Text of S. 2685 (113th): Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring … (Placed on Calendar in the Senate version)

Calendar No. 499

113th CONGRESS

2d Session

S. 2685

IN THE SENATE OF THE UNITED STATES

July 29, 2014

Mr. Leahy (for himself, Mr. Lee, Mr. Durbin, Mr. Heller, Mr. Franken, Mr. Cruz, Mr. Blumenthal, Mr. Udall of New Mexico, Mr. Coons, Mr. Heinrich, Mr. Markey, Ms. Hirono, Ms. Klobuchar, Mr. Whitehouse, Mr. Schumer, and Mr. Sanders) introduced the following bill; which was read the first time

July 30, 2014

Read the second time and placed on the calendar

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.

(a)

This Act may be cited as the Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014 or the USA FREEDOM Act of 2014 .

(b)

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.

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. 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.

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

Sec. 503. Judicial review.

TITLE VI—FISA transparency and reporting requirements

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

Sec. 602. Annual reports by the Government.

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

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

Sec. 605. Submission of reports under FISA.

TITLE VII—Sunsets

Sec. 701. Sunsets.

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. ).

101.

(a)

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 is a reasonable, articulable suspicion that such specific selection term is associated with a foreign power engaged in international terrorism or activities in preparation therefor, or an agent of a foreign power engaged in international terrorism or activities in preparation therefor; and

(b)

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) of this subsection;

(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.

102.

(a)

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

(i)

(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 a political subdivision thereof, and no information concerning any United States person acquired from such production shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

(6)

The Attorney General shall assess compliance with the requirements of paragraph (5).

(b)

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.

103.

(a)

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)

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).

(c)

Section 501(g)(2) ( 50 U.S.C. 1861(g)(2) ) is amended—

(1)

in subparagraph (B), by striking and at the end;

(2)

by redesignating subparagraph (C) as subparagraph (D);

(3)

by inserting after subparagraph (B) the following:

(C)

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

(i)

a subject of an authorized investigation;

(ii)

a foreign power or a suspected agent of a foreign power;

(iii)

reasonably likely to have information about the activities of—

(I)

a subject of an authorized investigation; or

(II)

a suspected agent of a foreign power who is associated with a subject of an authorized investigation; or

(iv)

in contact with or known to—

(I)

a subject of an authorized investigation; or

(II)

a suspected agent of a foreign power who is associated with a subject of an authorized investigation,

unless the tangible thing or information therein indicates a threat of death or serious bodily harm to any person or is disseminated to another element of the intelligence community for the sole purpose of determining whether the tangible thing or information therein relates to a person who is described in clause (i), (ii), (iii), or (iv); and

; and

(4)

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

104.

(a)

(1)

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) .

(2)

Section 501(g)(1) ( 50 U.S.C. 1861(g)(1) ) is amended—

(A)

by striking Not later than 180 days after the date of the enactment of the USA PATRIOT Improvement and Reauthorization Act of 2005, the and inserting The; and

(B)

by inserting after adopt the following: , and update as appropriate,.

(b)

Section 501(f)(2) ( 50 U.S.C. 1861(f)(2) ) is amended—

(1)

in subparagraph (A)(i)—

(A)

by striking that order and inserting the production order or any nondisclosure order imposed in connection with the production order; and

(B)

by striking the second sentence; and

(2)

in subparagraph (C)—

(A)

by striking clause (ii); and

(B)

by redesignating clause (iii) as clause (ii).

105.

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 in accordance with 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 of 2014 .

(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.

106.

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)

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 of 2014 .

107.

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)

In this section:

(1)

The term address means a physical address or electronic address, such as an electronic mail address, temporarily assigned network address, or Internet protocol address.

(2)

The term call detail record—

(A)

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

(B)

does not include—

(i)

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

(ii)

the name, address, or financial information of a subscriber or customer; or

(iii)

cell site location information.

(3)

(A)

Except as provided in subparagraph (B), the term specific selection term—

(i)

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

(ii)

does not include a term that does not narrowly limit the scope of the tangible things sought to the greatest extent reasonably practicable, consistent with the purpose for seeking the tangible things, such as—

(I)

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

(II)

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

(B)

For purposes of an application submitted under subsection (b)(2)(C), the term specific selection term means a term that specifically identifies an individual, account, or personal device.

108.

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)

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)

(1)

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)

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)

In this section:

(1)

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)

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 ).

109.

(a)

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)

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.

110.

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. ).

201.

(a)

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)—

(A)

by striking a certification by the applicant and inserting a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant; and

(B)

by striking the period and inserting ; and; and

(3)

by adding at the end the following new paragraph:

(3)

a specific selection term to be used as the basis for the installation or use of the pen register or trap and trace device.

(b)

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

(4)

(A)

The term specific selection term—

(i)

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

(ii)

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

(I)

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

(II)

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

(B)

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

202.

(a)

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

(h)

(1)

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

(2)

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

(3)

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

(b)

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 trace device installed under this section shall be subject to the policies and procedures required under section 402(h).

III

301.

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

(D)

(i)

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

(ii)

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.

401.

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

(i)

(1)

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

(2)

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

(B)

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

(3)

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

(4)

(A)

If a court established under subsection (a) or (b) designates a special advocate to participate as an amicus curiae in a proceeding, the special advocate—

(i)

shall advocate, as appropriate, in support of legal interpretations that advance individual privacy and civil liberties;

(ii)

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

(iii)

may consult with any other special advocates regarding information relevant to any assigned case, including sharing relevant materials; and

(iv)

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

(B)

The Attorney General shall periodically brief or provide relevant materials to special advocates regarding constructions and interpretations of this Act and legal, technological and other issues related to actions authorized by this Act.

(C)

(i)

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

(ii)

Nothing in this section shall be construed to require the Government to provide information to a special advocate, other amicus, or technical expert that is privileged from disclosure.

(5)

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).

(6)

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.

(7)

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

(j)

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

(k)

(1)

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

(2)

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

(3)

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

(l)

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

(m)

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

402.

(a)

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:

602.

(a)

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

(b)

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)

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

(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)

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.

501.

(a)

Section 2709(b) of title 18, United States Code, is amended in the matter preceding paragraph (1) by striking may and inserting may, using a term that specifically identifies a person, entity, telephone number, or account as the basis for a request.

(b)

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

(c)

Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) is amended—

(1)

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

(2)

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

(3)

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

(d)

Section 627(a) of the Fair Credit Reporting Act ( 15 U.S.C. 1681v(a) ) is amended by striking analysis. and inserting analysis and that includes a term that specifically identifies a consumer or account to be used as the basis for the production of such information..

502.

(a)

Section 2709 of title 18, United States Code, is amended by striking subsection (c) and inserting the following new subsection:

(c)

(1)

(A)

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

(B)

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

(i)

a danger to the national security of the United States;

(ii)

interference with a criminal, counterterrorism, or counterintelligence investigation;

(iii)

interference with diplomatic relations; or

(iv)

danger to the life or physical safety of any person.

(2)

(A)

A wire or electronic communication service provider that receives a request under subsection (b), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—

(i)

those persons to whom disclosure is necessary in order to comply with the request;

(ii)

an attorney in order to obtain legal advice or assistance regarding the request; or

(iii)

other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.

(B)

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

(C)

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

(D)

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

(3)

(A)

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

(i)

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

(ii)

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

(B)

Upon closure of the investigation—

(i)

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

(ii)

the court shall review such a petition pursuant to the procedures under section 3511; and

(iii)

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

(b)

Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ) is amended—

(1)

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

(2)

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

(c)

(1)

(A)

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

(B)

(i)

a danger to the national security of the United States;

(ii)

interference with a criminal, counterterrorism, or counterintelligence investigation;

(iii)

interference with diplomatic relations; or

(iv)

danger to the life or physical safety of any person.

(2)

(A)

A financial institution that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—

(i)

those persons to whom disclosure is necessary in order to comply with the request;

(ii)

an attorney in order to obtain legal advice or assistance regarding the request; or

(iii)

other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.

(B)

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

(C)

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

(D)

(3)

(A)

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

(i)

(ii)

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

(B)

Upon closure of the investigation—

(i)

(ii)

the court shall review such a petition pursuant to the procedures under section 3511 of title 18, United States Code; and

(iii)

(c)

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

(d)

(1)

(A)

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

(B)

(i)

a danger to the national security of the United States;

(ii)

interference with a criminal, counterterrorism, or counterintelligence investigation;

(iii)

interference with diplomatic relations; or

(iv)

danger to the life or physical safety of any person.

(2)

(A)

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

(i)

those persons to whom disclosure is necessary in order to comply with the request;

(ii)

an attorney in order to obtain legal advice or assistance regarding the request; or

(iii)

other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.

(B)

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

(C)

(D)

(3)

(A)

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

(i)

(ii)

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

(B)

Upon closure of the investigation—

(i)

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

(ii)

the court shall review such a petition pursuant to the procedures under section 3511 of title 18, United States Code; and

(iii)

(d)

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

(c)

(1)

(A)

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

(B)

The requirements of subparagraph (A) shall apply if the head of the government agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in—

(i)

a danger to the national security of the United States;

(ii)

interference with a criminal, counterterrorism, or counterintelligence investigation;

(iii)

interference with diplomatic relations; or

(iv)

danger to the life or physical safety of any person.

(2)

(A)

A consumer reporting agency that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—

(i)

those persons to whom disclosure is necessary in order to comply with the request;

(ii)

an attorney in order to obtain legal advice or assistance regarding the request; or

(iii)

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

(B)

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

(C)

(D)

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

(3)

(A)

(i)

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

(ii)

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

(B)

Upon closure of the investigation—

(i)

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

(ii)

the court shall review such a petition pursuant to the procedures under section 3511 of title 18, United States Code; and

(iii)

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

(e)

Section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ) is amended by striking subsection (b) and inserting the following new subsection:

(b)

(1)

(A)

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

(B)

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

(i)

a danger to the national security of the United States;

(ii)

interference with a criminal, counterterrorism, or counterintelligence investigation;

(iii)

interference with diplomatic relations; or

(iv)

danger to the life or physical safety of any person.

(2)

(A)

A governmental or private entity that receives a request under subsection (a), or officer, employee, or agent thereof, may disclose information otherwise subject to any applicable nondisclosure requirement to—

(i)

those persons to whom disclosure is necessary in order to comply with the request;

(ii)

an attorney in order to obtain legal advice or assistance regarding the request; or

(iii)

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

(B)

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

(C)

(D)

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

(3)

(A)

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

(i)

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

(ii)

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

(B)

Upon closure of the investigation—

(i)

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

(ii)

the court shall review such a petition pursuant to the procedures under section 3511 of title 18, United States Code; and

(iii)

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

(f)

Section 3511 of title 18, United States Code, is amended by striking subsection (b) and inserting the following new subsection:

(b)

(1)

(A)

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

(B)

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

(C)

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

(2)

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

(A)

a danger to the national security of the United States;

(B)

interference with a criminal, counterterrorism, or counterintelligence investigation;

(C)

interference with diplomatic relations; or

(D)

danger to the life or physical safety of any person.

(3)

A district court of the United States shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in—

(A)

a danger to the national security of the United States;

(B)

interference with a criminal, counterterrorism, or counterintelligence investigation;

(C)

interference with diplomatic relations; or

(D)

danger to the life or physical safety of any person.

503.

(a)

Section 2709 of title 18, United States Code, is amended—

(1)

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

(2)

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

(d)

(1)

A request under subsection (b) or a nondisclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 3511 .

(2)

A request under subsection (b) shall include notice of the availability of judicial review described in paragraph (1).

(b)

Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ) is amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

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

(d)

(1)

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

(2)

A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).

(c)

Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) is amended—

(1)

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

(2)

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

(e)

(1)

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

(2)

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

(d)

Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v ) is amended—

(1)

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

(2)

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

(d)

(1)

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

(2)

A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).

(e)

Section 802 of the National Security Act of 1947 ( 50 U.S.C. 3162 ) is amended—

(1)

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

(2)

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

(c)

(1)

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

(2)

A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1).

601.

Section 502(b) ( 50 U.S.C. 1862(b) ) is amended—

(1)

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

(2)

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

(1)

a summary of all compliance reviews conducted by the Government for the production of tangible things under section 501;

(2)

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

(3)

the total number of such orders either granted, modified, or denied;

(4)

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

(5)

the total number of such orders either granted, modified, or denied;

602.

(a)

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:

603.

(a)

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

(1)

the number of applications or certifications for orders submitted under each of sections 105, 304, 402, 501, 702, 703, and 704;

(2)

the number of orders entered under each of those sections;

(3)

the number of orders modified under each of those sections;

(4)

the number of orders denied under each of those sections;

(5)

the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae; and

(6)

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

(b)

(1)

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

(A)

the total number of orders issued pursuant to titles I and III and sections 703 and 704 and a good faith estimate of the number of targets of such orders;

(B)

the total number of orders issued pursuant to section 702 and a good faith estimate of—

(i)

the number of targets of such orders;

(ii)

the number of individuals whose communications were collected pursuant to such orders;

(iii)

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

(iv)

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

(v)

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

(C)

the total number of orders issued pursuant to title IV and a good faith estimate of—

(i)

the number of targets of such orders;

(ii)

the number of individuals whose communications were collected pursuant to such orders; and

(iii)

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

(D)

the total number of orders issued pursuant to applications made under section 501(b)(2)(B) and a good faith estimate of—

(i)

the number of targets of such orders;

(ii)

the number of individuals whose communications were collected pursuant to such orders; and

(iii)

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

(E)

the total number of orders issued pursuant to applications made under section 501(b)(2)(C) and a good faith estimate of—

(i)

the number of targets of such orders;

(ii)

the number of individuals whose communications were collected pursuant to such orders;

(iii)

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

(iv)

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

(F)

the total number of national security letters issued and the number of requests for information contained within such national security letters.

(2)

A phone number registered in the United States may provide the basis for a reasonable belief that the individual using the phone number is located in the United States at the time of collection.

(c)

The Director of National Intelligence may annually make publicly available on an Internet Web site a report that identifies, for the preceding 12-month period—

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(d)

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

(e)

(1)

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

(2)

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

(3)

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

(4)

(A)

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

(i)

certify that conclusion in writing to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and

(ii)

make such certification publicly available on an Internet Web site.

(B)

(i)

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

(ii)

A certification described in subparagraph (A) relating to a good faith estimate required to be reported under subsection (b)(1)(B)(iii) may include the information annually reported pursuant to section 702(l)(3)(A).

(iii)

If the Director of National Intelligence determines that a good faith estimate required to be reported under subsection (b)(1)(C)(iii) cannot be determined accurately as that estimate pertains to electronic communications, but can be determined accurately for wire communications, the Director shall make the certification described in subparagraph (A) with respect to electronic communications and shall also report the good faith estimate with respect to wire communications.

(C)

A certification described in subparagraph (A) shall be prepared in unclassified form, but may contain a classified annex.

(D)

If the Director of National Intelligence continues to conclude that the good faith estimates described in this paragraph cannot be determined accurately, the Director shall annually submit a certification in accordance with this paragraph.

(f)

Nothing in this section affects the lawfulness or unlawfulness of any government surveillance activities described herein.

(g)

In this section:

(1)

The term contents has the meaning given that term under section 2510 of title 18, United States Code.

(2)

The term electronic communication has the meaning given that term under section 2510 of title 18, United States Code.

(3)

The term individual whose communications were collected means any individual—

(A)

who was a party to an electronic communication or a wire communication the contents or noncontents of which was collected; or

(B)

(i)

who was a subscriber or customer of an electronic communication service or remote computing service; and

(ii)

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

(4)

The term national security letter means a request for a report, records, or other information under—

(A)

section 2709 of title 18, United States Code;

(B)

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

(C)

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

(D)

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

(5)

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

(6)

The term wire communication has the meaning given that term under section 2510 of title 18, United States Code.

(b)

The table of contents, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by section 402 of this Act, the following new item:

Sec. 603. Annual reports.

(c)

Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( 18 U.S.C. 3511 note) is amended—

(1)

in paragraph (1)—

(A)

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

(B)

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

(2)

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

(3)

by inserting after paragraph (1) the following:

(2)

(A)

Except as provided in subparagraph (B), each report required under this subsection shall include a good faith estimate of the total number of requests described in paragraph (1) requiring disclosure of information concerning—

(i)

United States persons; and

(ii)

persons who are not United States persons.

(B)

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

(d)

Section 2702(d) of title 18, United States Code, is amended—

(1)

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

(2)

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

(3)

by adding at the end the following new paragraph:

(3)

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

603.

(a)

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

604.

(a)

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

(1)

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

(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 contents, reported in bands of 1000 starting with 0–999.

(D)

With respect to contents orders under this Act, in bands of 1000 starting with 0–999, the number of customer selectors targeted under such orders.

(E)

The number of orders under this Act for noncontents, reported in bands of 1000 starting with 0–999.

(F)

With respect to noncontents orders under this Act, in bands of 1000 starting with 0–999, the number of customer selectors targeted under orders under—

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

(A)

The total number of all national security process received, including all national security letters and orders or directives under this Act, combined, reported in bands of 0–249 and thereafter in bands of 250.

(B)

The total number of customer selectors targeted under all national security process received, including all national security letters and orders or directives under this Act, combined, reported in bands of 0–249 and thereafter in bands of 250.

(3)

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

(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 contents, reported in bands of 500 starting with 0–499.

(D)

The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0–499.

(E)

The number of orders under this Act for noncontents, 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.

(4)

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

(A)

The total number of all national security process received, including all national security letters and orders or directives under this Act, combined, reported in bands of 0–100 and thereafter in bands of 100.

(B)

(b)

(1)

A report described in paragraph (1) or (3) of subsection (a)—

(A)

may be published every 180 days;

(B)

subject to subparagraph (C), shall include—

(i)

with respect to information relating to national security letters, information relating to the previous 180 days; and

(ii)

with respect to information relating to authorities under this Act, except as provided in subparagraph (C), information relating to the time period—

(I)

ending on the date that is not less than 180 days before the date on which the information is publicly reported; and

(II)

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

(C)

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

(i)

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

(ii)

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

(2)

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

(3)

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

(A)

ending on the date that is not less than 1 year before the date on which the information is publicly reported; and

(B)

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

(c)

Nothing in this section prohibits the Government and any person from jointly agreeing to the publication of information referred to in this subsection in a time, form, or manner other than as described in this section.

(d)

In this section:

(1)

The term contents has the meaning given that term under section 2510 of title 18, United States Code.

(2)

The term national security letter has the meaning given that term under section 603.

(b)

The table of contents, as amended by sections 402 and 602 of this Act, is further amended by inserting after the item relating to section 603, as added by section 602 of this Act, the following new item:

Sec. 604. Public reporting by persons subject to orders.

604.

Section 601(c)(1) ( 50 U.S.C. 1871(c)(1) ) 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 significant construction or interpretation of any provision of law or results in a change of application of any provision of this Act or a novel application of any provision of this Act, a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and

605.

(a)

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)

The matter preceding paragraph (1) of 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)

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 Attorney General or a designated attorney for the Government has made an application for an order authorizing or approving the installation and use of a pen register or trap and trace device under this title; and

(5)

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

(d)

Section 502(a) ( 50 U.S.C. 1862(a) ) is amended by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate .

VII

701.

(a)

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)

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.

July 30, 2014

Read the second time and placed on the calendar

S. 2685 (113^th): Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2014

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