requiring production of | |
| business records. | |
| Sec. 602. Business records compliance reports to Congress. | |
| Sec. 603. Annual report by the Director of the Administrative Office of | |
| the United States Courts on orders entered. | |
| Sec. 604. Public reporting by persons subject to FISA orders. | |
| Sec. 605. Reporting requirements for decisions of the Foreign | |
| Intelligence Surveillance Court. | |
| Sec. 606. Submission of reports under FISA. | |
| TITLE VII--SUNSETS | |
| Sec. 701. Sunsets. | |
| SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF | |
| 1978. | |
| Except as otherwise expressly provided, whenever in this Act an | |
| amendment or repeal is expressed in terms of an amendment to, or a | |
| repeal of, a section or other provision, the reference shall be | |
| considered to be made to a section or other provision of the Foreign | |
| Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). | |
| TITLE I--FISA BUSINESS RECORDS REFORMS | |
| SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS. | |
| (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is | |
| amended-- | |
| (1) in subparagraph (A)-- | |
| (A) in the matter preceding clause (i), by striking | |
| ``a statement'' and inserting ``in the case of an | |
| application other than an application described in | |
| subparagraph (C), a statement''; and | |
| (B) in clause (iii), by striking ``; and'' and | |
| inserting a semicolon; | |
| (2) by redesignating subparagraphs (A) and (B) as | |
| subparagraphs (B) and (D), respectively; and | |
| (3) by inserting after subparagraph (B) (as so | |
| redesignated) the following new subparagraph: | |
| ``(C) in the case of an application for the | |
| production of call detail records created on or after | |
| the date of the application, a statement of facts | |
| showing that-- | |
| ``(i) there are reasonable grounds to | |
| believe that the call detail records sought to | |
| be produced based on the specific selection | |
| term required under subparagraph (A) are | |
| relevant to an authorized investigation (other | |
| than a threat assessment) conducted in | |
| accordance with subsection (a)(2) to protect | |
| against international terrorism; and | |
| ``(ii) there are facts giving rise to a | |
| reasonable, articulable suspicion that such | |
| specific selection term is associated with a | |
| foreign power or an agent of a foreign power; | |
| and''. | |
| (b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended-- | |
| (1) in subparagraph (D), by striking ``; and'' and | |
| inserting a semicolon; | |
| (2) in subparagraph (E), by striking the period and | |
| inserting ``; and''; and | |
| (3) by adding at the end the following new subparagraph: | |
| ``(F) in the case of an application described in | |
| subsection (b)(2)(C), shall-- | |
| ``(i) authorize the production of call | |
| detail records for a period not to exceed 180 | |
| days; | |
| ``(ii) provide that an order for such | |
| production may be extended upon application | |
| under subsection (b) and the judicial finding | |
| under paragraph (1); | |
| ``(iii) provide that the Government may | |
| require the production of call detail records-- | |
| ``(I) using the specific selection | |
| term that satisfies the standard | |
| required under subsection (b)(2)(C)(ii) | |
| as the basis for production; and | |
| ``(II) using the results of the | |
| production under subclause (I) as the | |
| basis for production; | |
| ``(iv) 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 | |
| ``(v) direct the Government to destroy all | |
| call detail records produced under the order | |
| not later than 5 years after the date of the | |
| production of such records, except for records | |
| that are relevant to an authorized | |
| investigation (other than a threat assessment) | |
| conducted in accordance with subsection (a)(2) | |
| to protect against international terrorism.''. | |
| SEC. 102. EMERGENCY AUTHORITY. | |
| (a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding | |
| at the end the following new subsection: | |
| ``(i) Emergency Authority for Production of Tangible Things.-- | |
| ``(1) Notwithstanding any other provision of this section, | |
| the Attorney General may require the emergency production of | |
| tangible things if the Attorney General-- | |
| ``(A) reasonably determines that an emergency | |
| situation requires the production of tangible things | |
| before an order authorizing such production can with | |
| due diligence be obtained; | |
| ``(B) reasonably determines that the factual basis | |
| for the issuance of an order under this section to | |
| approve such production of tangible things exists; | |
| ``(C) informs, either personally or through a | |
| designee, a judge having jurisdiction under this | |
| section at the time the Attorney General requires the | |
| emergency production of tangible things that the | |
| decision has been made to employ the authority under | |
| this subsection; and | |
| ``(D) makes an application in accordance with this | |
| section to a judge having jurisdiction under this | |
| section as soon as practicable, but not later than 7 | |
| days after the Attorney General requires the emergency | |
| production of tangible things under this subsection. | |
| ``(2) If the Attorney General authorizes the emergency | |
| production of tangible things under paragraph (1), the Attorney | |
| General shall require that the minimization procedures required | |
| by this section for the issuance of a judicial order be | |
| followed. | |
| ``(3) In the absence of a judicial order approving the | |
| production of tangible things under this subsection, the | |
| production shall terminate when the information sought is | |
| obtained, when the application for the order is denied, or | |
| after the expiration of 7 days from the time the Attorney | |
| General begins requiring the emergency production of such | |
| tangible things, whichever is earliest. | |
| ``(4) A denial of the application made under this | |
| subsection may be reviewed as provided in this section. | |
| ``(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 political subdivision thereof, and no information | |
| concerning any United States person acquired from such | |
| production shall subsequently be used or disclosed in any other | |
| manner by Federal officers or employees without the consent of | |
| such person, except with the approval of the Attorney General | |
| if the information indicates a threat of death or serious | |
| bodily harm to any person. | |
| ``(6) The Attorney General shall assess compliance with the | |
| requirements of paragraph (5).''. | |
| (b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is | |
| amended-- | |
| (1) in paragraph (1)-- | |
| (A) in the matter preceding subparagraph (A), by | |
| striking ``pursuant to an order'' and inserting | |
| ``pursuant to an order issued or an emergency | |
| production required''; | |
| (B) in subparagraph (A), by striking ``such order'' | |
| and inserting ``such order or such emergency | |
| production''; and | |
| (C) in subparagraph (B), by striking ``the order'' | |
| and inserting ``the order or the emergency | |
| production''; and | |
| (2) in paragraph (2)-- | |
| (A) in subparagraph (A), by striking ``an order'' | |
| and inserting ``an order or emergency production''; and | |
| (B) in subparagraph (B), by striking ``an order'' | |
| and inserting ``an order or emergency production''. | |
| SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS. | |
| (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as | |
| amended by section 101(a) of this Act, is further amended by inserting | |
| before subparagraph (B), as redesignated by such section 101(a) of this | |
| Act, the following new subparagraph: | |
| ``(A) a specific selection term to be used as the | |
| basis for the production of the tangible things | |
| sought;''. | |
| (b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended-- | |
| (1) in paragraph (2)(A), by striking the semicolon and | |
| inserting ``, including each specific selection term to be used | |
| as the basis for the production;''; and | |
| (2) by adding at the end the following new paragraph: | |
| ``(3) No order issued under this subsection may authorize the | |
| collection of tangible things without the use of a specific selection | |
| term that meets the requirements of subsection (b)(2).''. | |
| SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCEDURES FOR THE PRODUCTION | |
| OF TANGIBLE THINGS. | |
| 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)''. | |
| SEC. 105. LIABILITY PROTECTION. | |
| Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows: | |
| ``(e) No cause of action shall lie in any court against a person | |
| who produces tangible things or provides information, facilities, or | |
| technical assistance pursuant to an order issued or an emergency | |
| production required under this section. Such production shall not be | |
| deemed to constitute a waiver of any privilege in any other proceeding | |
| or context.''. | |
| SEC. 106. COMPENSATION FOR ASSISTANCE. | |
| Section 501 (50 U.S.C. 1861), as amended by section 102 of this | |
| Act, is further amended by adding at the end the following new | |
| subsection: | |
| ``(j) Compensation.--The Government shall compensate, at the | |
| prevailing rate, a person for producing tangible things or providing | |
| information, facilities, or assistance in accordance with an order | |
| issued or an emergency production required under this section.''. | |
| SEC. 107. DEFINITIONS. | |
| Section 501 (50 U.S.C. 1861), as amended by section 106 of this | |
| Act, is further amended by adding at the end the following new | |
| subsection: | |
| ``(k) Definitions.--In this section: | |
| ``(1) Call detail record defined.--The term `call detail | |
| record'-- | |
| ``(A) means session identifying information | |
| (including originating or terminating telephone number, | |
| International Mobile Subscriber Identity number, or | |
| International Mobile Station Equipment Identity | |
| number), a telephone calling card number, or the time | |
| or duration of a call; and | |
| ``(B) does not include-- | |
| ``(i) the contents of any communication (as | |
| defined in section 2510(8) of title 18, United | |
| States Code); | |
| ``(ii) the name, address, or financial | |
| information of a subscriber or customer; or | |
| ``(iii) cell site location information. | |
| ``(2) Specific selection term.--The term `specific | |
| selection term' means a term used to uniquely describe a | |
| person, entity, or account.''. | |
| SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS ORDERS. | |
| Section 106A of the USA PATRIOT Improvement and Reauthorization Act | |
| of 2005 (Public Law 109-177; 120 Stat. 200) is amended-- | |
| (1) in subsection (b)-- | |
| (A) in paragraph (1), by inserting ``and calendar | |
| years 2012 through 2014'' after ``2006''; | |
| (B) by striking paragraphs (2) and (3); | |
| (C) by redesignating paragraphs (4) and (5) as | |
| paragraphs (2) and (3), respectively; and | |
| (D) in paragraph (3) (as so redesignated)-- | |
| (i) by striking subparagraph (C) and | |
| inserting the following new subparagraph: | |
| ``(C) with respect to calendar years 2012 through | |
| 2014, an examination of the minimization procedures | |
| used in relation to orders under section 501 of the | |
| Foreign Intelligence Surveillance Act of 1978 (50 | |
| U.S.C. 1861) and whether the minimization procedures | |
| adequately protect the constitutional rights of United | |
| States persons;''; and | |
| (ii) in subparagraph (D), by striking ``(as | |
| such term is defined in section 3(4) of the | |
| National Security Act of 1947 (50 U.S.C. | |
| 401a(4)))''; | |
| (2) in subsection (c), by adding at the end the following | |
| new paragraph: | |
| ``(3) Calendar years 2012 through 2014.--Not later than | |
| December 31, 2015, the Inspector General of the Department of | |
| Justice shall submit to the Committee on the Judiciary and the | |
| Select Committee on Intelligence of the Senate and the | |
| Committee on the Judiciary and the Permanent Select Committee | |
| on Intelligence of the House of Representatives a report | |
| containing the results of the audit conducted under subsection | |
| (a) for calendar years 2012 through 2014.''; | |
| (3) by redesignating subsections (d) and (e) as subsections | |
| (e) and (f), respectively; | |
| (4) by inserting after subsection (c) the following new | |
| subsection: | |
| ``(d) Intelligence Assessment.-- | |
| ``(1) In general.--For the period beginning on January 1, | |
| 2012, and ending on December 31, 2014, the Inspector General of | |
| the Intelligence Community shall assess-- | |
| ``(A) the importance of the information acquired | |
| under title V of the Foreign Intelligence Surveillance | |
| Act of 1978 (50 U.S.C. 1861 et seq.) to the activities | |
| of the intelligence community; | |
| ``(B) the manner in which that information was | |
| collected, retained, analyzed, and disseminated by the | |
| intelligence community; | |
| ``(C) the minimization procedures used by elements | |
| of the intelligence community under such title and | |
| whether the minimization procedures adequately protect | |
| the constitutional rights of United States persons; and | |
| ``(D) any minimization procedures proposed by an | |
| element of the intelligence community under such title | |
| that were modified or denied by the court established | |
| under section 103(a) of such Act (50 U.S.C. 1803(a)). | |
| ``(2) Submission date for assessment.--Not later than | |
| December 31, 2015, the Inspector General of the Intelligence | |
| Community shall submit to the Committee on the Judiciary and | |
| the Select Committee on Intelligence of the Senate and the | |
| Committee on the Judiciary and the Permanent Select Committee | |
| on Intelligence of the House of Representatives a report | |
| containing the results of the assessment for calendar years | |
| 2012 through 2014.''; | |
| (5) in subsection (e), as redesignated by paragraph (3)-- | |
| (A) in paragraph (1)-- | |
| (i) by striking ``a report under subsection | |
| (c)(1) or (c)(2)'' and inserting ``any report | |
| under subsection (c) or (d)''; and | |
| (ii) by striking ``Inspector General of the | |
| Department of Justice'' and inserting | |
| ``Inspector General of the Department of | |
| Justice, the Inspector General of the | |
| Intelligence Community, and any Inspector | |
| General of an element of the intelligence | |
| community that prepares a report to assist the | |
| Inspector General of the Department of Justice | |
| or the Inspector General of the Intelligence | |
| Community in complying with the requirements of | |
| this section''; and | |
| (B) in paragraph (2), by striking ``the reports | |
| submitted under subsections (c)(1) and (c)(2)'' and | |
| inserting ``any report submitted under subsection (c) | |
| or (d)''; | |
| (6) in subsection (f), as redesignated by paragraph (3)-- | |
| (A) by striking ``The reports submitted under | |
| subsections (c)(1) and (c)(2)'' and inserting ``Each | |
| report submitted under subsection (c)''; and | |
| (B) by striking ``subsection (d)(2)'' and inserting | |
| ``subsection (e)(2)''; and | |
| (7) by adding at the end the following new subsection: | |
| ``(g) Definitions.--In this section: | |
| ``(1) Intelligence community.--The term `intelligence | |
| community' has the meaning given that term in section 3 of the | |
| National Security Act of 1947 (50 U.S.C. 3003). | |
| ``(2) United states person.--The term `United States | |
| person' has the meaning given that term in section 101 of the | |
| Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. | |
| 1801).''. | |
| SEC. 109. EFFECTIVE DATE. | |
| 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. | |
| TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM | |
| SEC. 201. PROHIBITION ON BULK COLLECTION. | |
| (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended-- | |
| (1) in paragraph (1), by striking ``; and'' and inserting a | |
| semicolon; | |
| (2) in paragraph (2), by striking the period and inserting | |
| a semicolon; and | |
| (3) by adding at the end the following new paragraph: | |
| ``(3) a specific selection term to be used as the basis for | |
| selecting the telephone line or other facility to which the pen | |
| register or trap and trace device is to be attached or applied; | |
| and''. | |
| (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding | |
| at the end the following new paragraph: | |
| ``(4) The term `specific selection term' has the meaning | |
| given the term in section 501.''. | |
| SEC. 202. MINIMIZATION PROCEDURES. | |
| (a) Definition.--Section 401 (50 U.S.C. 1841), as amended by | |
| section 201 of this Act, is further amended by adding at the end the | |
| following new paragraph: | |
| ``(5) The term `minimization procedures' means-- | |
| ``(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 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; | |
| ``(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 | |
| ``(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.''. | |
| (b) Application.--Section 402(c) (50 U.S.C. 1842(c)), as amended by | |
| section 201 of this Act, is further amended by adding at the end the | |
| following new paragraph: | |
| ``(4) a statement of proposed minimization procedures.''. | |
| (c) Order.--Section 402(d) (50 U.S.C. 1842(d)) is amended-- | |
| (1) 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 | |
| (2) in paragraph (2)(B)-- | |
| (A) in clause (ii)(II), by striking ``; and'' and | |
| inserting a semicolon; and | |
| (B) by adding at the end the following new clause: | |
| ``(iv) the minimization procedures be followed; | |
| and''. | |
| (d) Compliance Assessment.--Section 402 (50 U.S.C. 1842) is amended | |
| by adding at the end the following new subsection: | |
| ``(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 retained or disseminated.''. | |
| TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED | |
| STATES REFORMS | |
| SEC. 301. PROHIBITION ON REVERSE TARGETING. | |
| Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is amended by striking | |
| ``the purpose'' and inserting ``a purpose''. | |
| SEC. 302. MINIMIZATION PROCEDURES. | |
| Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amended-- | |
| (1) by striking ``that meet'' and inserting the following: | |
| ``that-- | |
| ``(A) meet''; | |
| (2) in subparagraph (A) (as designated by paragraph (1) of | |
| this section), by striking the period and inserting ``; and''; | |
| and | |
| (3) by adding at the end the following new subparagraph: | |
| ``(B) consistent with such definition, minimize the | |
| acquisition, and prohibit the retention and | |
| dissemination, of any communication as to which the | |
| sender and all intended recipients are determined to be | |
| located in the United States and prohibit the use of | |
| any discrete, non-target communication that is | |
| determined to be to or from a United States person or a | |
| person who appears to be located in the United States, | |
| except to protect against an immediate threat to human | |
| life.''. | |
| SEC. 303. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION. | |
| Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at | |
| the end the following new subparagraph: | |
| ``(D) Limitation on use of information.-- | |
| ``(i) In general.--Except as provided in | |
| clause (ii), no information obtained or | |
| evidence derived from an acquisition pursuant | |
| to a certification or targeting or minimization | |
| procedures subject to an order under | |
| subparagraph (B) 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. | |
| ``(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 | |
| acquired before the date of the correction | |
| under such minimization procedures as the Court | |
| shall establish for purposes of this clause.''. | |
| TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS | |
| SEC. 401. APPOINTMENT OF AMICUS CURIAE. | |
| Section 103 (50 U.S.C. 1803) is amended by adding at the end the | |
| following new subsection: | |
| ``(i) Amicus Curiae.-- | |
| ``(1) Authorization.--A court established under subsection | |
| (a) or (b), consistent with the requirement of subsection (c) | |
| and any other statutory requirement that the court act | |
| expeditiously or within a stated time-- | |
| ``(A) shall appoint an individual 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 | |
| written finding that such appointment is not | |
| appropriate; and | |
| ``(B) may appoint an individual to serve as amicus | |
| curiae in any other instance as such court deems | |
| appropriate. | |
| ``(2) Designation.--The presiding judges of the courts | |
| established under subsections (a) and (b) shall jointly | |
| designate not less than 5 individuals to be eligible to serve | |
| as amicus curiae. Such individuals shall be persons who possess | |
| expertise in privacy and civil liberties, intelligence | |
| collection, telecommunications, or any other area of law that | |
| may lend legal or technical expertise to the courts and who | |
| have been determined by appropriate executive branch officials | |
| to be eligible for access to classified information. | |
| ``(3) Duties.--An individual appointed to serve as amicus | |
| curiae under paragraph (1) shall carry out the duties assigned | |
| by the appointing court. Such court may authorize the | |
| individual appointed to serve as amicus curiae to review any | |
| application, certification, petition, motion, or other | |
| submission that the court determines is relevant to the duties | |
| assigned by the court. | |
| ``(4) Notification.--The presiding judges of the courts | |
| established under subsections (a) and (b) shall notify the | |
| Attorney General of each exercise of the authority to appoint | |
| an individual to serve as amicus curiae under paragraph (1). | |
| ``(5) Assistance.--A court established under subsection (a) | |
| or (b) may request and receive (including on a non-reimbursable | |
| basis) the assistance of the executive branch in the | |
| implementation of this subsection. | |
| ``(6) Administration.--A court established under subsection | |
| (a) or (b) may provide for the designation, appointment, | |
| removal, training, or other support for an individual appointed | |
| to serve as amicus curiae under paragraph (1) in a manner that | |
| is not inconsistent with this subsection.''. | |
| SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS. | |
| (a) Declassification.--Title VI (50 U.S.C. 1871 et seq.) is | |
| amended-- | |
| (1) in the heading, by striking ``REPORTING REQUIREMENT'' | |
| and inserting ``OVERSIGHT''; and | |
| (2) by adding at the end the following new section: | |
| ``SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND | |
| OPINIONS. | |
| ``(a) Declassification Required.--Subject to subsection (b), the | |
| 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 this Act and, | |
| consistent with that review, make publicly available to the greatest | |
| extent practicable each such decision, order, or opinion. | |
| ``(b) Redacted Form.--The Attorney General may satisfy the | |
| requirement under subsection (a) to make a decision, order, or opinion | |
| described in such subsection publicly available to the greatest extent | |
| practicable by making such decision, order, or opinion publicly | |
| available in redacted form. | |
| ``(c) National Security Waiver.--The Attorney General may waive the | |
| requirement to declassify and make publicly available a particular | |
| decision, order, or opinion under subsection (a) if the Attorney | |
| General-- | |
| ``(1) determines that a waiver of such requirement is | |
| necessary to protect the national security of the United States | |
| or properly classified intelligence sources or methods; and | |
| ``(2) makes publicly available an unclassified summary of | |
| such decision, order, or opinion.''. | |
| (b) Table of Contents Amendments.--The table of contents in the | |
| first section is amended-- | |
| (1) by striking the item relating to title VI and inserting | |
| the following new item: | |
| ``TITLE VI--OVERSIGHT''; and | |
| (2) by inserting after the item relating to section 601 the | |
| following new item: | |
| ``Sec. 602. Declassification of significant decisions, orders, and | |
| opinions.''. | |
| TITLE V--NATIONAL SECURITY LETTER REFORM | |
| SEC. 501. PROHIBITION ON BULK COLLECTION. | |
| (a) Counterintelligence Access to Telephone Toll and Transactional | |
| Records.--Section 2709(b) of title 18, United States Code, is amended | |
| in the matter preceding paragraph (1) by striking ``may'' and inserting | |
| ``may, using a specific selection term as the basis for a request''. | |
| (b) Access to Financial Records for Certain Intelligence and | |
| Protective Purposes.--Section 1114(a)(2) of the Right to Financial | |
| Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the | |
| period and inserting ``and a specific selection term to be used as the | |
| basis for the production and disclosure of financial records.''. | |
| (c) Disclosures to FBI of Certain Consumer Records for | |
| Counterintelligence Purposes.--Section 626(a) of the Fair Credit | |
| Reporting Act (15 U.S.C. 1681u(a)) is amended by striking ``that | |
| information,'' and inserting ``that information that includes a | |
| specific selection term to be used as the basis for the production of | |
| that information,''. | |
| (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 a specific selection term to be used as | |
| the basis for the production of such information.''. | |
| (e) Definitions.-- | |
| (1) Counterintelligence access to telephone toll and | |
| transactional records.--Section 2709 of title 18, United States | |
| Code, is amended by adding at the end the following new | |
| subsection: | |
| ``(g) Specific Selection Term Defined.--In this section, the term | |
| `specific selection term' has the meaning given the term in section 501 | |
| of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. | |
| 1861).''. | |
| (2) 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 by | |
| adding at the end the following new subsection: | |
| ``(e) In this section, the term `specific selection term' has the | |
| meaning given the term in section 501 of the Foreign Intelligence | |
| Surveillance Act of 1978 (50 U.S.C. 1861).''. | |
| (3) 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 by adding at the end | |
| the following new subsection: | |
| ``(n) Specific Selection Term Defined.--In this section, the term | |
| `specific selection term' has the meaning given the term in section 501 | |
| of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. | |
| 1861).''. | |
| (4) Disclosures to governmental agencies for | |
| counterterrorism purposes of consumer reports.--Section 627 of | |
| the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by | |
| adding at the end the following new subsection: | |
| ``(g) Specific Selection Term Defined.--In this section, the term | |
| `specific selection term' has the meaning given the term in section 501 | |
| of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. | |
| 1861).''. | |
| TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS | |
| SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF | |
| BUSINESS RECORDS. | |
| Section 502(b) (50 U.S.C. 1862(b)) is amended-- | |
| (1) by redesignating paragraphs (1), (2), and (3) as | |
| paragraphs (5), (6), and (7), respectively; and | |
| (2) by inserting before paragraph (5) (as so redesignated) | |
| the following new paragraphs: | |
| ``(1) the total number of applications described in section | |
| 501(b)(2)(B) made for orders approving requests for the | |
| production of tangible things; | |
| ``(2) the total number of such orders either granted, | |
| modified, or denied; | |
| ``(3) the total number of applications described in section | |
| 501(b)(2)(C) made for orders approving requests for the | |
| production of call detail records; | |
| ``(4) the total number of such orders either granted, | |
| modified, or denied;''. | |
| SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO CONGRESS. | |
| (a) Business Records Productions.--Section 502(b) (50 U.S.C. | |
| 1862(b)), as amended by section 601 of this Act, is further amended-- | |
| (1) by redesignating paragraphs (1) through (7) as | |
| paragraphs (2) through (8), respectively; and | |
| (2) by inserting before paragraph (2) (as so redesignated) | |
| the following new paragraph: | |
| ``(1) any compliance reviews conducted by the Federal | |
| Government of the production of tangible things under section | |
| 501;''. | |
| (b) FISA Authorities in General.--Section 601(a) (50 U.S.C. | |
| 1871(a)) is amended-- | |
| (1) in paragraph (4), by striking ``; and'' and inserting a | |
| semicolon; | |
| (2) in paragraph (5), by striking the period and inserting | |
| ``; and''; and | |
| (3) by adding at the end the following new paragraph: | |
| ``(6) any compliance reviews conducted by the Federal | |
| Government of electronic surveillance, physical searches, the | |
| installation of pen register or trap and trace devices, access | |
| to records, or acquisitions conducted under this Act.''. | |
| SEC. 603. ANNUAL REPORT BY THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF | |
| THE UNITED STATES COURTS ON ORDERS ENTERED. | |
| (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by | |
| section 402 of this Act, is further amended by adding at the end the | |
| following new section: | |
| ``SEC. 603. ANNUAL REPORT ON ORDERS ENTERED. | |
| ``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 and make publicly available on | |
| an Internet website-- | |
| ``(1) the number of orders entered under each of sections | |
| 105, 304, 402, 501, 702, 703, and 704; | |
| ``(2) the number of orders modified under each of those | |
| sections; | |
| ``(3) the number of orders denied under each of those | |
| sections; and | |
| ``(4) 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.''. | |
| (b) Table of Contents Amendment.--The table of contents in the | |
| first section, as amended by section 402 of this Act, is further | |
| amended by inserting after the item relating to section 602, as added | |
| by such section 402, the following new item: | |
| ``Sec. 603. Annual report on orders entered.''. | |
| SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS. | |
| (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by | |
| section 603 of this Act, is further amended by adding at the end the | |
| following new section: | |
| ``SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS. | |
| ``(a) Reporting.--A person may semiannually publicly report the | |
| following information with respect to the preceding half year using one | |
| of the following structures: | |
| ``(1) A report that aggregates the number of orders or | |
| directives the person was required to comply with in the | |
| following separate categories: | |
| ``(A) Criminal process, subject to no restrictions. | |
| ``(B) The number of national security letters | |
| received, reported in bands of 1000 starting with 0- | |
| 999. | |
| ``(C) The number of customer accounts affected by | |
| national security letters, reported in bands of 1000 | |
| starting with 0-999. | |
| ``(D) The number of orders under this Act for | |
| content, reported in bands of 1000 starting with 0-999. | |
| ``(E) With respect to content orders under this | |
| Act, in bands of 1000 starting with 0-999-- | |
| ``(i) the number of customer accounts | |
| affected under orders under title I; and | |
| ``(ii) the number of customer selectors | |
| targeted under orders under title VII. | |
| ``(F) The number of orders under this Act for non- | |
| content, reported in bands of 1000 starting with 0-999. | |
| ``(G) With respect to non-content orders under this | |
| Act, in bands of 1000 starting with 0-999-- | |
| ``(i) the number of customer accounts | |
| affected under orders under-- | |
| ``(I) title I; | |
| ``(II) title IV; | |
| ``(III) title V with respect to | |
| applications described in section | |
| 501(b)(2)(B); and | |
| ``(IV) title V with respect to | |
| applications described in section | |
| 501(b)(2)(C); and | |
| ``(ii) the number of customer selectors | |
| targeted under orders under title VII. | |
| ``(2) A report that aggregates the number of orders or | |
| directives the person was required to comply with in the | |
| following separate categories: | |
| ``(A) Criminal process, subject to no restrictions. | |
| ``(B) The total number of all national security | |
| process received, including all national security | |
| letters and orders under this Act, reported as a single | |
| number in a band of 0-249 and thereafter in bands of | |
| 250. | |
| ``(C) The total number of customer selectors | |
| targeted under all national security process received, | |
| including all national security letters and orders | |
| under this Act, reported as a single number in a band | |
| of 0-249 and thereafter in bands of 250. | |
| ``(3) A report that aggregates the number of orders or | |
| directives the person was required to comply with in the | |
| following separate categories: | |
| ``(A) Criminal process, subject to no restrictions. | |
| ``(B) The number of national security letters | |
| received, reported in bands of 500 starting with 0-499. | |
| ``(C) The number of customer accounts affected by | |
| national security letters, reported in bands of 500 | |
| starting with 0-499. | |
| ``(D) The number of orders under this Act for | |
| content, reported in bands of 500 starting with 0-499. | |
| ``(E) The number of customer selectors targeted | |
| under such orders, in bands of 500 starting with 0-499. | |
| ``(F) The number of orders under this Act for non- | |
| content, reported in bands of 500 starting with 0-499. | |
| ``(G) The number of customer selectors targeted | |
| under such orders, reported in bands of 500 starting | |
| with 0-499. | |
| ``(b) National Security Letter Defined.--The term `national | |
| security letter' means any of the following provisions: | |
| ``(1) Section 2709 of title 18, United States Code. | |
| ``(2) Section 1114(a)(5)(A) of the Right to Financial | |
| Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)). | |
| ``(3) Subsection (a) or (b) of section 626 of the Fair | |
| Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)). | |
| ``(4) Section 627(a) of the Fair Credit Reporting Act (15 | |
| U.S.C. 1681v(a)).''. | |
| (b) Table of Contents Amendment.--The table of contents in the | |
| first section, as amended by section 603 of this Act, is further | |
| amended by inserting after the item relating to section 603, as added | |
| by section 603 of this Act, the following new item: | |
| ``Sec. 604. Public reporting by persons subject to orders.''. | |
| SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS OF THE FOREIGN | |
| INTELLIGENCE SURVEILLANCE COURT. | |
| Section 601(c)(1) (50 U.S.C. 1871(c)) is amended to read as | |
| follows: | |
| ``(1) not later than 45 days after the date on which the | |
| Foreign Intelligence Surveillance Court or the Foreign | |
| Intelligence Surveillance Court of Review issues a decision, | |
| order, or opinion that includes a significant construction or | |
| interpretation of any provision of this Act or a denial of a | |
| request for an order or a modification of a request for an | |
| order, or results in a change of application of any provision | |
| of this Act or a new application of any provision of this Act-- | |
| ``(A) a copy of such decision, order, or opinion | |
| and any pleadings, applications, or memoranda of law | |
| associated with such decision, order, or opinion; and | |
| ``(B) with respect to such decision, order, or | |
| opinion, a brief statement of the relevant background | |
| factual information, questions of law, legal analysis, | |
| and decision rendered; and''. | |
| SEC. 606. SUBMISSION OF REPORTS UNDER FISA. | |
| (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''. | |
| (b) Physical Searches.--Section 306 (50 U.S.C. 1826) is amended-- | |
| (1) in the first sentence, by striking ``Permanent Select | |
| Committee on Intelligence of the House of Representatives and | |
| the Select Committee on Intelligence of the Senate, and the | |
| Committee on the Judiciary of the Senate,'' and inserting | |
| ``Permanent Select Committee on Intelligence and the Committee | |
| on the Judiciary of the House of Representatives and the Select | |
| Committee on Intelligence and the Committee on the Judiciary of | |
| the Senate''; and | |
| (2) in the second sentence, by striking ``and the Committee | |
| on the Judiciary of the House of Representatives''. | |
| (c) Pen Register and Trap and Trace Devices.--Section 406(b) (50 | |
| U.S.C. 1846(b)) is amended-- | |
| (1) in paragraph (2), by striking ``; and'' and inserting a | |
| semicolon; | |
| (2) in paragraph (3), by striking the period and inserting | |
| a semicolon; and | |
| (3) by adding at the end the following new paragraphs: | |
| ``(4) each department or agency on behalf of which the | |
| Government has made application for orders approving the use of | |
| pen registers or trap and trace devices under this title; and | |
| ``(5) for each department or agency described in paragraph | |
| (4), a breakdown of the numbers required by paragraphs (1), | |
| (2), and (3).''. | |
| (d) Access to Certain Business Records and Other Tangible Things.-- | |
| Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ``Permanent | |
| Select Committee on Intelligence of the House of Representatives and | |
| the Select Committee on Intelligence and the Committee on the Judiciary | |
| of the Senate'' and inserting ``Permanent Select Committee on | |
| Intelligence of the House of Representatives, the Select Committee on | |
| Intelligence of the Senate, and the Committees on the Judiciary of the | |
| House of Representatives and the Senate''. | |
| TITLE VII--SUNSETS | |
| SEC. 701. SUNSETS. | |
| (a) USA PATRIOT Improvement and Reauthorization Act of 2005.-- | |
| Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization | |
| Act of 2005 (50 U.S.C. 1805 note) is amended by striking ``June 1, | |
| 2015'' and inserting ``December 31, 2017''. | |
| (b) Intelligence Reform and Terrorism Prevention Act of 2004.-- | |
| Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention | |
| Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1, | |
| 2015'' and inserting ``December 31, 2017''. | |
| Union Calendar No. 334 | |
| 113th CONGRESS | |
| 2d Session | |
| H. R. 3361 | |
| [Report No. 113-452, Parts I and II] | |
| _______________________________________________________________________ | |
| A BILL | |
| To reform the authorities of the Federal Government to require the | |
| production of certain business records, conduct electronic | |
| surveillance, use pen registers and trap and trace devices, and use | |
| other forms of information gathering for foreign intelligence, | |
| counterterrorism, and criminal purposes, and for other purposes. | |
| _______________________________________________________________________ | |
| May 15, 2014 | |
| Reported from the Committee on the Judiciary with an amendment | |
| May 15, 2014 | |
| Reported from the Select Committee on Intelligence (Permanent Select) | |
| with an amendment | |
| May 15, 2014 | |
| The Committee on Financial Services discharged; committed to the | |
| Committee of the Whole House on the State of the Union and ordered to | |
| be printed | |
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