[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1686 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1686

  To place reasonable safeguards on the use of surveillance and other 
     authorities under the USA PATRIOT Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 17, 2009

  Mr. Feingold (for himself, Mr. Durbin, Mr. Tester, Mr. Udall of New 
Mexico, Mr. Bingaman, Mr. Sanders, Mr. Akaka, Mr. Wyden, Mr. Menendez, 
 and Mr. Merkley) introduced the following bill; which was read twice 
             and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To place reasonable safeguards on the use of surveillance and other 
     authorities under the USA PATRIOT Act, 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.

    This Act may be cited as the ``Judicious Use of Surveillance Tools 
In Counterterrorism Efforts Act of 2009'' or the ``JUSTICE Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
  TITLE I--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS' 
                                RECORDS

Sec. 101. National security letter authority.
Sec. 102. Judicial review of National Security Letters.
Sec. 103. National Security Letter compliance program and tracking 
                            database.
Sec. 104. Public reporting on National Security Letters.
Sec. 105. Emergency disclosures.
Sec. 106. Least intrusive means.
Sec. 107. Privacy protections for section 215 business records orders.
Sec. 108. Technical and conforming amendments.
 TITLE II--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS' 
                                 HOMES

Sec. 201. Limitation on authority to delay notice of search warrants.
 TITLE III--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS' 
                             COMMUNICATIONS

Sec. 301. Limitations on roving wiretaps under Foreign Intelligence 
                            Surveillance Act.
Sec. 302. Privacy protections for pen registers and trap and trace 
                            devices.
Sec. 303. Repeal of telecommunications immunity.
Sec. 304. Prohibition on bulk collection under FISA Amendments Act.
Sec. 305. Prohibition on reverse targeting under FISA Amendments Act.
Sec. 306. Limits on use of unlawfully obtained information under FISA 
                            Amendments Act.
Sec. 307. Privacy protections for international communications of 
                            Americans collected under FISA Amendments 
                            Act.
Sec. 308. Clarification of computer trespass authority.
 TITLE IV--IMPROVEMENTS TO FURTHER CONGRESSIONAL AND JUDICIAL OVERSIGHT

Sec. 401. Public reporting on the Foreign Intelligence Surveillance 
                            Act.
Sec. 402. Use of Foreign Intelligence Surveillance Act materials.
Sec. 403. Challenges to nationwide orders for electronic evidence.
   TITLE V--IMPROVEMENTS TO FURTHER EFFECTIVE, FOCUSED INVESTIGATIONS

Sec. 501. Modification of definition of domestic terrorism.
Sec. 502. Clarification of intent requirement.

  TITLE I--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS' 
                                RECORDS

SEC. 101. NATIONAL SECURITY LETTER AUTHORITY.

    (a) National Security Letter Authority for Communications 
Subscriber Records.--
            (1) In general.--Section 2709 of title 18, United States 
        Code, is amended to read as follows:
``Sec. 2709. National Security Letter for communications subscriber 
              records
    ``(a) Authorization.--
            ``(1) In general.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or Special Agent in Charge in a Bureau field 
        office, may issue in writing and cause to be served on a wire 
        or electronic communications service provider a National 
        Security Letter requiring the production of--
                    ``(A) the name of a customer or subscriber;
                    ``(B) the address of a customer or subscriber;
                    ``(C) the length of the provision of service by the 
                provider to a customer or subscriber (including start 
                date) and the types of service used by the customer or 
                subscriber;
                    ``(D) the telephone number or instrument number, or 
                other subscriber number or identifier, of a customer or 
                subscriber, including any temporarily assigned network 
                address;
                    ``(E) the means and sources of payment for service 
                by the provider (including any credit card or bank 
                account number);
                    ``(F) information about any service or merchandise 
                orders relating to the communications service of a 
                customer or subscriber, including any shipping 
                information and vendor locations; and
                    ``(G) the name and contact information, if 
                available, of any other wire or electronic 
                communications service providers facilitating the 
                communications of a customer or subscriber.
            ``(2) Limitation.--A National Security Letter issued under 
        this subsection may not require the production of local or long 
        distance telephone records or electronic communications 
        transactional information not listed in paragraph (1).
    ``(b) Requirements.--
            ``(1) In general.--A National Security Letter shall be 
        issued under subsection (a) only where--
                    ``(A) the records sought are relevant to an ongoing 
                and authorized national security investigation (other 
                than an assessment); and
                    ``(B) there are specific and articulable facts 
                providing reason to believe that the records--
                            ``(i) pertain to a suspected agent of a 
                        foreign power or an individual who is the 
                        subject of an ongoing and authorized national 
                        security investigation (other than an 
                        assessment);
                            ``(ii) pertain to an individual who has 
                        been in contact with, or otherwise directly 
                        linked to, a suspected agent of a foreign power 
                        or an individual who is the subject of an 
                        ongoing and authorized national security 
                        investigation (other than an assessment); or
                            ``(iii) pertain to the activities of a 
                        suspected agent of a foreign power, where those 
                        activities are the subject of an ongoing and 
                        authorized identified national security 
                        investigation (other than an assessment), and 
                        obtaining the records is the least intrusive 
                        means that could be used to identify persons 
                        believed to be involved in the activities.
            ``(2) Investigation.--For purposes of this section, an 
        ongoing and authorized national security investigation--
                    ``(A) is an investigation conducted under 
                guidelines approved by the Attorney General and in 
                accordance with Executive Order 12333 (or any successor 
                order);
                    ``(B) shall not be conducted with respect to a 
                United States person upon the basis of activities 
                protected by the first amendment to the Constitution of 
                the United States; and
                    ``(C) shall be specifically identified and recorded 
                by an official issuing a National Security Letter under 
                subsection (a).
            ``(3) Contents.--A National Security Letter issued under 
        subsection (a) shall--
                    ``(A) describe the records to be produced with 
                sufficient particularity to permit the records to be 
                fairly identified;
                    ``(B) include the date on which the records shall 
                be provided, which shall allow a reasonable period of 
                time within which the records can be assembled and made 
                available;
                    ``(C) provide clear and conspicuous notice of the 
                principles and procedures set forth in this section and 
                section 3511 of this title, including notification of 
                any nondisclosure requirement under subsection (c), the 
                right to contest the National Security Letter or 
                applicable nondisclosure requirements and procedures 
                for doing so, and a statement laying out the rights and 
                responsibilities of the recipient; and
                    ``(D) not contain any requirement that would be 
                held to be unreasonable if contained in a subpoena 
                duces tecum issued by a court of the United States in 
                aid of a grand jury investigation or require the 
                production of any documentary evidence that would be 
                privileged from disclosure if demanded by a subpoena 
                duces tecum issued by a court of the United States in 
                aid of a grand jury investigation.
            ``(4) Retention of records.--The Director of the Federal 
        Bureau of Investigation shall direct that a signed copy of each 
        National Security Letter issued under subsection (a) be 
        retained in the database required to be established under 
        section 103 of the JUSTICE Act.
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) In general.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under paragraph (4) is provided, no 
                wire or electronic communication service provider, or 
                officer, employee, or agent thereof, who receives a 
                National Security Letter issued under subsection (a), 
                shall disclose to any person the particular information 
                specified in the certification during the time period 
                to which the certification applies, which may be not 
                longer than 1 year.
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that--
                            ``(i) there is reason to believe that 
                        disclosure of particular information about the 
                        existence or contents of a National Security 
                        Letter issued under subsection (a) during the 
                        applicable time period will result in--
                                    ``(I) endangering the life or 
                                physical safety of any person;
                                    ``(II) flight from prosecution;
                                    ``(III) destruction of or tampering 
                                with evidence;
                                    ``(IV) intimidation of potential 
                                witnesses;
                                    ``(V) interference with diplomatic 
                                relations; or
                                    ``(VI) otherwise seriously 
                                endangering the national security of 
                                the United States by alerting a target, 
                                an associate of a target, or the 
                                foreign power of which the target is an 
                                agent, of the interest of the 
                                Government in the target;
                            ``(ii) the harm identified under clause (i) 
                        relates to the ongoing and authorized national 
                        security investigation to which the records 
                        sought are relevant; and
                            ``(iii) the nondisclosure requirement is 
                        narrowly tailored to address the specific harm 
                        identified under clause (i).
            ``(2) Exception.--
                    ``(A) In general.--A wire or electronic 
                communication service provider, or officer, employee, 
                or agent thereof, who receives a National Security 
                Letter issued under subsection (a) 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 National 
                        Security Letter;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the National 
                        Security Letter; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Nondisclosure requirement.--A person to whom 
                disclosure is made under subparagraph (A) shall be 
                subject to the nondisclosure requirements applicable to 
                a person to whom a National Security Letter is issued 
                under subsection (a) in the same manner as the person 
                to whom the National Security Letter is issued.
                    ``(C) Notice.--Any recipient who discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
            ``(3) Extension.--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 in a Bureau field 
        office, may extend a nondisclosure requirement for additional 
        periods of not longer than 1 year if, at the time of each 
        extension, a new certification is made under paragraph (1)(B) 
        and notice is provided to the recipient of the applicable 
        National Security Letter that the nondisclosure requirement has 
        been extended and the recipient has the right to judicial 
        review of the nondisclosure requirement.
            ``(4) Right to judicial review.--
                    ``(A) In general.--A wire or electronic 
                communications service provider who receives a National 
                Security Letter issued under subsection (a) shall have 
                the right to judicial review of any applicable 
                nondisclosure requirement and any extension thereof.
                    ``(B) Timing.--
                            ``(i) In general.--A National Security 
                        Letter issued under subsection (a) shall state 
                        that if the recipient wishes to have a court 
                        review a nondisclosure requirement, the 
                        recipient shall notify the Government not later 
                        than 21 days after the date of receipt of the 
                        National Security Letter.
                            ``(ii) Extension.--A notice that the 
                        applicable nondisclosure requirement has been 
                        extended under paragraph (3) shall state that 
                        if the recipient wishes to have a court review 
                        the nondisclosure requirement, the recipient 
                        shall notify the Government not later than 21 
                        days after the date of receipt of the notice.
                    ``(C) Initiation of proceedings.--If a recipient of 
                a National Security Letter issued under subsection (a) 
                makes a notification under subparagraph (B), the 
                Government shall initiate judicial review under the 
                procedures established in section 3511 of this title.
            ``(5) Termination.--If the facts supporting a nondisclosure 
        requirement cease to exist prior to the applicable time period 
        of 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 that 
        the nondisclosure requirement is no longer in effect.
    ``(d) Minimization and Destruction.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the JUSTICE Act, the Attorney General shall 
        establish minimization and destruction procedures governing the 
        acquisition, retention and dissemination by the Federal Bureau 
        of Investigation of any records received by the Federal Bureau 
        of Investigation in response to a National Security Letter 
        issued under subsection (a).
            ``(2) Definition.--In this subsection, the term 
        `minimization and destruction procedures' means--
                    ``(A) specific procedures that are reasonably 
                designed in light of the purpose and technique of a 
                National Security Letter, to minimize the acquisition 
                and retention, and prohibit the dissemination, of 
                nonpublicly available information concerning 
                unconsenting United States persons consistent with the 
                need of the United States to obtain, produce, and 
                disseminate foreign intelligence information, including 
                procedures to ensure that information obtained under a 
                National Security Letter that does not meet the 
                requirements of this section or is outside the scope of 
                the National Security Letter, is returned or destroyed;
                    ``(B) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information (as defined in section 
                101(e)(1) of the Foreign Intelligence Surveillance Act 
                of 1978 (50 U.S.C. 1801(e)(1))) shall not be 
                disseminated in a manner that identifies any United 
                States person, without the consent of the United States 
                person, unless the identity of the United States person 
                is necessary to understand foreign intelligence 
                information or assess its importance; and
                    ``(C) notwithstanding subparagraphs (A) and (B), 
                procedures that allow for the retention and 
                dissemination of information that is evidence of a 
                crime which has been, is being, or is about to be 
                committed and that is to be retained or disseminated 
                for law enforcement purposes.
    ``(e) Requirement That Certain Congressional Bodies Be Informed.--
            ``(1) In general.--On a semiannual basis the Director of 
        the Federal Bureau of Investigation shall fully inform the 
        Permanent Select Committee on Intelligence and the Committee on 
        the Judiciary of the Senate and the Select Committee on 
        Intelligence and the Committee on the Judiciary of the House of 
        Representatives concerning all National Security Letters issued 
        under subsection (a).
            ``(2) Contents.--Each report under paragraph (1) shall 
        include--
                    ``(A) a description of the minimization and 
                destruction procedures adopted by the Attorney General 
                under subsection (d), including any changes to the 
                minimization and destruction procedures previously 
                adopted by the Attorney General;
                    ``(B) a summary of any petitions or court 
                proceedings under section 3511 of this title;
                    ``(C) a description of the extent to which 
                information obtained with National Security Letters 
                issued under subsection (a) has aided intelligence 
                investigations and an explanation of how the 
                information has aided the investigations; and
                    ``(D) a description of the extent to which 
                information obtained with National Security Letters 
                issued under subsection (a) has aided criminal 
                prosecutions and an explanation of how the information 
                has aided the prosecutions.
    ``(f) Use of Information.--
            ``(1) In general.--
                    ``(A) Consent.--Any information acquired under a 
                National Security Letter issued under subsection (a) 
                concerning any United States person may be used and 
                disclosed by Federal officers and employees without the 
                consent of the United States person only in accordance 
                with the minimization and destruction procedures 
                established by the Attorney General under subsection 
                (d).
                    ``(B) Lawful purpose.--No information acquired 
                under a National Security Letter issued under 
                subsection (a) may be used or disclosed by Federal 
                officers or employees except for lawful purposes.
            ``(2) Disclosure for law enforcement purposes.--No 
        information acquired under a National Security Letter issued 
        under subsection (a) shall be disclosed for law enforcement 
        purposes unless the disclosure is accompanied by a statement 
        that the information, or any information derived therefrom, may 
        only be used in a criminal proceeding with the advance 
        authorization of the Attorney General.
            ``(3) Notification of intended disclosure by the united 
        states.--Whenever the United States intends to enter into 
        evidence or otherwise use or disclose in any trial, hearing, or 
        other proceeding in or before any court, department, officer, 
        agency, regulatory body, or other authority of the United 
        States against an aggrieved person any information obtained or 
        derived from a National Security Letter issued under subsection 
        (a), the United States shall, before the trial, hearing, or 
        other proceeding or at a reasonable time before an effort to so 
        disclose or so use the information or submit the information in 
        evidence, notify the aggrieved person and the court or other 
        authority in which the information is to be disclosed or used 
        that the United States intends to so disclose or so use the 
        information.
            ``(4) Notification of intended disclosure by state or 
        political subdivision.--Whenever any State or political 
        subdivision thereof intends to enter into evidence or otherwise 
        use or disclose in any trial, hearing, or other proceeding in 
        or before any court, department, officer, agency, regulatory 
        body, or other authority of the State or political subdivision 
        thereof against an aggrieved person any information obtained or 
        derived from a National Security Letter issued under subsection 
        (a), the State or political subdivision thereof shall notify 
        the aggrieved person, the court or other authority in which the 
        information is to be disclosed or used, and the Attorney 
        General that the State or political subdivision thereof intends 
        to so disclose or so use the information.
            ``(5) Motion to suppress.--
                    ``(A) In general.--Any aggrieved person against 
                whom evidence obtained or derived from a National 
                Security Letter issued under subsection (a) is to be, 
                or has been, introduced or otherwise used or disclosed 
                in any trial, hearing, or other proceeding in or before 
                any court, department, officer, agency, regulatory 
                body, or other authority of the United States, or a 
                State or political subdivision thereof, may move to 
                suppress the evidence obtained or derived from the 
                National Security Letter, as the case may be, on the 
                grounds that--
                            ``(i) the information was acquired in 
                        violation of the Constitution or laws of the 
                        United States; or
                            ``(ii) the National Security Letter was not 
                        issued in accordance with the requirements of 
                        this section.
                    ``(B) Timing.--A motion under subparagraph (A) 
                shall be made before the trial, hearing, or other 
                proceeding unless there was no opportunity to make such 
                a motion or the aggrieved person concerned was not 
                aware of the grounds of the motion.
            ``(6) Judicial review.--
                    ``(A) In general.--In a circumstance described in 
                subparagraph (B), a United States district court or, 
                where the motion is made before another authority, the 
                United States district court in the same district as 
                the authority shall, if the Attorney General files an 
                affidavit under oath that disclosure would harm the 
                national security of the United States, review in 
                camera such materials as may be necessary to determine 
                whether the National Security Letter was lawfully 
                issued.
                    ``(B) Circumstances.--A circumstance described in 
                this subparagraph is a circumstance in which--
                            ``(i) a court or other authority is 
                        notified under paragraph (3) or (4);
                            ``(ii) a motion is made under paragraph 
                        (5); or
                            ``(iii) any motion or request is made by an 
                        aggrieved person under any other statute or 
                        rule of the United States or any State before 
                        any court or other authority of the United 
                        States or any State to--
                                    ``(I) discover or obtain materials 
                                relating to a National Security Letter 
                                issued under subsection (a); or
                                    ``(II) discover, obtain, or 
                                suppress evidence or information 
                                obtained or derived from a National 
                                Security Letter issued under subsection 
                                (a).
                    ``(C) Disclosure.--In making a determination under 
                subparagraph (A), unless the court finds that 
                disclosure would not assist in determining any legal or 
                factual issue pertinent to the case, the court may 
                disclose to the aggrieved person, the counsel for the 
                aggrieved person, or both, under the procedures and 
                standards provided in the Classified Information 
                Procedures Act (18 U.S.C. App.) or other appropriate 
                security procedures and protective orders, portions of 
                the National Security Letter, or related materials.
            ``(7) Effect of determination of lawfulness.--
                    ``(A) Unlawful orders.--If a United States district 
                court determines under paragraph (6) that a National 
                Security Letter was not issued in compliance with the 
                Constitution or laws of the United States, the court 
                may suppress the evidence that was unlawfully obtained 
                or derived from the National Security Letter or 
                otherwise grant the motion of the aggrieved person.
                    ``(B) Lawful orders.--If a United States district 
                court determines under paragraph (6) that a National 
                Security Letter was issued in accordance with the 
                Constitution and laws of the United States, the court 
                shall deny the motion of the aggrieved person, except 
                to the extent that due process requires discovery or 
                disclosure.
            ``(8) Binding final orders.--An order granting a motion or 
        request under paragraph (6), a decision under this section that 
        a National Security Letter was not lawful, and an order of a 
        United States district court requiring review or granting 
        disclosure of an application, order, or other related materials 
        shall be a final order and binding upon all courts of the 
        United States and the several States, except an appeal or 
        petition to a United States court of appeals or the Supreme 
        Court of the United States.
    ``(g) Definitions.--In this section--
            ``(1) the terms `agent of a foreign power', `foreign 
        power', and `United States person' have the meanings given 
        those terms in section 101 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801);
            ``(2) the term `aggrieved person' means a person whose 
        information or records were sought or obtained under this 
        section; and
            ``(3) the term `assessment' means an assessment, as that 
        term is used in the guidelines entitled `The Attorney General's 
        Guidelines for Domestic FBI Operations', or any successor 
        thereto.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 121 of title 18, United States Code, is 
        amended by striking the item relating to section 2709 and 
        inserting the following:

``2709. National Security Letter for communications subscriber 
                            records.''.
    (b) National Security Letter Authority for Certain Financial 
Records.--Section 1114 of the Right to Financial Privacy Act of 1978 
(12 U.S.C. 3414) is amended to read as follows:

``SEC. 1114. NATIONAL SECURITY LETTER FOR CERTAIN FINANCIAL RECORDS.

    ``(a) Authorization.--
            ``(1) In general.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or Special Agent in Charge in a Bureau field 
        office, may issue in writing and cause to be served on a 
        financial institution, a National Security Letter requiring the 
        production of--
                    ``(A) the name of a customer or entity with whom 
                the financial institution has a financial relationship;
                    ``(B) the address of a customer or entity with whom 
                the financial institution has a financial relationship;
                    ``(C) the length of time during which a customer or 
                entity has had an account or other financial 
                relationship with the financial institution (including 
                the start date) and the type of account or other 
                financial relationship; and
                    ``(D) any account number or other unique identifier 
                associated with the financial relationship of a 
                customer or entity to the financial institution.
            ``(2) Limitation.--A National Security Letter issued under 
        this subsection may not require the production of records or 
        information not listed in paragraph (1).
    ``(b) National Security Letter Requirements.--
            ``(1) In general.--A National Security Letter issued under 
        subsection (a) shall be subject to the requirements of 
        subsections (b) through (g) of section 2709 of title 18, United 
        States Code, in the same manner and to the same extent as those 
        provisions apply with respect to a National Security Letter 
        issued under section 2709(a) of title 18, United States Code, 
        to a wire or electronic communication service provider.
            ``(2) Reporting.--For any National Security Letter issued 
        under subsection (a), the semiannual reports under section 
        2709(e) of title 18, United States Code, shall also be 
        submitted to the Committee on Banking, Housing, and Urban 
        Affairs of the Senate and the Committee on Financial Services 
        of the House of Representatives.
    ``(c) Definition of `Financial Institution'.--For purposes of this 
section (and sections 1115 and 1117, insofar as the sections relate to 
the operation of this section), the term `financial institution' has 
the same meaning as in subsections (a)(2) and (c)(1) of section 5312 of 
title 31, except that the term shall include only a financial 
institution any part of which is located inside any State or territory 
of the United States, the District of Columbia, Puerto Rico, Guam, 
American Samoa, the Commonwealth of the Northern Mariana Islands, or 
the United States Virgin Islands.''.
    (c) National Security Letter Authority for Certain Consumer Report 
Records.--
            (1) In general.--Section 626 of the Fair Credit Reporting 
        Act (15 U.S.C. 1681u) is amended--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 626. National Security Letters for certain consumer report 
              records'';
                    (B) by striking subsections (a) through (d) and 
                inserting the following:
    ``(a) Authorization.--
            ``(1) In general.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or Special Agent in Charge in a Bureau field 
        office, may issue in writing and cause to be served on a 
        consumer reporting agency a National Security Letter requiring 
        the production of--
                    ``(A) the name of a consumer;
                    ``(B) the current and former address of a consumer;
                    ``(C) the current and former places of employment 
                of a consumer; and
                    ``(D) the name and address of any financial 
                institution (as that term is defined in section 1101 of 
                the Right to Financial Privacy Act of 1978 (12 U.S.C. 
                3401)) at which a consumer maintains or has maintained 
                an account, to the extent that the information is in 
                the files of the consumer reporting agency.
            ``(2) Limitation.--A National Security Letter issued under 
        this subsection may not require the production of a consumer 
        report.
    ``(b) National Security Letter Requirements.--
            ``(1) In general.--A National Security Letter issued under 
        subsection (a) shall be subject to the requirements of 
        subsections (b) through (g) of section 2709 of title 18, United 
        States Code, in the same manner and to the same extent as those 
        provisions apply with respect to a National Security Letter 
        issued under section 2709(a) of title 18, United States Code, 
        to a wire or electronic communication service provider.
            ``(2) Reporting.--For any National Security Letter issued 
        under subsection (a), the semiannual reports under section 
        2709(e) of title 18, United States Code, shall also be 
        submitted to the Committee on Banking, Housing, and Urban 
        Affairs of the Senate and the Committee on Financial Services 
        of the House of Representatives.'';
                    (C) by striking subsections (f) through (h); and
                    (D) by redesignating subsections (e) and (i) 
                through (m) as subsections (c) through (h), 
                respectively.
            (2) Repeal.--Section 627 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681v) is repealed.
            (3) Technical and conforming amendment.--The table of 
        sections for the Fair Credit Reporting Act (15 U.S.C. 1681 et 
        seq.) is amended by striking the items relating to sections 626 
        and 627 and inserting the following:

``626. National Security Letters for certain consumer report records.
``627. [Repealed].''.

SEC. 102. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

    (a) Review of Nondisclosure Orders.--Section 3511(b) of title 18, 
United States Code, is amended to read as follows:
    ``(b) Nondisclosure.--
            ``(1) In general.--
                    ``(A) Notice.--If a recipient of a National 
                Security Letter under section 2709 of this title, 
                section 626 of the Fair Credit Reporting Act (15 U.S.C. 
                1681u), section 1114 of the Right to Financial Privacy 
                Act (12 U.S.C. 3414), or section 802(a) of the National 
                Security Act of 1947 (50 U.S.C. 436(a)), wishes to have 
                a court review a nondisclosure requirement imposed in 
                connection with the National Security Letter, the 
                recipient shall notify the Government not later than 21 
                days after the date of receipt of the National Security 
                Letter or of notice that an applicable nondisclosure 
                requirement has been extended.
                    ``(B) Application.--Not later than 21 days after 
                the date of receipt of a notification under 
                subparagraph (A), the Government shall apply for an 
                order prohibiting the disclosure of particular 
                information about the existence or contents of the 
                relevant National Security Letter. An application under 
                this subparagraph may be filed in the district court of 
                the United States for any district within which the 
                authorized investigation that is the basis for the 
                National Security Letter is being conducted. The 
                applicable nondisclosure requirement shall remain in 
                effect during the pendency of proceedings relating to 
                the requirement.
                    ``(C) Consideration.--A district court of the 
                United States that receives an application under 
                subparagraph (B) should rule expeditiously, and may 
                issue a nondisclosure order for a period of not longer 
                than 1 year, unless the facts justify a longer period 
                of nondisclosure.
                    ``(D) Denial.--If a district court of the United 
                States rejects an application for a nondisclosure order 
                or extension thereof, the nondisclosure requirement 
                shall no longer be in effect.
            ``(2) Application contents.--An application for a 
        nondisclosure order or extension thereof under this subsection 
        shall include--
                    ``(A) a statement of specific and articulable facts 
                giving the applicant reason to believe that disclosure 
                of particular information about the existence or 
                contents of a National Security Letter described in 
                paragraph (1)(A) during the applicable time period will 
                result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations; or
                            ``(vi) otherwise seriously endangering the 
                        national security of the United States by 
                        alerting a target, an associate of a target, or 
                        the foreign power of which the target is an 
                        agent, of the interest of the Government in the 
                        target;
                    ``(B) an explanation of how the harm identified 
                under subparagraph (A) relates to the ongoing and 
                authorized national security investigation to which the 
                records sought are relevant;
                    ``(C) an explanation of how the nondisclosure 
                requirement is narrowly tailored to address the 
                specific harm identified under subparagraph (A); and
                    ``(D) the time period during which the Government 
                believes the nondisclosure requirement should apply.
            ``(3) Standard.--A district court of the United States may 
        issue a nondisclosure requirement order or extension thereof 
        under this subsection if the court determines that--
                    ``(A) there is reason to believe that disclosure of 
                the information subject to the nondisclosure 
                requirement during the applicable time period will 
                result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations; or
                            ``(vi) otherwise seriously endangering the 
                        national security of the United States by 
                        alerting a target, an associate of a target, or 
                        the foreign power of which the target is an 
                        agent, of the interest of the Government in the 
                        target;
                    ``(B) the harm identified under subparagraph (A) 
                relates to the ongoing and authorized national security 
                investigation to which the records sought are relevant; 
                and
                    ``(C) the nondisclosure requirement is narrowly 
                tailored to address the specific harm identified under 
                subparagraph (A).
            ``(4) Renewal.--A nondisclosure order under this subsection 
        may be renewed for additional periods of not longer than 1 
        year, unless the facts of the case justify a longer period of 
        nondisclosure, upon submission of an application meeting the 
        requirements of paragraph (2), and a determination by the court 
        that the circumstances described in paragraph (3) continue to 
        exist.''.
    (b) Disclosure.--Section 3511(d) of title 18, United States Code, 
is amended to read as follows:
    ``(d) Disclosure.--In making determinations under this section, 
unless the district court of the United States finds that disclosure 
would not assist in determining any legal or factual issue pertinent to 
the case, the court may disclose to the petitioner, the counsel of the 
petitioner, or both, under the procedures and standards provided in the 
Classified Information Procedures Act (18 U.S.C. App.) or other 
appropriate security procedures and protective orders, portions of the 
National Security Letter, or related materials.''.
    (c) Conforming Amendments.--Section 3511 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting after ``(a)'' the following 
                ``Request.--'';
                    (B) by striking ``2709(b)'' and inserting ``2709'';
                    (C) by striking ``626(a) or (b) or 627(a)'' and 
                inserting ``626''; and
                    (D) by striking ``1114(a)(5)(A)'' and inserting 
                ``1114''; and
            (2) in subsection (c)--
                    (A) by inserting after ``(c)'' the following 
                ``Failure to Comply.--'';
                    (B) by striking ``2709(b)'' and inserting ``2709'';
                    (C) by striking ``626(a) or (b) or 627(a)'' and 
                inserting ``626''; and
                    (D) by striking ``1114(a)(5)(A)'' and inserting 
                ``1114''.
    (d) Repeal.--Section 3511(e) of title 18, United States Code, is 
repealed.

SEC. 103. NATIONAL SECURITY LETTER COMPLIANCE PROGRAM AND TRACKING 
              DATABASE.

    (a) Compliance Program.--The Director of the Federal Bureau of 
Investigation shall establish a program to ensure compliance with the 
amendments made by section 101.
    (b) Tracking Database.--The compliance program required under 
subsection (a) shall include the establishment of a database, the 
purpose of which shall be to track all National Security Letters.
    (c) Information.--The database required under this section shall 
include--
            (1) a signed copy of each National Security Letter;
            (2) the date the National Security Letter was issued and 
        for what type of information;
            (3) whether the National Security Letter seeks information 
        regarding a United States person;
            (4) identification of the ongoing and authorized national 
        security investigation (other than an assessment) to which the 
        National Security Letter relates;
            (5) whether the National Security Letter seeks information 
        regarding an individual who is the subject of the investigation 
        described in paragraph (4);
            (6) the date on which the information requested was 
        received and, if applicable, when the information was 
        destroyed; and
            (7) whether the information gathered was disclosed for law 
        enforcement purposes.
    (d) Definitions.--In this section--
            (1) the term ``assessment'' means an assessment, as that 
        term is used in the guidelines entitled ``The Attorney 
        General's Guidelines for Domestic FBI Operations'', or any 
        successor thereto; and
            (2) the term ``National Security Letter'' means a National 
        Security Letter issued by the Federal Bureau of Investigation 
        under section 1114 of the Right to Financial Privacy Act of 
        1978 (12 U.S.C. 3414), section 626 of the Fair Credit Reporting 
        Act (15 U.S.C. 1681u), or section 2709 of title 18, United 
        States Code.

SEC. 104. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

    Section 118(c) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (18 U.S.C. 3511 note) is amended--
            (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) Content.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each report required under this 
                subsection shall include the total number of requests 
                described in paragraph (1) requiring disclosure of 
                information concerning--
                            ``(i) United States persons;
                            ``(ii) persons who are not United States 
                        persons;
                            ``(iii) persons who are the subjects of 
                        authorized national security investigations; or
                            ``(iv) persons who are not the subjects of 
                        authorized national security investigations.
                    ``(B) Exception.--With respect to the number of 
                requests for subscriber information under section 2709 
                of title 18, United States Code, a report required 
                under this subsection need not provide information 
                separated into each of the categories described in 
                subparagraph (A).''.

SEC. 105. EMERGENCY DISCLOSURES.

    (a) Enhanced Protections for Emergency Disclosures.--
            (1) Stored communications act.--Section 2702 of title 18, 
        United States Code is amended--
                    (A) in subsection (b)(8)--
                            (i) by striking ``, in good faith,'' and 
                        inserting ``reasonably'';
                            (ii) by inserting ``immediate'' after 
                        ``involving''; and
                            (iii) by adding before the period: ``and 
                        the request is narrowly tailored to address the 
                        emergency, subject to the limitations of 
                        subsection (d)'';
                    (B) in subsection (c)(4)--
                            (i) by striking ``, in good faith,'' and 
                        inserting ``reasonably'';
                            (ii) by inserting ``immediate'' after 
                        ``involving''; and
                            (iii) by adding before the period: ``, 
                        subject to the limitations of subsection (d)'';
                    (C) by redesignating subsection (d) as subsection 
                (e);
                    (D) by inserting after subsection (c) the 
                following:
    ``(d) Requirement.--
            ``(1) Request.--If a governmental entity requests that a 
        provider divulge information under subsection (b)(8) or (c)(4), 
        the request shall specify that the disclosure is on a voluntary 
        basis and shall document the factual basis for believing that 
        an emergency involving immediate danger of death or serious 
        physical injury to a person requires disclosure without delay 
        of the information relating to the emergency.
            ``(2) Notice to court.--Not later than 5 days after the 
        date on which a governmental entity obtains access to records 
        under subsection (b)(8) or (c)(4), a governmental entity shall 
        file with the appropriate court a signed, sworn statement of a 
        supervisory official of a rank designated by the head of the 
        governmental entity setting forth the grounds for the emergency 
        access.''; and
                    (E) in subsection (e), as so redesignated, in each 
                of paragraphs (1) and (2), by striking ``subsection 
                (b)(8)'' and inserting ``subsections (b)(8) and 
                (c)(4)''.
            (2) Right to financial privacy act.--
                    (A) Emergency disclosures.--The Right to Financial 
                Privacy Act of 1978 (12 U.S.C. 3401 et seq.) is amended 
                by inserting after section 1120 the following:

``SEC. 1121. EMERGENCY DISCLOSURES.

    ``(a) In General.--
            ``(1) Standard.--A financial institution may divulge a 
        record described in section 1114(a) pertaining to a customer to 
        a Government authority, if the financial institution reasonably 
        believes that an emergency involving immediate danger of death 
        or serious physical injury to a person requires disclosure 
        without delay of information relating to the emergency and the 
        request is narrowly tailored to address the emergency.
            ``(2) Notice in request.--If a Government authority 
        requests that a financial institution divulge information under 
        this section, the request shall specify that the disclosure is 
        on a voluntary basis, and shall document the factual basis for 
        believing that an emergency involving immediate danger of death 
        or serious physical injury to a person requires disclosure 
        without delay of the information.
    ``(b) Certificate.--In the instances described in subsection (a), 
the Government authority shall submit to the financial institution the 
certificate required in section 1103(b), signed by a supervisory 
official of a rank designated by the head of the Government authority.
    ``(c) Notice to Court.--Not later than 5 days after the date on 
which a Government authority obtains access to financial records under 
this section, the Government authority shall file with the appropriate 
court a signed, sworn statement of a supervisory official of a rank 
designated by the head of the Government authority setting forth the 
grounds for the emergency access. After filing a statement under this 
subsection, a Government authority shall provide notice to the customer 
in accordance with section 1109.
    ``(d) Reporting of Emergency Disclosures.--On an annual basis, the 
Attorney General of the United States shall submit to the Committee on 
the Judiciary and the Committee on Financial Services of the House of 
Representatives and the Committee on the Judiciary and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a report containing--
            ``(1) the number of individuals for whom the Department of 
        Justice has received voluntary disclosures under this section; 
        and
            ``(2) a summary of the bases for disclosure in those 
        instances where--
                    ``(A) voluntary disclosures under this section were 
                made to the Department of Justice; and
                    ``(B) the investigation pertaining to those 
                disclosures was closed without the filing of criminal 
                charges.
    ``(e) Definition.--In this section, the term `financial 
institution' has the meaning given that term in section 1114(c).''.
                    (B) Conforming amendments.--The Right to Financial 
                Privacy Act of 1978 (12 U.S.C. 3401 et seq.) is 
                amended--
                            (i) in section 1102 (12 U.S.C. 3402), by 
                        striking ``or 1114'' and inserting ``1114, or 
                        1121''; and
                            (ii) in section 1109(c) (12 U.S.C. 
                        3409(c)), by striking ``1114(b)'' and inserting 
                        ``1121''.
    (b) Clarification Regarding Data Retention.--Subsection 2703(f) of 
title 18, United States Code, is amended by adding at the end the 
following:
            ``(3) No disclosure without court order.--A provider of 
        wire or electronic communications services or a remote 
        computing service who has received a request under this 
        subsection shall not disclose the records referred to in 
        paragraph (1) until the provider has received a court order or 
        other process.''.

SEC. 106. LEAST INTRUSIVE MEANS.

    (a) Guidelines.--
            (1) In general.--The Attorney General shall issue 
        guidelines (consistent with Executive Order 12333 or any 
        successor order) providing that, in national security 
        investigations, the least intrusive collection techniques 
        feasible shall be used if there is a choice between the use of 
        more or less intrusive information collection methods.
            (2) Specific collection techniques.--The guidelines 
        required under this section shall provide guidance with regard 
        to specific collection techniques, including the use of 
        National Security Letters, considering such factors as--
                    (A) the effect on the privacy of individuals;
                    (B) the potential damage to reputation of 
                individuals; and
                    (C) any special concerns under the first amendment 
                to the Constitution of the United States relating to a 
                potential recipient of a National Security Letter or 
                other legal process, including a direction that prior 
                to issuing a National Security Letter or other legal 
                process to a library or bookseller, investigative 
                procedures aimed at obtaining the relevant information 
                from entities other than a library or bookseller be 
                used and have failed, or reasonably appear to be 
                unlikely to succeed if tried or endanger lives if 
                tried.
    (b) Definitions.--In this section:
            (1) Bookseller.--The term ``bookseller'' means a person or 
        entity engaged in the sale, rental, or delivery of books, 
        journals, magazines, or other similar forms of communication in 
        print or digitally.
            (2) Library.--The term ``library'' means a library (as that 
        term is defined in section 213(1) of the Library Services and 
        Technology Act (20 U.S.C. 9122(1))) whose services include 
        access to the Internet, books, journals, magazines, newspapers, 
        or other similar forms of communication in print or digitally 
        to patrons for their use, review, examination, or circulation.
            (3) National security letter.--The term ``National Security 
        Letter'' means a National Security Letter issued by the Federal 
        Bureau of Investigation under section 1114 of the Right to 
        Financial Privacy Act of 1978 (12 U.S.C. 3414), section 626 of 
        the Fair Credit Reporting Act (15 U.S.C. 1681u), or section 
        2709 of title 18, United States Code.

SEC. 107. PRIVACY PROTECTIONS FOR SECTION 215 BUSINESS RECORDS ORDERS.

    (a) Privacy Protections for Section 215 Business Records Orders.--
            (1) In general.--Section 501(b) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is amended--
                    (A) in paragraph (1)(B), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``, 
                        such things being presumptively'' and all that 
                        follows through the end of the subparagraph and 
                        inserting a semicolon; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) a statement of specific and articulable facts 
                providing reason to believe that the tangible things 
                sought--
                            ``(i) pertain to a suspected agent of a 
                        foreign power or an individual who is the 
                        subject of an ongoing and authorized national 
                        security investigation (other than an 
                        assessment (as defined in section 2709 of title 
                        18, United States Code));
                            ``(ii) pertain to an individual who has 
                        been in contact with, or otherwise directly 
                        linked to, a suspected agent of a foreign power 
                        or an individual who is the subject of an 
                        ongoing and authorized national security 
                        investigation (other than an assessment); or
                            ``(iii) pertain to the activities of a 
                        suspected agent of a foreign power, where those 
                        activities are the subject of an ongoing and 
                        authorized national security investigation 
                        (other than an assessment), and obtaining the 
                        records is the least intrusive means that could 
                        be used to identify persons believed to be 
                        involved in the activities; and
                    ``(C) a statement of proposed minimization 
                procedures; and''; and
                    (C) by adding at the end the following:
            ``(3) if the applicant is seeking a nondisclosure 
        requirement described in subsection (d), shall include--
                    ``(A) a statement of specific and articulable facts 
                providing reason to believe that disclosure of 
                particular information about the existence or contents 
                of the order requiring the production of tangible 
                things under this section during the applicable time 
                period will result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations; or
                            ``(vi) otherwise seriously endangering the 
                        national security of the United States by 
                        alerting a target, an associate of a target, or 
                        the foreign power of which the target is an 
                        agent, of the interest of the Government in the 
                        target;
                    ``(B) an explanation of how the harm identified 
                under subparagraph (A) is related to the authorized 
                investigation to which the tangible things sought are 
                relevant;
                    ``(C) an explanation of how the nondisclosure 
                requirement is narrowly tailored to address the 
                specific harm identified under subparagraph (A); and
                    ``(D) the time period during which the Government 
                believes the nondisclosure requirement should apply.''.
            (2) Order.--Section 501(c) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``subsections (a) and (b)'' 
                        and inserting ``subsection (a) and paragraphs 
                        (1) and (2) of subsection (b) and that the 
                        proposed minimization procedures meet the 
                        definition of minimization procedures under 
                        subsection (g)''; and
                            (ii) by striking the last sentence and 
                        inserting the following: ``If the judge finds 
                        that the requirements of subsection (b)(3) have 
                        been met, such order shall include a 
                        nondisclosure requirement, which may apply for 
                        not longer than 1 year, unless the facts 
                        justify a longer period of nondisclosure, 
                        subject to the principles and procedures 
                        described in subsection (d).''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (C), by inserting 
                        before the semicolon ``, if applicable'';
                            (ii) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(F) shall direct that the minimization procedures 
                be followed.''.
            (3) Nondisclosure.--Section 501(d) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is 
        amended to read as follows:
    ``(d) Nondisclosure.--
            ``(1) In general.--No person who receives an order under 
        subsection (c) that contains a nondisclosure requirement shall 
        disclose to any person the particular information specified in 
        the nondisclosure requirement during the time period to which 
        the requirement applies.
            ``(2) Exception.--
                    ``(A) Disclosure.--A person who receives an order 
                under subsection (c) that contains a nondisclosure 
                requirement may disclose information otherwise subject 
                to any applicable nondisclosure requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with an order 
                        under this section;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the order; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made under subparagraph (A) shall be subject to the 
                nondisclosure requirements applicable to a person to 
                whom an order is directed under this section in the 
                same manner as the person to whom the order is 
                directed.
                    ``(C) Notification.--Any person who discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                notify the person of the applicable nondisclosure 
                requirement.
            ``(3) Extension.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director (whose rank shall 
        be no lower than Assistant Special Agent in Charge), may apply 
        for renewals for the prohibition on disclosure of particular 
        information about the existence or contents of an order 
        requiring the production of tangible things under this section 
        for additional periods of not longer than 1 year, unless the 
        facts justify a longer period of nondisclosure. A nondisclosure 
        requirement shall be renewed if a court having jurisdiction 
        under paragraph (4) determines that the application meets the 
        requirements of subsection (b)(3).
            ``(4) Jurisdiction.--An application for a renewal under 
        this subsection shall be made to--
                    ``(A) a judge of the court established under 
                section 103(a); or
                    ``(B) a United States Magistrate Judge under 
                chapter 43 of title 28, United States Code, who is 
                publicly designated by the Chief Justice of the United 
                States to have the power to hear applications and grant 
                orders for the production of tangible things under this 
                section on behalf of a judge of the court established 
                under section 103(a).''.
            (4) Minimization.--Section 501(g) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is 
        amended--
                    (A) in paragraph (1), by striking ``Not later 
                than'' and all that follows and inserting ``At or 
                before the end of the period of time for the production 
                of tangible things under an order approved under this 
                section or at any time after the production of tangible 
                things under an order approved under this section, a 
                judge may assess compliance with the minimization 
                procedures by reviewing the circumstances under which 
                information concerning United States persons was 
                acquired, retained, or disseminated.''; and
                    (B) in paragraph (2)(A), by inserting ``acquisition 
                and'' after ``to minimize the''.
            (5) Use of information.--Section 501(h) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(h)) is 
        amended to read as follows:
    ``(h) Use of Information.--
            ``(1) In general.--
                    ``(A) Consent.--Any tangible things or information 
                acquired from an order under this section concerning 
                any United States person may be used and disclosed by 
                Federal officers and employees without the consent of 
                the United States person only in accordance with the 
                minimization procedures required under this section.
                    ``(B) Use and disclosure.--No tangible things or 
                information acquired under an order under this section 
                may be used or disclosed by Federal officers or 
                employees except for lawful purposes.
            ``(2) Disclosure for law enforcement purposes.--No tangible 
        things or information acquired from an order under this section 
        shall be disclosed for law enforcement purposes unless the 
        disclosure is accompanied by a statement that the tangible 
        things or information, or any information derived therefrom, 
        may only be used in a criminal proceeding with the advance 
        authorization of the Attorney General.
            ``(3) Notification of intended disclosure by the united 
        states.--Whenever the United States intends to enter into 
        evidence or otherwise use or disclose in any trial, hearing, or 
        other proceeding in or before any court, department, officer, 
        agency, regulatory body, or other authority of the United 
        States against an aggrieved person any tangible things or 
        information obtained or derived from an order under this 
        section, the United States shall, before the trial, hearing, or 
        other proceeding or at a reasonable time before an effort to so 
        disclose or so use the tangible things or information or submit 
        them in evidence, notify the aggrieved person and the court or 
        other authority in which the tangible things or information are 
        to be disclosed or used that the United States intends to so 
        disclose or so use the tangible things or information.
            ``(4) Notification of intended disclosure by state or 
        political subdivision.--Whenever any State or political 
        subdivision thereof intends to enter into evidence or otherwise 
        use or disclose in any trial, hearing, or other proceeding in 
        or before any court, department, officer, agency, regulatory 
        body, or other authority of the State or political subdivision 
        thereof against an aggrieved person any tangible things or 
        information obtained or derived from an order issued under this 
        section, the State or political subdivision thereof shall 
        notify the aggrieved person, the court or other authority in 
        which the tangible things or information are to be disclosed or 
        used, and the Attorney General that the State or political 
        subdivision thereof intends to so disclose or so use the 
        tangible things or information.
            ``(5) Motion to suppress.--
                    ``(A) In general.--Any aggrieved person against 
                whom evidence obtained or derived from an order issued 
                under this section is to be, or has been, introduced or 
                otherwise used or disclosed in any trial, hearing, or 
                other proceeding in or before any court, department, 
                officer, agency, regulatory body, or other authority of 
                the United States, or a State or political subdivision 
                thereof, may move to suppress the evidence obtained or 
                derived from the order, as the case may be, on the 
                grounds that--
                            ``(i) the tangible things or information 
                        were acquired in violation of the Constitution 
                        or laws of the United States; or
                            ``(ii) the order was not issued in 
                        accordance with the requirements of this 
                        section.
                    ``(B) Timing.--A motion under subparagraph (A) 
                shall be made before the trial, hearing, or other 
                proceeding unless there was no opportunity to make such 
                a motion or the aggrieved person concerned was not 
                aware of the grounds of the motion.
            ``(6) Judicial review.--
                    ``(A) In general.--In a circumstance described in 
                subparagraph (B), a United States district court or, 
                where the motion is made before another authority, the 
                United States district court in the same district as 
                the authority shall, if the Attorney General files an 
                affidavit under oath that disclosure would harm the 
                national security of the United States, review in 
                camera the application, order, and such other related 
                materials relating to the order issued under this 
                section as may be necessary to determine whether the 
                order was lawfully authorized and served.
                    ``(B) Circumstances.--A circumstance described in 
                this subparagraph is a circumstance in which--
                            ``(i) a court or other authority is 
                        notified under paragraph (3) or (4);
                            ``(ii) a motion is made under paragraph 
                        (5); or
                            ``(iii) any motion or request is made by an 
                        aggrieved person under any other statute or 
                        rule of the United States or any State before 
                        any court or other authority of the United 
                        States or any State to--
                                    ``(I) discover or obtain 
                                applications, orders, or other 
                                materials relating to an order issued 
                                under this section; or
                                    ``(II) discover, obtain, or 
                                suppress evidence or information 
                                obtained or derived from an order 
                                issued under this section.
                    ``(C) Disclosure.--In making a determination under 
                subparagraph (A), unless the United States district 
                court finds that disclosure would not assist in 
                determining any legal or factual issue pertinent to the 
                case, the court may disclose to the aggrieved person, 
                the counsel for the aggrieved person, or both, under 
                the procedures and standards provided in the Classified 
                Information Procedures Act (18 U.S.C. App.) or other 
                appropriate security procedures and protective orders, 
                portions of the application, order, or other related 
                materials, or evidence or information obtained or 
                derived from the order.
            ``(7) Effect of determination of lawfulness.--
                    ``(A) Unlawful orders.--If a United States district 
                court determines under paragraph (6) that an order was 
                not authorized or served in compliance with the 
                Constitution or laws of the United States, the court 
                may suppress the evidence which was unlawfully obtained 
                or derived from the order or otherwise grant the motion 
                of the aggrieved person.
                    ``(B) Lawful orders.--If the court determines that 
                an order issued under this section was lawfully 
                authorized and served, it shall deny the motion of the 
                aggrieved person except to the extent that due process 
                requires discovery or disclosure.
            ``(8) Binding final orders.--An order granting a motion or 
        request under paragraph (6), a decision under this section that 
        an order issued under this section was not lawful, and an order 
        of a United States district court requiring review or granting 
        disclosure of an application, order, or other materials 
        relating to an order issued under this section shall be a final 
        order and binding upon all courts of the United States and the 
        several States, except an appeal or petition to a United States 
        court of appeals or the Supreme Court of the United States.''.
            (6) Definition.--
                    (A) In general.--Title V of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 
                et seq.) is amended by adding at the end the following:

``SEC. 503. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) In general.--Except as provided in this section, 
        terms used in this title that are also used in title I shall 
        have the meanings given those terms by section 101.
            ``(2) Aggrieved person.--The term `aggrieved person' means 
        any person whose tangible things or information were acquired 
        under an order issued under this title.''.
                    (B) Technical and conforming amendment.--The table 
                of contents in the first section of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 
                et seq.) is amended by inserting after the item 
                relating to section 502 the following:

``Sec. 503. Definitions.''.
    (b) Judicial Review of Section 215 Orders.--Section 501(f) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
amended to read as follows:
    ``(f) Judicial Review.--
            ``(1) Order for production.--Not later than the earlier of 
        21 days after the date of service upon any person of an order 
        issued under subsection (c) and the return date specified in 
        the order, the person may file, in the court established under 
        section 103(a) or in the United States district court for the 
        judicial district within which the person resides, is found, or 
        transacts business, a petition for the court to modify or set 
        aside the order. The period for compliance with an order issued 
        under subsection (c), or any portion of the order, shall be 
        tolled while a petition under this paragraph is pending in the 
        court. A petition under this paragraph shall specify each 
        ground upon which the petitioner relies in seeking relief, and 
        may be based upon any failure of the order issued under 
        subsection (c) to comply with this section or upon any 
        constitutional or other legal right or privilege of the person.
            ``(2) Nondisclosure order.--
                    ``(A) In general.--A person prohibited from 
                disclosing information under subsection (d) may file, 
                in the court established under section 103(a) or in the 
                United States district court for the judicial district 
                within which the person resides, is found, or transacts 
                business, a petition for the court to set aside the 
                nondisclosure requirement. A petition under this 
                subparagraph shall specify each ground upon which the 
                petitioner relies in seeking relief, and may be based 
                upon any failure of the nondisclosure requirement to 
                comply with this section or upon any constitutional or 
                other legal right or privilege of the person.
                    ``(B) Standard.--The court shall modify or set 
                aside a nondisclosure requirement unless the court 
                determines that--
                            ``(i) there is reason to believe that 
                        disclosure of the information subject to the 
                        nondisclosure requirement during the applicable 
                        time period will result in--
                                    ``(I) endangering the life or 
                                physical safety of any person;
                                    ``(II) flight from prosecution;
                                    ``(III) destruction of or tampering 
                                with evidence;
                                    ``(IV) intimidation of potential 
                                witnesses;
                                    ``(V) interference with diplomatic 
                                relations; or
                                    ``(VI) otherwise seriously 
                                endangering the national security of 
                                the United States by alerting a target, 
                                an associate of a target, or the 
                                foreign power of which the target is an 
                                agent, of the interest of the 
                                Government in the target;
                            ``(ii) the harm identified under clause (i) 
                        relates to the authorized investigation to 
                        which the tangible things sought are relevant; 
                        and
                            ``(iii) the nondisclosure requirement is 
                        narrowly tailored to address the specific harm 
                        identified under clause (i).
            ``(3) Rulemaking.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the JUSTICE Act, the court 
                established under section 103(a) shall comply with 
                section 103(g) by establishing any rules and procedures 
                and taking any actions as are reasonably necessary to 
                administer the responsibilities of the court under this 
                subsection.
                    ``(B) Reporting.--Not later than 30 days after the 
                date on which the court promulgates rules and 
                procedures under subparagraph (A), the court 
                established under section 103(a) shall transmit a copy 
                of the rules and procedures, in an unclassified for to 
                the greatest extent possible (with a classified annex, 
                if necessary), to the persons and entities listed in 
                section 103(g)(2).
            ``(4) Disclosures to petitioners.--In making determinations 
        under this subsection, unless the court finds that disclosure 
        would not assist in determining any legal or factual issue 
        pertinent to the case, the court may disclose to the 
        petitioner, the counsel for the petitioner, or both, under the 
        procedures and standards provided in the Classified Information 
        Procedures Act (18 U.S.C. App.) or other appropriate security 
        procedures and protective orders, portions of the application, 
        order, or other related materials.''.
    (c) Sunset Repeal.--Section 102(b) of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 
note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is repealed.

SEC. 108. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Title 18.--Section 1510(e) of title 18, United States Code, is 
amended by striking ``Whoever,'' and all that follows through 
``knowingly'' and inserting ``Whoever, having been notified of the 
applicable disclosure prohibitions or confidentiality requirements of 
section 2709 of this title, section 626 of the Fair Credit Reporting 
Act (15 U.S.C. 1681u), section 1114 of the Right to Financial Privacy 
Act of 1978 (12 U.S.C. 3414), or section 802 of the National Security 
Act of 1947 (50 U.S.C. 436), knowingly''.
    (b) Other Law.--Section 507(b) of the National Security Act of 1947 
(50 U.S.C. 415b(b)) is amended--
            (1) by striking paragraphs (4) and (5); and
            (2) by redesignating paragraph (6) as paragraph (4).

 TITLE II--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS' 
                                 HOMES

SEC. 201. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS.

    Section 3103a of title 18, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``may have an 
                adverse result (as defined in section 2705, except if 
                the adverse results consist only of unduly delaying a 
                trial)'' and inserting ``will endanger the life or 
                physical safety of an individual, result in flight from 
                prosecution, result in the destruction of or tampering 
                with the evidence sought under the warrant, or result 
                in intimidation of potential witnesses''; and
                    (B) in paragraph (3), by striking ``30 days'' and 
                all that follows and inserting ``7 days after the date 
                of its execution.'';
            (2) in subsection (c), by striking ``for good cause shown'' 
        and all that follows and inserting ``upon application of the 
        Attorney General, the Deputy Attorney General, or an Associate 
        Attorney General, for additional periods of not more than 21 
        days for each application, if the court finds, for each 
        application, reasonable cause to believe that notice of the 
        execution of the warrant will endanger the life or physical 
        safety of an individual, result in flight from prosecution, 
        result in the destruction of or tampering with the evidence 
        sought under the warrant, or result in intimidation of 
        potential witnesses.'';
            (3) by redesignating subsection (d) as subsection (e); and
            (4) by inserting after subsection (c) the following:
    ``(d) Prohibition on Use as Evidence.--If any property or material 
has been seized under subsection (b) and notice has been delayed, the 
property or material and any evidence derived therefrom may not be 
received in evidence in any trial, hearing, or other proceeding in or 
before any court, grand jury, department, officer, agency, regulatory 
body, legislative committee, or other authority of the United States, a 
State, or a political subdivision thereof if the property or material 
was obtained in violation of this section, or if notice required by 
this section or by a warrant issued under this section was not provided 
or was not timely provided.''.

 TITLE III--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS' 
                             COMMUNICATIONS

SEC. 301. LIMITATIONS ON ROVING WIRETAPS UNDER FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT.

    Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1805(c)) is amended--
            (1) in paragraph (1), by striking subparagraphs (A) and (B) 
        and inserting the following:
            ``(A)(i) the identity of the target of the electronic 
        surveillance, if known; or
            ``(ii) if the identity of the target is not known, a 
        description of the specific target and the nature and location 
        of the facilities and places at which the electronic 
        surveillance will be directed;
            ``(B)(i) the nature and location of each of the facilities 
        or places at which the electronic surveillance will be 
        directed, if known; or
            ``(ii) if any of the facilities or places are not known, 
        the identity of the target;''; and
            (2) in paragraph (2)--
                    (A) by redesignating subparagraphs (B) through (D) 
                as subparagraphs (C) through (E), respectively; and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) in cases where the facility or place at which 
                the electronic surveillance will be directed is not 
                known at the time the order is issued, that the 
                electronic surveillance be conducted only for such time 
                as it is reasonable to presume that the target of the 
                surveillance is or was reasonably proximate to the 
                particular facility or place;''.

SEC. 302. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE 
              DEVICES.

    (a) Criminal Authority.--
            (1) Application for an order.--Section 3122(b) of title 18, 
        United States Code, is amended by striking paragraph (2) and 
        inserting the following:
            ``(2) a statement by the applicant that the information 
        likely to be obtained is--
                    ``(A) relevant to an ongoing criminal investigation 
                being conducted by that agency; and
                    ``(B) there are specific and articulable facts 
                providing reason to believe that the information--
                            ``(i) pertains to an individual who is the 
                        subject of an ongoing criminal investigation;
                            ``(ii) pertains to an individual who has 
                        been in contact with, or otherwise directly 
                        linked to, an individual who is the subject of 
                        an ongoing criminal investigation; or
                            ``(iii) pertain to the activities of an 
                        individual who is the subject of an ongoing 
                        criminal investigation, where those activities 
                        are the subject of an ongoing criminal 
                        investigation, and obtaining the records is the 
                        least intrusive means that could be used to 
                        identify persons believed to be involved in the 
                        activities.''.
            (2) Issuance of an order.--Section 3123(a) of title 18, 
        United States Code, is amended--
                    (A) in paragraph (1), by striking ``the attorney 
                for the Government has certified to the court that the 
                information likely to be obtained by such installation 
                and use is relevant to an ongoing criminal 
                investigation.'' and inserting ``the application meets 
                the requirements of section 3122.''; and
                    (B) in paragraph (2), by striking ``the State law 
                enforcement or investigative officer'' and all that 
                follows and inserting ``the application meets the 
                requirements of section 3122.''.
            (3) Reporting.--Section 3126 of title 18, United States 
        Code, is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``law enforcement agencies of the Department 
                of Justice'' and inserting ``attorneys for the 
                Government'';
                    (B) in paragraph (4), by striking ``and'' at the 
                end;
                    (C) in paragraph (5), by striking the period and 
                inserting a semicolon;
                    (D) in the matter preceding paragraph (1), by 
                striking ``The Attorney General'' and inserting the 
                following:
    ``(a) Report to Congress.--The Attorney General''; and
                    (E) by adding at the end the following:
            ``(6) whether the application for the order and the 
        applications for any extensions were granted as applied for, 
        modified, or denied;
            ``(7) the specific types of dialing, routing, addressing, 
        or signaling information sought in the application and obtained 
        with the order; and
            ``(8) a summary of any litigation to which the Government 
        is or was a party regarding the interpretation of this chapter.
    ``(b) Public Report.--The Attorney General shall annually make 
public a full and complete report concerning the number of applications 
for pen register orders and orders for trap and trace devices applied 
for under this chapter and the number of the orders and extensions of 
the orders granted or denied under this chapter during the preceding 
calendar year. Each report under this subsection shall include a 
summary and analysis of the data required to be reported to Congress 
under subsection (a).''.
            (4) Notice.--Section 3123 of title 18, United States Code, 
        is amended by adding at the end the following:
    ``(e) Notice.--
            ``(1) Inventory.--A court that receives an application for 
        an order or extension under section 3122(a) shall cause to be 
        served on the persons named in the application, and any other 
        party to communications the court determines should receive 
        notice in the interest of justice, an inventory, including--
                    ``(A) the fact of the application for an order or 
                extension under section 3122(a) and whether the court 
                granted or denied the application; and
                    ``(B) if the order or extension was granted--
                            ``(i) the date of the entry of the order or 
                        extension and the period of authorized, 
                        approved, or disapproved use of the pen 
                        register or trap and trace device;
                            ``(ii) whether a pen register or trap and 
                        trace device was installed or used during the 
                        period authorized; and
                            ``(iii) the specific types of dialing, 
                        routing, addressing, or signaling information 
                        sought in the application and collected by the 
                        pen register or trap and trace device.
            ``(2) Timing.--The court shall serve notice under paragraph 
        (1) within a reasonable time, but not later than 90 days 
        after--
                    ``(A) the date of the filing of the application for 
                an order or extension under section 3122(a) that is 
                denied; or
                    ``(B) the date on which an order, or extensions 
                thereof, that is granted terminates.
            ``(3) Delay.--The court may issue an ex parte order 
        postponing the service of the inventory required under 
        paragraph (1) upon a showing of good cause by an attorney for 
        the Government.
            ``(4) Inspection.--Upon the filing of a motion, the court 
        may make available for inspection by a person served under 
        paragraph (1), or counsel for the person, such portions of the 
        collected communications, applications, and orders as the court 
        determines to be in the interest of justice.''.
    (b) Foreign Intelligence Authority.--
            (1) Application.--Section 402(c) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is 
        amended--
                    (A) in paragraph (1), buy striking ``and'' at the 
                end; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) a statement by the applicant that--
                    ``(A) the records sought are relevant to an ongoing 
                and authorized national security investigation (other 
                than an assessment (as defined in section 2709 of title 
                18, United States Code)); and
                    ``(B) there are specific and articulable facts 
                providing reason to believe that the records--
                            ``(i) pertain to a suspected agent of a 
                        foreign power or an individual who is the 
                        subject of an ongoing and authorized national 
                        security investigation (other than an 
                        assessment);
                            ``(ii) pertain to an individual who has 
                        been in contact with, or otherwise directly 
                        linked to, a suspected agent of a foreign power 
                        or an individual who is the subject of an 
                        ongoing and authorized national security 
                        investigation (other than an assessment); or
                            ``(iii) pertain to the activities of a 
                        suspected agent of a foreign power, where those 
                        activities are the subject of an ongoing and 
                        authorized national security investigation 
                        (other than an assessment), and obtaining the 
                        records is the least intrusive means that could 
                        be used to identify persons believed to be 
                        involved in the activities; and
            ``(3) a statement of proposed minimization procedures.''.
            (2) Minimization.--
                    (A) Definition.--Section 401 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1841) 
                is amended by adding at the end the following:
            ``(4) The term `minimization procedures' means--
                    ``(A) specific procedures that are reasonably 
                designed in light of the purpose and technique of an 
                order for the installation and use of a pen register or 
                trap and trace device, to minimize the acquisition and 
                retention, and prohibit the dissemination, of 
                nonpublicly available information concerning 
                unconsenting United States persons consistent with the 
                need of the United States to obtain, produce, and 
                disseminate foreign intelligence information;
                    ``(B) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information, as defined in section 
                101(e)(1), shall not be disseminated in a manner that 
                identifies any United States person, without such 
                person's consent, unless such person's identity is 
                necessary to understand foreign intelligence 
                information or assess its importance; and
                    ``(C) notwithstanding subparagraphs (A) and (B), 
                procedures that allow for the retention and 
                dissemination of information that is evidence of a 
                crime which has been, is being, or is about to be 
                committed and that is to be retained or disseminated 
                for law enforcement purposes.''.
                    (B) Pen registers and trap and trace devices.--
                Section 402 of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1842) is amended--
                            (i) in subsection (d)--
                                    (I) in paragraph (1), by inserting 
                                ``, and that the proposed minimization 
                                procedures meet the definition of 
                                minimization procedures under this 
                                title'' before the period at the end; 
                                and
                                    (II) in paragraph (2)(B)--
                                            (aa) in clause (ii)(II), by 
                                        striking ``and'' after the 
                                        semicolon; and
                                            (bb) by adding at the end 
                                        the following:
                            ``(iv) the minimization procedures be 
                        followed; and''; and
                            (ii) by adding at the end the following:
    ``(h) At or before the end of the period of time for which the 
installation and use of a pen register or trap and trace device is 
approved under an order or an extension under this section, the judge 
may assess compliance with the minimization procedures by reviewing the 
circumstances under which information concerning United States persons 
was acquired, retained, or disseminated.''.
                    (C) Emergencies.--Section 403 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) 
                is amended--
                            (i) by redesignating subsection (c) as (d); 
                        and
                            (ii) by inserting after subsection (b) the 
                        following:
    ``(c) If the Attorney General authorizes the emergency installation 
and use of a pen register or trap and trace device under this section, 
the Attorney General shall require that the minimization procedures 
required by this title for the issuance of a judicial order be 
followed.''.
                    (D) Use of information.--Section 405(a) of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1845(a)) is amended by striking ``provisions 
                of'' and inserting ``minimization procedures required 
                under''.

SEC. 303. REPEAL OF TELECOMMUNICATIONS IMMUNITY.

    (a) In General.--The Foreign Intelligence Surveillance Act of 1978 
is amended by striking title VIII (50 U.S.C. 1885 et seq.).
    (b) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed to affect any limitation on liability 
otherwise provided under titles I through VII of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), title 
18, United States Code, or the Protect America Act of 2007 (Public Law 
110-55; 121 Stat. 552) or the amendments made by that Act.
    (c) Technical and Conforming Amendment.--The table of contents in 
the first section of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended by striking the items relating to 
title VIII and sections 801, 802, 803, and 804.

SEC. 304. PROHIBITION ON BULK COLLECTION UNDER FISA AMENDMENTS ACT.

    Section 702(g)(2)(A) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1881a(g)(2)(A)) is amended--
            (1) in clause (vi), by striking ``and'' at the end;
            (2) by redesignating clause (vii) as clause (viii); and
            (3) by inserting after clause (vi) the following:
                            ``(vii) the acquisition of the contents (as 
                        that term is defined in section 2510(8) of 
                        title 18, United States Code)) of any 
                        communication is limited to communications to 
                        which any party is an individual target (which 
                        shall not be limited to known or named 
                        individuals) who is reasonably believed to be 
                        located outside of the United States, and a 
                        significant purpose of the acquisition of the 
                        communications of the target is to obtain 
                        foreign intelligence information; and''.

SEC. 305. PROHIBITION ON REVERSE TARGETING UNDER FISA AMENDMENTS ACT.

    Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a) is amended--
            (1) in subsection (b)(2), by striking ``the purpose'' and 
        all that follows and inserting the following: ``a significant 
        purpose of the acquisition is to acquire the communications of 
        a particular, known person reasonably believed to be located in 
        the United States, except in accordance with title I;'';
            (2) in subsection (d)(1)(A)--
                    (A) by striking ``ensure that'' and insert the 
                following: ``ensure--
                            ``(i) that''; and
                    (B) by adding at the end the following:
                            ``(ii) that an application is filed under 
                        title I, if otherwise required, when a 
                        significant purpose of an acquisition 
                        authorized under subsection (a) is to acquire 
                        the communications of a particular, known 
                        person reasonably believed to be located in the 
                        United States; and'';
            (3) in subsection (g)(2)(A)(i)(I)--
                    (A) by striking ``ensure that'' and insert the 
                following: ``ensure--
                                            ``(aa) that''; and
                    (B) by adding at the end the following:
                                            ``(bb) that an application 
                                        is filed under title I, if 
                                        otherwise required, when a 
                                        significant purpose of an 
                                        acquisition authorized under 
                                        subsection (a) is to acquire 
                                        the communications of a 
                                        particular, known person 
                                        reasonably believed to be 
                                        located in the United States; 
                                        and''; and
            (4) in subsection (i)(2)(B)(i)--
                    (A) by striking ``ensure that'' and insert the 
                following: ``ensure--
                                    ``(I) that''; and
                    (B) by adding at the end the following:
                                    ``(II) that an application is filed 
                                under title I, if otherwise required, 
                                when a significant purpose of an 
                                acquisition authorized under subsection 
                                (a) is to acquire the communications of 
                                a particular, known person reasonably 
                                believed to be located in the United 
                                States; and''.

SEC. 306. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION UNDER FISA 
              AMENDMENTS ACT.

    Section 702(i)(3) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(i)(3)) is amended by striking subparagraph (B) 
and inserting the following:
                    ``(B) Correction of deficiencies.--
                            ``(i) In general.--If the Court finds that 
                        a certification required by subsection (g) does 
                        not contain all of the required elements, or 
                        that the procedures required by subsections (d) 
                        and (e) are not consistent with the 
                        requirements of those subsections or the fourth 
                        amendment to the Constitution of the United 
                        States, the Court shall issue an order 
                        directing the Government to, at the 
                        Government's election and to the extent 
                        required by the order of the Court--
                                    ``(I) correct any deficiency 
                                identified by the order of the Court 
                                not later than 30 days after the date 
                                on which the Court issues the order; or
                                    ``(II) cease the acquisition 
                                authorized under subsection (a).
                            ``(ii) Limitation on use of information.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), no 
                                information obtained or evidence 
                                derived from an acquisition under 
                                clause (i)(I) concerning any United 
                                States person shall be received in 
                                evidence or otherwise disclosed in any 
                                trial, hearing, or other proceeding in 
                                or before any court, grand jury, 
                                department, office, agency, regulatory 
                                body, legislative committee, or other 
                                authority of the United States, a 
                                State, or political subdivision 
                                thereof, and no information concerning 
                                any United States person acquired from 
                                the acquisition shall subsequently be 
                                used or disclosed in any other manner 
                                by Federal officers or employees 
                                without the consent of the United 
                                States person, except with the approval 
                                of the Attorney General if the 
                                information indicates a threat of death 
                                or serious bodily harm to any person.
                                    ``(II) Exception.--If the 
                                Government corrects any deficiency 
                                identified by the order of the Court 
                                under clause (i), the Court may permit 
                                the use or disclosure of information 
                                acquired before the date of the 
                                correction under such minimization 
                                procedures as the Court shall establish 
                                for purposes of this clause.''.

SEC. 307. PRIVACY PROTECTIONS FOR INTERNATIONAL COMMUNICATIONS OF 
              AMERICANS COLLECTED UNDER FISA AMENDMENTS ACT.

    (a) In General.--Title VII of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881) is amended by adding at the end the 
following:

``SEC. 709. ADDITIONAL SAFEGUARDS FOR COMMUNICATIONS OF PERSONS IN THE 
              UNITED STATES.

    ``(a) Limitations on Acquisition of Communications.--
            ``(1) Limitation.--Except as authorized under title I or 
        paragraph (2), no communication shall be acquired under this 
        title if the Government knows before or at the time of 
        acquisition that the communication is to or from a person 
        reasonably believed to be located in the United States.
            ``(2) Exception.--
                    ``(A) In general.--In addition to any authority 
                under title I to acquire communications described in 
                paragraph (1), the communications may be acquired if--
                            ``(i) there is reason to believe that the 
                        communication concerns international terrorist 
                        activities directed against the United States, 
                        or activities in preparation therefor;
                            ``(ii) there is probable cause to believe 
                        that the target reasonably believed to be 
                        located outside the United States is an agent 
                        of a foreign power and the foreign power is a 
                        group engaged in international terrorism or 
                        activities in preparation therefor; or
                            ``(iii) there is reason to believe that the 
                        acquisition is necessary to prevent death or 
                        serious bodily harm.
                    ``(B) Access to communications.--Communications 
                acquired under this paragraph shall be treated in 
                accordance with subsection (b).
            ``(3) Procedures for determinations before or at the time 
        of acquisition.--
                    ``(A) Submission.--Not later than 120 days after 
                the date of enactment of the JUSTICE Act, the Attorney 
                General, in consultation with the Director of National 
                Intelligence, shall submit to the Foreign Intelligence 
                Surveillance Court for approval procedures for 
                determining before or at the time of acquisition, where 
                reasonably practicable, whether a communication is to 
                or from a person reasonably believed to be located in 
                the United States and whether the exception under 
                paragraph (2) applies to that communication.
                    ``(B) Review.--The Foreign Intelligence 
                Surveillance Court shall approve the procedures 
                submitted under subparagraph (A) if the procedures are 
                reasonably designed to determine before or at the time 
                of acquisition, where reasonably practicable, whether a 
                communication is to or from a person reasonably 
                believed to be located in the United States and whether 
                the exception under paragraph (2) applies to that 
                communication.
                    ``(C)  Procedures do not meet requirements.--If the 
                Foreign Intelligence Surveillance Court concludes that 
                the procedures submitted under subparagraph (A) do not 
                meet the requirements of subparagraph (B), the Court 
                shall enter an order so stating and provide a written 
                statement for the record of the reasons for the 
                determination. The Government may appeal an order under 
                this subparagraph to the Foreign Intelligence 
                Surveillance Court of Review.
                    ``(D) Use of procedures.--If the Foreign 
                Intelligence Surveillance Court approves procedures 
                under this paragraph, the Government shall use the 
                procedures in any acquisition of communications under 
                this title.
                    ``(E) Revisions.--The Attorney General, in 
                consultation with the Director of National 
                Intelligence, may submit new or amended procedures to 
                the Foreign Intelligence Surveillance Court for review 
                under this paragraph.
                    ``(F) Reliability.--If the Government obtains new 
                information relating to the reliability of procedures 
                approved under this paragraph or the availability of 
                more reliable procedures, the Attorney General shall 
                submit to the Foreign Intelligence Surveillance Court 
                the information.
    ``(b) Limitations on Access to Communications.--
            ``(1) In general.--At such time as the Government can 
        reasonably determine that a communication acquired under this 
        title (including a communication acquired under subsection 
        (a)(2)) is to or from a person reasonably believed to be 
        located in the United States, the communication shall be 
        segregated or specifically designated and no person shall 
        access the communication, except in accordance with title I or 
        this section.
            ``(2) Exceptions.--In addition to any authority under title 
        I, including the emergency provision in section 105(f), a 
        communication described in paragraph (1) may be accessed and 
        disseminated for a period of not longer than 7 days if--
                    ``(A)(i) there is reason to believe that the 
                communication concerns international terrorist 
                activities directed against the United States, or 
                activities in preparation therefor;
                    ``(ii) there is probable cause to believe that the 
                target reasonably believed to be located outside the 
                United States is an agent of a foreign power and the 
                foreign power is a group engaged in international 
                terrorism or activities in preparation therefor; or
                    ``(iii) there is reason to believe that the access 
                is necessary to prevent death or serious bodily harm;
                    ``(B) the Attorney General notifies the Foreign 
                Intelligence Surveillance Court immediately of the 
                access; and
                    ``(C) not later than 7 days after the date the 
                access is initiated, the Attorney General--
                            ``(i) makes an application for an order 
                        under title I; or
                            ``(ii) submits to the Foreign Intelligence 
                        Surveillance Court a document that--
                                    ``(I) certifies that--
                                            ``(aa) there is reason to 
                                        believe that the communication 
                                        concerns international 
                                        terrorist activities directed 
                                        against the United States, or 
                                        activities in preparation 
                                        therefor;
                                            ``(bb) there is probable 
                                        cause to believe that the 
                                        target reasonably believed to 
                                        be located outside the United 
                                        States is an agent of a foreign 
                                        power and the foreign power is 
                                        a group engaged in 
                                        international terrorism or 
                                        activities in preparation 
                                        therefor; or
                                            ``(cc) there is reason to 
                                        believe that the access is 
                                        necessary to prevent death or 
                                        serious bodily harm; and
                                    ``(II) identifies the target of the 
                                collection, the party to the 
                                communication who is in the United 
                                States if known, and the extent to 
                                which information relating to the 
                                communication has been disseminated.
            ``(3) Denial of court order.--If an application for a court 
        order described in paragraph (2)(C)(i) is made and is not 
        approved, the Attorney General shall submit to the Foreign 
        Intelligence Surveillance Court, not later than 7 days after 
        the date of the denial of the application, the document 
        described in paragraph (2)(C)(ii).
            ``(4) Additional court authorities.--
                    ``(A) In general.--The Foreign Intelligence 
                Surveillance Court may--
                            ``(i) limit access to communications 
                        described in paragraph (1) relating to a 
                        particular target if the Court determines that 
                        any certification submitted under paragraph 
                        (2)(C)(ii)(I) with respect to that target is 
                        clearly erroneous; and
                            ``(ii) require the Attorney General to 
                        provide the factual basis for a certification 
                        submitted under paragraph (2)(C)(ii)(I), if the 
                        Court determines it would aid the Court in 
                        conducting review under this subsection.
                    ``(B) FISC access.--The Foreign Intelligence 
                Surveillance Court shall have access to any 
                communications that have been segregated or 
                specifically designated under paragraph (1) and any 
                information the use of which has been limited under 
                paragraph (5).
            ``(5) Failure to notify.--
                    ``(A) In general.--In the circumstances described 
                in subparagraph (B), access to a communication shall 
                terminate, and no information obtained or evidence 
                derived from the access concerning any United States 
                person shall be received in evidence or otherwise 
                disclosed in any trial, hearing, or other proceeding in 
                or before any court, grand jury, department, office, 
                agency, regulatory body, legislative committee, or 
                other authority of the United States, a State, or 
                political subdivision thereof, and no information 
                concerning any United States person acquired from the 
                access shall subsequently be used or disclosed in any 
                manner by Federal officers or employees without the 
                consent of the person, except with the approval of the 
                Attorney General if the information indicates a threat 
                of death or serious bodily harm to any person, or if a 
                court order is obtained under title I.
                    ``(B) Circumstances.--The circumstances described 
                in this subparagraph are circumstances in which--
                            ``(i) as of the date that is 7 days after 
                        the date on which access to a communication is 
                        initiated under paragraph (2), a court order 
                        described in paragraph (2)(C)(i) has not been 
                        sought and the document described in paragraph 
                        (2)(C)(ii) has not been submitted; or
                            ``(ii) as of the date that is 7 days after 
                        an application for a court order described in 
                        paragraph (2)(C)(i) is denied, the document 
                        described in paragraph (2)(C)(ii) is not 
                        submitted in accordance with paragraph (3).
            ``(6) Evidence of a crime.--Information or communications 
        subject to this subsection may be disseminated for law 
        enforcement purposes if it is evidence that a crime has been, 
        is being, or is about to be committed, if dissemination is made 
        in accordance with section 106(b).
            ``(7) Procedures for determinations after acquisition.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of the JUSTICE Act, the Attorney 
                General, in consultation with the Director of National 
                Intelligence, shall submit to the Foreign Intelligence 
                Surveillance Court for approval procedures for 
                determining, where reasonably practicable, whether a 
                communication acquired under this title is to or from a 
                person reasonably believed to be in the United States.
                    ``(B) Review.--The Foreign Intelligence 
                Surveillance Court shall approve the procedures 
                submitted under subparagraph (A) if the procedures are 
                reasonably designed to determine, where reasonably 
                practicable, whether a communication acquired under 
                this title is a communication to or from a person 
                reasonably believed to be located in the United States.
                    ``(C)  Procedures do not meet requirements.--If the 
                Foreign Intelligence Surveillance Court concludes that 
                the procedures submitted under subparagraph (A) do not 
                meet the requirements of subparagraph (B), the Court 
                shall enter an order so stating and provide a written 
                statement for the record of the reasons for the 
                determination. The Government may appeal an order under 
                this subparagraph to the Foreign Intelligence 
                Surveillance Court of Review.
                    ``(D) Use of procedures.--If the Foreign 
                Intelligence Surveillance Court approves procedures 
                under this paragraph, the Government shall use the 
                procedures for any communication acquired under this 
                title.
                    ``(E) Revisions.--The Attorney General, in 
                consultation with the Director of National 
                Intelligence, may submit new or amended procedures to 
                the Foreign Intelligence Surveillance Court for review 
                under this paragraph.
                    ``(F) Reliability.--If the Government obtains new 
                information relating to the reliability of procedures 
                approved under this paragraph or the availability of 
                more reliable procedures, the Attorney General shall 
                submit to the Foreign Intelligence Surveillance Court 
                the information.
    ``(c) Title I Court Order.--If the Government obtains a court order 
under title I relating to a target of an acquisition under this title, 
the Government may access and disseminate, under the terms of that 
court order and any applicable minimization requirements, any 
communications of that target that have been acquired and segregated or 
specifically designated under subsection (b)(1).
    ``(d) Inspector General Audit.--
            ``(1) Audit.--Not less than once each year, the Inspector 
        General of the Department of Defense and the Inspector General 
        of the Department of Justice shall complete an audit of the 
        implementation of and compliance with this section. For 
        purposes of an audit under this paragraph, the Inspectors 
        General shall have access to any communications that have been 
        segregated or specifically designated under subsection (b)(1) 
        and any information the use of which has been limited under 
        subsection (b)(5). An audit under this paragraph shall include 
        an accounting of any segregated or specifically designated 
        communications that have been disseminated.
            ``(2) Report.--Not later than 30 days after the completion 
        of each audit under paragraph (1), the Inspectors General shall 
        jointly 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 a report 
        containing the results of the audit.
            ``(3) Expedited security clearance.--The Director of 
        National Intelligence shall ensure that the process for the 
        investigation and adjudication of an application by an 
        Inspector General or any appropriate staff of an Inspector 
        General for a security clearance necessary for the conduct of 
        the audits under this subsection is conducted as expeditiously 
        as possible.
    ``(e) Applicability.--Subsections (a) and (b) shall apply to any 
communication acquired under this title on or after the earlier of--
            ``(1) the date that the Foreign Intelligence Surveillance 
        Court approves the procedures described in subsection (a)(3) 
        and the procedures described in subsection (b)(7); and
            ``(2) 1 year after the date of enactment of the JUSTICE 
        Act.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
the first section of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended by inserting after the item 
relating to section 708 the following:

``Sec. 709. Additional safeguards for communications of persons in the 
                            United States.''.

SEC. 308. CLARIFICATION OF COMPUTER TRESPASS AUTHORITY.

    (a) Definitions.--Section 2510(21)(B) of title 18, United States 
Code, is amended--
            (1) by inserting ``or other'' after ``contractual''; and
            (2) by striking ``for access'' and inserting ``permitting 
        access''.
    (b) Interception and Disclosure.--Section 2511(2)(i) of title 18, 
United States Code, is amended--
            (1) in subclause (I), by striking ``protected computer 
        authorizes'' and inserting the following: ``protected 
        computer--
                                    ``(aa) is attempting to respond to 
                                communications activity that threatens 
                                the integrity or operation of the 
                                protected computer and requests 
                                assistance to protect the rights and 
                                property of the owner or operator; and
                                    ``(bb) authorizes''; and
            (2) in clause (IV), by striking ``interception does not'' 
        and inserting the following: ``interception--
                                    ``(aa) ceases as soon as the 
                                communications sought are obtained or 
                                after 96 hours, whichever is earlier 
                                (unless an order authorizing or 
                                approving the interception is obtained 
                                under this chapter); and
                                    ``(bb) does not''.
    (c) Report.--Not later than 60 days after the date of enactment of 
this Act, and annually thereafter, the Attorney General shall submit a 
report to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives on the use 
of section 2511 of title 18, United States Code, relating to computer 
trespass provisions, as amended by subsection (b), during the year 
before the year of that report.

 TITLE IV--IMPROVEMENTS TO FURTHER CONGRESSIONAL AND JUDICIAL OVERSIGHT

SEC. 401. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE SURVEILLANCE 
              ACT.

    Section 601 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1871) is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively;
            (2) by inserting after subsection (a) the following:
    ``(b) Public Report.--The Attorney General shall make publicly 
available the portion of each report under subsection (a) relating to 
paragraphs (1) and (2) of subsection (a).''; and
            (3) in subsection (e), as so redesignated, by striking 
        ``subsection (c)'' and inserting ``subsection (d)''.

SEC. 402. USE OF FOREIGN INTELLIGENCE SURVEILLANCE ACT MATERIALS.

    (a) Electronic Surveillance.--Section 106(f) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1806(f)) is amended by 
striking the last sentence and inserting ``In making this 
determination, unless the court finds that disclosure would not assist 
in determining any legal or factual issue pertinent to the case, the 
court may disclose to the aggrieved person, the counsel for the 
aggrieved person, or both, under the procedures and standards provided 
in the Classified Information Procedures Act (18 U.S.C. App.) or other 
appropriate security procedures and protective orders, portions of the 
application, order, or other related materials, or evidence or 
information obtained or derived from the order.''.
    (b) Physical Searches.--Section 305(g) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1825(g)) is amended by striking the 
last sentence and inserting ``In making this determination, unless the 
court finds that disclosure would not assist in determining any legal 
or factual issue pertinent to the case, the court may disclose to the 
aggrieved person, the counsel for the aggrieved person, or both, under 
the procedures and standards provided in the Classified Information 
Procedures Act (18 U.S.C. App.) or other appropriate security 
procedures and protective orders, portions of the application, order, 
or other related materials, or evidence or information obtained or 
derived from the order.''.
    (c) Pen Registers and Trap and Trace Devices.--Section 405(f) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(f)) 
is amended by striking paragraph (2) and inserting the following:
    ``(2) In making a determination under paragraph (1), unless the 
court finds that disclosure would not assist in determining any legal 
or factual issue pertinent to the case, the court may disclose to the 
aggrieved person, the counsel for the aggrieved person, or both, under 
the procedures and standards provided in the Classified Information 
Procedures Act (18 U.S.C. App.) or other appropriate security 
procedures and protective orders, portions of the application, order, 
or other related materials, or evidence or information obtained or 
derived from the order.''.

SEC. 403. CHALLENGES TO NATIONWIDE ORDERS FOR ELECTRONIC EVIDENCE.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(h) Judicial Review.--A provider of electronic communication 
service or remote computing service may challenge a subpoena, order, or 
warrant requiring disclosure of customer communications or records 
under this section in--
            ``(1) the United States district court for the district in 
        which the order was issued; or
            ``(2) the United States district court for the district in 
        which the order was served.''.

   TITLE V--IMPROVEMENTS TO FURTHER EFFECTIVE, FOCUSED INVESTIGATIONS

SEC. 501. MODIFICATION OF DEFINITION OF DOMESTIC TERRORISM.

    Section 2331(5) of title 18, United States Code, is amended--
            (1) by striking subparagraphs (A) and (B) and inserting the 
        following:
                    ``(A) involve acts dangerous to human life that 
                constitute a Federal crime of terrorism (as that term 
                is defined in section 2332b(g)(5)); and''; and
            (2) by redesignating subparagraph (C) as subparagraph (B).

SEC. 502. CLARIFICATION OF INTENT REQUIREMENT.

    Section 2339B(a)(1) of title 18, United States Code, is amended by 
inserting ``knowing or intending that the material support or resources 
will be used in carrying out terrorist activity (as defined in section 
212(a)(3)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(iii)),'' before ``shall be fined''.
                                 <all>