[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3361 Referred in Senate (RFS)]
113th CONGRESS
2d Session
H. R. 3361
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 2, 2014
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
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.
Sec. 110. Rule of construction.
TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM
Sec. 201. Prohibition on bulk collection.
Sec. 202. Privacy procedures.
TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED
STATES REFORMS
Sec. 301. Minimization procedures.
Sec. 302. Limits on use of unlawfully obtained information.
TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS
Sec. 401. Appointment of amicus curiae.
Sec. 402. Declassification of decisions, orders, and opinions.
TITLE V--NATIONAL SECURITY LETTER REFORM
Sec. 501. Prohibition on bulk collection.
TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS
Sec. 601. Additional reporting on orders requiring production of
business records.
Sec. 602. Business records compliance reports to Congress.
Sec. 603. Annual reports by the Government on orders entered.
Sec. 604. Public reporting by persons subject to FISA orders.
Sec. 605. Reporting requirements for decisions of the Foreign
Intelligence Surveillance Court.
Sec. 606. Submission of reports under FISA.
TITLE VII--SUNSETS
Sec. 701. Sunsets.
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) (including an application for the
production of call detail records other than in the
manner 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 on a daily basis of call detail records
created before, on, or after the date of the
application relating to an authorized investigation
(other than a threat assessment) conducted in
accordance with subsection (a)(2) to protect against
international terrorism, a statement of facts showing
that--
``(i) there are reasonable grounds to
believe that the call detail records sought to
be produced based on the specific selection
term required under subparagraph (A) are
relevant to such investigation; and
``(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 on a daily
basis 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 prompt 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 call detail records
with a direct connection to such
specific selection term as the basis
for production of a second set of call
detail records;
``(iv) provide that, when produced, such
records be in a form that will be useful to the
Government;
``(v) direct each person the Government
directs to produce call detail records under
the order to furnish the Government forthwith
all information, facilities, or technical
assistance necessary to accomplish the
production in such a manner as will protect the
secrecy of the production and produce a minimum
of interference with the services that such
person is providing to each subject of the
production; and
``(vi) direct the Government to--
``(I) adopt minimization procedures
that require the prompt destruction of
all call detail records produced under
the order that the Government
determines are not foreign intelligence
information; and
``(II) destroy all call detail
records produced under the order as
prescribed by such procedures.''.
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 section 103.
``(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)(1) No cause of action shall lie in any court against a person
who--
``(A) produces tangible things or provides information,
facilities, or technical assistance pursuant to an order issued
or an emergency production required under this section; or
``(B) otherwise provides technical assistance to the
Government under this section or to implement the amendments
made to this section by the USA FREEDOM Act.
``(2) A production or provision of information, facilities, or
technical assistance described in paragraph (1) shall not be deemed to
constitute a waiver of any privilege in any other proceeding or
context.''.
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 a person for
reasonable expenses incurred for--
``(1) producing tangible things or providing information,
facilities, or assistance in accordance with an order issued
with respect to an application described in subsection
(b)(2)(C) or an emergency production under subsection (i) that,
to comply with subsection (i)(1)(D), requires an application
described in subsection (b)(2)(C); or
``(2) otherwise providing technical assistance to the
Government under this section or to implement the amendments
made to this section by the USA FREEDOM Act.''.
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.--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 discrete term, such as a term
specifically identifying a person, entity, account, address, or
device, used by the Government to limit the scope of the
information or tangible things sought pursuant to the statute
authorizing the provision of such information or tangible
things to the Government.''.
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 180
days after the date on which the Inspector General of the
Department of Justice submits the report required under
subsection (c)(3), the Inspector General of the Intelligence
Community shall submit to the Committee on the Judiciary and
the Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives a report
containing the results of the assessment for calendar years
2012 through 2014.'';
(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.
(a) In General.--The amendments made by sections 101 through 103
shall take effect on the date that is 180 days after the date of the
enactment of this Act.
(b) Rule of Construction.--Nothing in this Act shall be construed
to alter or eliminate the authority of the Government to obtain an
order under title V of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1861 et seq.) as in effect prior to the effective date
described in subsection (a) during the period ending on such effective
date.
SEC. 110. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to authorize the production
of the contents (as such term is defined in section 2510(8) of title
18, United States Code) of any electronic communication from an
electronic communication service provider (as such term is defined in
section 701(b)(4) of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1881(b)(4)) under title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
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. PRIVACY PROCEDURES.
(a) In General.--Section 402 (50 U.S.C. 1842) is amended by adding
at the end the following new subsection:
``(h) The Attorney General shall ensure that appropriate policies
and procedures are in place to safeguard nonpublicly available
information concerning United States persons that is collected through
the use of a pen register or trap and trace device installed under this
section. Such policies and procedures shall, to the maximum extent
practicable and consistent with the need to protect national security,
include protections for the collection, retention, and use of
information concerning United States persons.''.
(b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is amended
by adding at the end the following new subsection:
``(d) Information collected through the use of a pen register or
trap and device installed under this section shall be subject to the
policies and procedures required under section 402(h).''.
TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED
STATES REFORMS
SEC. 301. 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--
``(i) 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 at the time of
acquisition, consistent with the need of the
United States to obtain, produce, and
disseminate foreign intelligence information;
and
``(ii) prohibit the use of any discrete
communication that is not to, from, or about
the target of an acquisition and is to or from
an identifiable United States person or a
person reasonably believed to be located in the
United States, except to protect against an
immediate threat to human life.''.
SEC. 302. 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), to the extent the Court orders a
correction of a deficiency in a certification
or procedures under subparagraph (B), no
information obtained or evidence derived
pursuant to the part of the certification or
procedures that has been identified by the
Court as deficient concerning any United States
person shall be received in evidence or
otherwise disclosed in any trial, hearing, or
other proceeding in or before any court, grand
jury, department, office, agency, regulatory
body, legislative committee, or other authority
of the United States, a State, or political
subdivision thereof, and no information
concerning any United States person acquired
pursuant to such part of such certification
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
obtained 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 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
Director of National Intelligence, in consultation with the Attorney
General, shall conduct a declassification review of each decision,
order, or opinion issued by the Foreign Intelligence Surveillance Court
or the Foreign Intelligence Surveillance Court of Review (as defined in
section 601(e)) that includes a significant construction or
interpretation of any provision of this Act, including a construction
or interpretation of the term `specific selection term', and,
consistent with that review, make publicly available to the greatest
extent practicable each such decision, order, or opinion.
``(b) Redacted Form.--The Director of National Intelligence, in
consultation with the Attorney General, may satisfy the requirement
under subsection (a) to make a decision, order, or opinion described in
such subsection publicly available to the greatest extent practicable
by making such decision, order, or opinion publicly available in
redacted form.
``(c) National Security Waiver.--The Director of National
Intelligence, in consultation with the Attorney General, may waive the
requirement to declassify and make publicly available a particular
decision, order, or opinion under subsection (a) if--
``(1) the Director of National Intelligence, in
consultation with the Attorney General, determines that a
waiver of such requirement is necessary to protect the national
security of the United States or properly classified
intelligence sources or methods; and
``(2) the Director of National Intelligence makes publicly
available an unclassified statement prepared by the Attorney
General, in consultation with the Director of National
Intelligence--
``(A) summarizing the significant construction or
interpretation of a provision under this Act; and
``(B) that specifies that the statement has been
prepared by the Attorney General and constitutes no
part of the opinion of the Foreign Intelligence
Surveillance Court or the Foreign Intelligence
Surveillance Court of Review.''.
(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.
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) a summary of all compliance reviews conducted by the
Federal Government of the production of tangible things under
section 501;''.
SEC. 603. ANNUAL REPORTS BY THE GOVERNMENT 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.
``(a) Report by Director of the Administrative Office of the United
States Courts.--The Director of the Administrative Office of the United
States Courts shall annually submit to the Permanent Select Committee
on Intelligence and the Committee on the Judiciary of the House of
Representatives and the Select Committee on Intelligence and the
Committee on the Judiciary of the Senate and, subject to a
declassification review by the Attorney General and Director of
National Intelligence, 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) Report by Director of National Intelligence.--The Director of
National Intelligence shall annually make publicly available a report
that identifies, for the preceding 12-month period--
``(1) the total number of orders issued pursuant titles I
and III and sections 703 and 704 and the estimated number of
targets affected by such orders;
``(2) the total number of orders issued pursuant to section
702 and the estimated number of targets affected by such
orders;
``(3) the total number of orders issued pursuant to title
IV and the estimated number of targets affected by such orders;
``(4) the total number of orders issued pursuant to
applications made under section 501(b)(2)(B) and the estimated
number of targets affected by such orders;
``(5) the total number of orders issued pursuant to
applications made under section 501(b)(2)(C) and the estimated
number of targets affected by such orders; and
``(6) the total number of national Security letters issued
and the number of requests for information contained within
such national security letters.
``(c) 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 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) Subject to subsection (b), a report that aggregates
the number of orders or national security letters the person
was required to comply with in the following separate
categories:
``(A) The number of national security letters
received, reported in bands of 1000 starting with 0-
999.
``(B) The number of customer accounts affected by
national security letters, reported in bands of 1000
starting with 0-999.
``(C) The number of orders under this Act for
content, reported in bands of 1000 starting with 0-999.
``(D) With respect to content orders under this
Act, in bands of 1000 starting with 0-999, the number
of customer accounts affected under orders under title
I;
``(E) The number of orders under this Act for non-
content, reported in bands of 1000 starting with 0-999.
``(F) With respect to non-content orders under this
Act, in bands of 1000 starting with 0-999, the number
of customer accounts affected under orders under--
``(i) title IV;
``(ii) title V with respect to applications
described in section 501(b)(2)(B); and
``(iii) title V with respect to
applications described in section 501(b)(2)(C).
``(2) A report that aggregates the number of orders,
directives, or national security letters the person was
required to comply with in the following separate categories:
``(A) The total number of all national security
process received, including all national security
letters and orders or directives under this Act,
reported as a single number in a band of 0-249 and
thereafter in bands of 250.
``(B) The total number of customer selectors
targeted under all national security process received,
including all national security letters and orders or
directives under this Act, reported as a single number
in a band of 0-249 and thereafter in bands of 250.
``(3) Subject to subsection (b), a report that aggregates
the number of orders or national security letters the person
was required to comply with in the following separate
categories:
``(A) The number of national security letters
received, reported in bands of 500 starting with 0-499.
``(B) The number of customer accounts affected by
national security letters, reported in bands of 500
starting with 0-499.
``(C) The number of orders under this Act for
content, reported in bands of 500 starting with 0-499.
``(D) The number of customer selectors targeted
under such orders, in bands of 500 starting with 0-499.
``(E) The number of orders under this Act for non-
content, reported in bands of 500 starting with 0-499.
``(F) The number of customer selectors targeted
under such orders, reported in bands of 500 starting
with 0-499.
``(b) Period of Time Covered by Reports.--With respect to a report
described in paragraph (1) or (3) of subsection (a), such report shall
only include information--
``(1) except as provided in paragraph (2), for the period
of time ending on the date that is at least 180 days before the
date of the publication of such report; and
``(2) with respect to an order under this Act or national
security letter received with respect to a platform, product,
or service for which a person did not previously receive such
an order or national security letter (not including an
enhancement to or iteration of an existing publicly available
platform, product, or service), for the period of time ending
on the date that is at least 2 years before the date of the
publication of such report.
``(c) Other Forms of Agreed to Publication.--Nothing in this
section shall be construed to prohibit the Government and any person
from jointly agreeing to the publication of information referred to in
this subsection in a time, form, or manner other than as described in
this section.
``(d) National Security Letter Defined.--The term `national
security letter' has the meaning given the term in section 603.''.
(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, including any denial or modification of an
application under this Act, that includes a significant
construction or interpretation of any provision of this Act or
results in a change of application of any provision of this Act
or a new application of any provision of this Act, a copy of
such decision, order, or opinion and any pleadings,
applications, or memoranda of law associated with such
decision, order, or opinion; 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''.
Passed the House of Representatives May 22, 2014.
Attest:
KAREN L. HAAS,
Clerk.