[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4291 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4291

To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit 
  the bulk collection of call detail records, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2014

    Mr. Rogers of Michigan (for himself, Mr. Miller of Florida, Mr. 
      Conaway, Mr. King of New York, Mr. LoBiondo, Mr. Nunes, Mr. 
    Westmoreland, Mrs. Bachmann, Mr. Pompeo, Mr. Ruppersberger, Mr. 
   Thompson of California, Mr. Langevin, and Ms. Sewell of Alabama) 
    introduced the following bill; which was referred to the Select 
 Committee on Intelligence (Permanent Select), and in addition to the 
Committee on the Judiciary, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Foreign Intelligence Surveillance Act of 1978 to prohibit 
  the bulk collection of call detail records, 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 ``FISA Transparency and Modernization 
Act''.

SEC. 2. PROHIBITION ON BULK COLLECTION OF CALL DETAIL RECORDS.

    Section 501(a) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861) is amended--
            (1) in paragraph (1), by striking ``other items'' and 
        inserting ``other items, but not including call detail 
        records''; and
            (2) by adding at the end the following new paragraph:
    ``(4) In this subsection, the term `call detail records' means 
communications routing information, including an original or 
terminating telephone number, an International Mobile Subscriber 
Identity, an International Mobile Station Equipment Identity, a trunk 
identifier, a telephone calling card number, the time or duration of a 
call, or original or terminating text-message numerical information.''.

SEC. 3. PROHIBITION ON BULK COLLECTION OF ELECTRONIC COMMUNICATIONS 
              RECORDS.

    (a) In General.--Notwithstanding any other provision of law, the 
Federal Government may not acquire under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) records of any 
electronic communication without the use of specific identifiers or 
selection terms.
    (b) Definition of Electronic Communications.--In this section, the 
term ``electronic communication'' has the meaning given such term under 
section 2510 of title 18, United States Code.

SEC. 4. PROHIBITION ON BULK COLLECTION OF CERTAIN BUSINESS RECORDS.

    Notwithstanding any other provision of law, the Federal Government 
may not acquire under the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) library circulation records, library patron 
lists, book sales records, book customer lists, firearm sales records, 
tax return records, educational records, or medical records containing 
information that would identify a person without the use of specific 
identifiers or selection terms.

SEC. 5. APPOINTMENT OF AMICUS CURIAE.

    Section 103 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1803) is amended by adding at the end the following:
    ``(i) Amicus Curiae.--
            ``(1) Authorization.--Notwithstanding any other provision 
        of law, a court established under subsection (a) or (b) may, 
        consistent with the requirement of subsection (c) and any other 
        statutory requirement that the court act expeditiously or 
        within a stated time, to appoint amicus curiae to assist the 
        court in the consideration of a covered application.
            ``(2) Designation.--The courts established by subsection 
        (a) and (b) shall each designate 1 or more individuals who have 
        been determined by appropriate executive branch officials to be 
        eligible for access to classified information who may be 
        appointed to serve as amicus curiae. In appointing an amicus 
        curiae pursuant to paragraph (1), the court may choose from 
        among those so designated.
            ``(3) Expertise.--An individual appointed as an amicus 
        curiae under paragraph (1) may be a special counsel or an 
        expert on privacy and civil liberties, intelligence collection, 
        telecommunications, or any other area that may lend legal or 
        technical expertise to the court.
            ``(4) Duties.--An amicus curiae appointed under paragraph 
        (1) to assist with the consideration of a covered application 
        shall carry out the duties assigned by the appointing court. 
        That court may authorize, to the extent consistent with the 
        case or controversy requirements of article III of the 
        Constitution of the United States and the national security of 
        the United States, the amicus curiae to review any application, 
        certification, petition, motion, or other submission that the 
        court determines is relevant to the duties assigned by the 
        court.
            ``(5) Notification.--A court established under subsection 
        (a) or (b) shall notify the Attorney General of each exercise 
        of the authority to appoint an amicus curiae under paragraph 
        (1).
            ``(6) Assistance.--A court established under subsection (a) 
        or (b) may request and receive (including on a non-reimbursable 
        basis) the assistance of the executive branch in the 
        implementation of this subsection.
            ``(7) Administration.--A court established under subsection 
        (a) or (b) may provide for the designation, appointment, 
        removal, training, support, or other administration of an 
        amicus curiae appointed under paragraph (1) in a manner that is 
        not inconsistent with this subsection.
            ``(8) Congressional oversight.--The Attorney General shall 
        submit to the appropriate committees of Congress an annual 
        report on the number of notices described in paragraph (5) 
        received by Attorney General for the preceding 12-month period. 
        Each such report shall include the name of each individual 
        appointed as an amicus curiae during such period.
            ``(9) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means--
                            ``(i) the Committee on the Judiciary and 
                        the Select Committee on Intelligence of the 
                        Senate; and
                            ``(ii) the Committee on the Judiciary and 
                        the Permanent Select Committee on Intelligence 
                        of the House of Representatives.
                    ``(B) Covered application.--The term `covered 
                application' means an application for an order or 
                review made to a court established under subsection (a) 
                or (b)--
                            ``(i) that, in the opinion of such a court, 
                        presents a novel or significant interpretation 
                        of the law; and
                            ``(ii) that is--
                                    ``(I) an application for an order 
                                under this title, title III, IV, or V 
                                of this Act, or section 703 or 704 of 
                                this Act;
                                    ``(II) a review of a certification 
                                or procedures under section 503 or 702 
                                of this Act; or
                                    ``(III) a notice of non-compliance 
                                with any such order, certification, or 
                                procedures.''.

SEC. 6. REPORTING REQUIREMENTS FOR DECISIONS OF THE FOREIGN 
              INTELLIGENCE SURVEILLANCE COURT.

    Section 601(c)(1) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1871(c)) is amended to read as follows:
            ``(1) not later than 45 days after the date on which the 
        Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review issues a decision, 
        order, or opinion that includes a significant construction or 
        interpretation of any provision of this Act or a denial of a 
        request for an order or a modification of a request for an 
        order, or results in a change of application of any provision 
        of this Act or a new application of any provision of this Act--
                    ``(A) a copy of such decision, order, or opinion 
                and any pleadings, applications, or memoranda of law 
                associated with such decision, order, or opinion; and
                    ``(B) with respect to such decision, order, or 
                opinion, a brief statement of the relevant background 
                factual information, questions of law, legal analysis, 
                and decision rendered; and''.

SEC. 7. DECLASSIFICATION OF DECISIONS, ORDERS, AND OPINIONS.

    (a) Declassification.--Title VI of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1871 et seq.) is amended--
            (1) in the heading, by striking ``REPORTING REQUIREMENT'' 
        and inserting ``OVERSIGHT''; and
            (2) by adding at the end the following new section:

``SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, ORDERS, AND 
              OPINIONS.

    ``(a) Declassification Required.--Subject to subsection (b), the 
Director of National Intelligence shall conduct a declassification 
review of each decision, order, or opinion issued by the Foreign 
Intelligence Surveillance Court or the Foreign Intelligence 
Surveillance Court of Review that includes significant construction or 
interpretation of any provision of this Act and, consistent with that 
review, make publicly available to the greatest extent practicable each 
such decision, order, or opinion.
    ``(b) Redacted Form.--The Director of National Intelligence may 
satisfy the requirement under subsection (a) to make a decision, order, 
or opinions described in such subsection publicly available to the 
greatest extent practicable by making such decision, order, or opinion 
publicly available in redacted form.
    ``(c) National Security Waiver.--The Director of National 
Intelligence may waive the requirement to declassify and make publicly 
available a particular decision, order, or opinion under subsection (a) 
if the Director--
            ``(1) determines that a waiver of such requirement is 
        necessary to protect the national security of the United States 
        or properly classified intelligence sources or methods; and
            ``(2) makes publicly available an unclassified summary of 
        such decision, order, or opinion.''.
    (b) Table of Contents Amendments.--The table of contents in the 
first section of such Act is amended--
            (1) by striking the item relating to title VI and inserting 
        the following new item:

                        ``TITLE VI--OVERSIGHT'';

        and
            (2) by inserting after the item relating to section 601 the 
        following new item:

``Sec. 602. Declassification of significant decisions, orders, and 
                            opinions.''.

SEC. 8. PUBLIC REPORTING ON INCIDENTAL COLLECTION OF UNITED STATES 
              PERSON INFORMATION.

    Section 601 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1871) is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection:
    ``(e) Public Reporting on Incidental Collection of United States 
Person Information.--The Attorney General shall annually make publicly 
available a report describing the number of identified instances in 
which the contents of a communication of a United States person was 
acquired under this Act when the acquisition authorized by this Act 
that resulted in the collection of such contents could not reasonably 
have been anticipated to capture such contents.''.

SEC. 9. ANNUAL REPORTS ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.) is amended by adding at the end the following:

``SEC. 509. ANNUAL REPORT ON VIOLATIONS OF LAW OR EXECUTIVE ORDER.

    ``(a) Annual Reports Required.--Not later than April 1 of each 
year, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on violations of law or 
executive order by personnel of an element of the intelligence 
community that were identified during the previous calendar year.
    ``(b) Elements.--Each report required subsection (a) shall include 
a description of any violation of law or executive order (including 
Executive Order No. 12333 (50 U.S.C. 3001 note)) by personnel of an 
element of the intelligence community in the course of such employment 
that, during the previous calendar year, was determined by the 
director, head, general counsel, or inspector general of any element of 
the intelligence community to have occurred.''.
    (b) Clerical Amendment.--The table of sections in the first section 
of the National Security Act of 1947 is amended by adding after the 
section relating to section 508 the following:

``Sec. 509. Annual report on violations of law or Executive order.''.

SEC. 10. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY PROCEDURES FOR THE 
              ACQUISITION, RETENTION, AND DISSEMINATION OF 
              INTELLIGENCE.

    (a) In General.--Title V of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.), as amended by section 9, is further amended by 
adding at the end the following:

``SEC. 510. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY PROCEDURES FOR 
              THE ACQUISITION, RETENTION, AND DISSEMINATION OF 
              INTELLIGENCE.

    ``(a) Head of an Element of the Intelligence Community Defined.--In 
this section, the term `head of an element of the intelligence 
community' means, as appropriate--
            ``(1) the head of an element of the intelligence community; 
        or
            ``(2) the head of the department or agency containing such 
        element.
    ``(b) Review of Procedures Approved by the Attorney General.--
            ``(1) Requirement for immediate review.--Each head of an 
        element of the intelligence community that has not obtained the 
        approval of the Attorney General for the procedures, in their 
        entirety, required by section 2.3 of Executive Order 12333 (50 
        U.S.C. 3001 note) within 5 years prior to the date of the 
        enactment of the FISA Transparency and Modernization Act, shall 
        initiate, not later than 180 days after such date of enactment, 
        a review of the procedures for such element, in accordance with 
        paragraph (3).
            ``(2) Requirement for review.--Not less frequently than 
        once every 5 years, each head of an element of the intelligence 
        community shall conduct a review of the procedures approved by 
        the Attorney General for such element that are required by 
        section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or 
        any successor order, in accordance with paragraph (3).
            ``(3) Requirements for reviews.--In coordination with the 
        Director of National Intelligence and the Attorney General, the 
        head of an element of the intelligence community required to 
        perform a review under paragraph (1) or (2) shall--
                    ``(A) review existing procedures for such element 
                that are required by section 2.3 of Executive Order 
                12333 (50 U.S.C. 3001 note), or any successor order, to 
                assess whether--
                            ``(i) advances in communications or other 
                        technologies since the time the procedures were 
                        most recently approved by the Attorney General 
                        have affected the privacy protections that the 
                        procedures afford to United States persons, to 
                        include the protections afforded to United 
                        States persons whose nonpublic communications 
                        are incidentally acquired by an element of the 
                        intelligence community; or
                            ``(ii) aspects of the existing procedures 
                        impair the acquisition, retention, or 
                        dissemination of timely, accurate, and 
                        insightful information about the activities, 
                        capabilities, plans, and intentions of foreign 
                        powers, organization, and persons, and their 
                        agents; and
                    ``(B) propose any modifications to existing 
                procedures for such element in order to--
                            ``(i) clarify the guidance such procedures 
                        afford to officials responsible for the 
                        acquisition, retention, and dissemination of 
                        intelligence;
                            ``(ii) eliminate unnecessary impediments to 
                        the acquisition, retention, and dissemination 
                        of intelligence; or
                            ``(iii) ensure appropriate protections for 
                        the privacy of United States persons and 
                        persons located inside the United States.
            ``(4) Notice.--The Director of National Intelligence and 
        the Attorney General shall notify the congressional 
        intelligence committees following the completion of each review 
        required under this section.
            ``(5) Requirement to provide procedures.--Upon the 
        implementation of any modifications to procedures required by 
        section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or 
        any successor order, the head of the element of the 
        intelligence community to which the modified procedures apply 
        shall promptly provide a copy of the modified procedures to the 
        congressional intelligence committees.''.
    (b) Clerical Amendment.--The table of sections in the first section 
of the National Security Act of 1947, as amended by section 9, is 
further amended by adding after the section relating to section 509 the 
following:

``Sec. 510. Periodic review of intelligence community procedures for 
                            the acquisition, retention, and 
                            dissemination of intelligence.''.

SEC. 11. PROCEDURES FOR TARGETED ACQUISITIONS OF TERRORIST AND FOREIGN 
              AGENT NON-CONTENT COMMUNICATIONS RECORDS.

    (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 new section:

``SEC. 503. PROCEDURES FOR TARGETED ACQUISITIONS OF TERRORIST AND 
              FOREIGN AGENT NON-CONTENT COMMUNICATIONS RECORDS.

    ``(a) Authorization.--Notwithstanding any other provision of law, 
upon the issuance of an order in accordance with subsection (i)(3) or a 
determination under subsection (c)(2), the Attorney General and the 
Director of National Intelligence may authorize jointly, for a period 
of up to 1 year from the effective date of the authorization, the 
acquisition from an electronic communication service provider of 
records created as a result of communications of an individual or 
facility who, based on reasonable and articulable suspicion, is--
            ``(1) a foreign power or the agent of a foreign power;
            ``(2) associated with a foreign power or the agent of a 
        foreign power; or
            ``(3) in contact with, or known to, a suspected agent of a 
        foreign power.
    ``(b) Limitations.--An acquisition authorized under subsection (a) 
shall be reasonably designed--
            ``(1) not to acquire--
                    ``(A) the contents associated with any 
                communication;
                    ``(B) records of wire or electronic communications 
                without the use of specific identifiers or selection 
                terms;
                    ``(C) information for an investigation of a United 
                States person conducted solely upon the basis of 
                activities protected by the first amendment to the 
                Constitution; or
                    ``(D) the name, address, social security number, 
                employer or taxpayer identification number, date of 
                birth, or credit card number of any United States 
                person; and
            ``(2) to comply with the fourth amendment to the 
        Constitution of the United States.
    ``(c) Conduct of Acquisition.--
            ``(1) In general.--An acquisition authorized under 
        subsection (a) shall be conducted only--
                    ``(A) in accordance with the selection and civil 
                liberties and privacy protection procedures adopted in 
                accordance with subsections (d) and (e); and
                    ``(B) upon submission of a certification in 
                accordance with subsection (g).
            ``(2) Determination.--A determination under this paragraph 
        and for purposes of subsection (a) is a determination by the 
        Attorney General and the Director of National Intelligence that 
        exigent circumstances exist because, without immediate 
        implementation of an authorization under subsection (a), 
        intelligence important to the national security of the United 
        States may be lost or not timely acquired and time does not 
        permit the issuance of an order pursuant to subsection (i)(3) 
        prior to the implementation of such authorization.
            ``(3) Timing of determination.--The Attorney General and 
        the Director of National Intelligence may make the 
        determination under paragraph (2)--
                    ``(A) before the submission of a certification in 
                accordance with subsection (g); or
                    ``(B) by amending a certification pursuant to 
                subsection (i)(1)(C) at any time during which judicial 
                review under subsection (i) of such certification is 
                pending.
    ``(d) Selection Procedures.--
            ``(1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National Intelligence, shall 
        adopt selection procedures that are reasonably designed to 
        ensure that any acquisition authorized under subsection (a) 
        complies with the requirements and limitations relating to such 
        acquisitions under subsections (a) and (b);
            ``(2) Judicial review.--The procedures adopted in 
        accordance with paragraph (1) shall be subject to judicial 
        review pursuant to subsection (i).
    ``(e) Civil Liberties and Privacy Protection Procedures.--
            ``(1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National Intelligence, shall 
        adopt civil liberties and privacy protection procedures that 
        are reasonably designed to--
                    ``(A) minimize the impact of any acquisition 
                authorized by (a) on the privacy and civil liberties of 
                United States persons; and
                    ``(B) reasonably limit the receipt, retention, use, 
                and disclosure of communications records associated 
                with a specific person when such records are not 
                necessary to understand foreign intelligence 
                information or assess the importance of such 
                information.
            ``(2) Judicial review.--The civil liberties and privacy 
        protection procedures adopted in accordance with paragraph (1) 
        shall be subject to judicial review pursuant to subsection (i).
    ``(f) Guidelines for Compliance With Limitations.--
            ``(1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National Intelligence, shall 
        adopt guidelines to ensure--
                    ``(A) compliance with the requirements and 
                limitations under subsections (a) and (b); and
                    ``(B) that an application for a court order is 
                filed as required by this title.
            ``(2) Submission of guidelines.--The Attorney General shall 
        provide the guidelines adopted in accordance with paragraph 
        (1)--
                    ``(A) the congressional intelligence committees;
                    ``(B) the Committees on the Judiciary of the Senate 
                and the House of Representatives; and
                    ``(C) the Foreign Intelligence Surveillance Court.
    ``(g) Certification.--
            ``(1) In general.--
                    ``(A) Requirement to submit certification.--Subject 
                to subparagraph (B), prior to the implementation of an 
                authorization under subsection (a), the Attorney 
                General and the Director of National Intelligence shall 
                provide to the Foreign Intelligence Surveillance Court 
                a written certification and any supporting affidavit, 
                under oath and under seal, in accordance with this 
                subsection.
                    ``(B) Exception.--If the Attorney General and the 
                Director of National Intelligence make a determination 
                under subsection (c)(2) and time does not permit the 
                submission of a certification under this subsection 
                prior to the implementation of an authorization under 
                subsection (a), the Attorney General and the Director 
                of National Intelligence shall submit to the Court a 
                certification for such authorization as soon as 
                practicable but in no event later than 7 days after 
                such determination is made.
            ``(2) Certification requirements.--A certification made 
        under this subsection shall--
                    ``(A) attest that--
                            ``(i) procedures have been approved, have 
                        been submitted for approval, or will be 
                        submitted with the certification for approval 
                        by the Foreign Intelligence Surveillance Court 
                        that are reasonably designed to ensure 
                        compliance with the requirements and 
                        limitations under subsections (a) and (b);
                            ``(ii) the civil liberties and privacy 
                        protection procedures to be used with respect 
                        to such acquisition--
                                    ``(I) meet the requirements of 
                                civil liberties and privacy protection 
                                procedures adopted under subsection 
                                (e); and
                                    ``(II) have been approved, have 
                                been submitted for approval, or will be 
                                submitted with the certification for 
                                approval by the Foreign Intelligence 
                                Surveillance Court;
                            ``(iii) guidelines have been adopted in 
                        accordance with subsection (f) to ensure 
                        compliance with the limitations in subsection 
                        (b) and to ensure that an application for a 
                        court order is filed as required by this 
                        chapter;
                            ``(iv) the procedures and guidelines 
                        referred to in clauses (i), (ii), and (iii) are 
                        consistent with the requirements of the fourth 
                        amendment to the Constitution of the United 
                        States;
                            ``(v) a significant purpose of the 
                        acquisition is to obtain foreign intelligence 
                        information;
                            ``(vi) the acquisition involves obtaining 
                        foreign intelligence information from or with 
                        the assistance of an electronic communications 
                        service provider; and
                            ``(vii) the acquisition complies with the 
                        limitations in subsection (b);
                    ``(B) include the procedures adopted in accordance 
                with subsections (d) and (e);
                    ``(C) be supported, as appropriate, by the 
                affidavit of any appropriate official in the area of 
                national security who is--
                            ``(i) appointed by the President, by and 
                        with the advice and consent of the Senate; or
                            ``(ii) the head of an element of the 
                        intelligence community;
                    ``(D) include--
                            ``(i) an effective date for the 
                        authorization that is at least 30 days after 
                        the submission of the written certification to 
                        the court; or
                            ``(ii) if the acquisition has begun or the 
                        effective date is less than 30 days after the 
                        submission of the written certification to the 
                        court, the date the acquisition began or the 
                        effective date for the acquisition; and
                    ``(E) if the Attorney General and the Director of 
                National Intelligence make a determination under 
                subsection (c)(2), include a statement that such 
                determination has been made.
            ``(3) Change in effective date.--The Attorney General and 
        the Director of National Intelligence may advance or delay the 
        effective date referred to in paragraph (2)(D) by submitting an 
        amended certification in accordance with subsection (i)(1)(C) 
        to the Foreign Intelligence Surveillance Court for review 
        pursuant to subsection (i).
            ``(4) Maintenance of certification.--The Attorney General 
        or a designee of the Attorney General shall maintain a copy of 
        a certification made under this subsection.
            ``(5) Judicial review.--A certification submitted in 
        accordance with this subsection shall be subject to judicial 
        review pursuant to subsection (i).
    ``(h) Directives.--
            ``(1) Authority.--With respect to an acquisition authorized 
        under subsection (a), the Attorney General and the Director of 
        National Intelligence may direct, in writing, an electronic 
        communications service provider to--
                    ``(A) immediately provide the Government with 
                records, whether existing or created in the future, in 
                the format specified by the Government and in a manner 
                that will protect the secrecy of the acquisition; and
                    ``(B) maintain under security procedures approved 
                by the Attorney General and the Director of National 
                Intelligence any records concerning the aid furnished 
                that such electronic communication service provider 
                retains.
            ``(2) Compensation and assistance.--The Government shall 
        compensate, at the prevailing rate, an electronic 
        communications service provider for providing records in 
        accordance with directives issued pursuant to paragraph (1). 
        The Government may provide any information, facilities, or 
        assistance necessary to aid an electronic communications 
        service provider in complying with a directive issued pursuant 
        to paragraph (1).
            ``(3) Record requirement.--For any directive issued under 
        paragraph (1), the Attorney General shall retain a record of 
        the information indicating that, at the time the directive was 
        issued, the directive complied with the selection procedures 
        established by subsection (d).
            ``(4) Judicial review.--
                    ``(A) Requirement to provide directives and 
                supporting records.--The Attorney General shall 
                promptly provide to the court established by section 
                103(a) a copy of each directive issued under paragraph 
                (1) and a copy of each record prepared under paragraph 
                (3).
                    ``(B) Remedy for improper directives.--The court 
                shall promptly consider each directive and record 
                provided under subparagraph (A), and if the court finds 
                that a record prepared under paragraph (3) does not 
                meet the requirements of the selection procedures 
                established by subsection (d), the court may order that 
                the production of records under the applicable 
                directive be terminated or modified, that the 
                information produced in response to the directive be 
                destroyed, or another appropriate remedy.
            ``(5) Challenging of directives.--
                    ``(A) Authority to challenge.--An electronic 
                communications service provider receiving a directive 
                issued pursuant to paragraph (1) may file a petition to 
                modify or set aside such directive with the Foreign 
                Intelligence Surveillance Court, which shall have 
                jurisdiction to review such petition.
                    ``(B) Assignment.--The presiding judge of the Court 
                shall assign a petition filed under subparagraph (A) to 
                1 of the judges serving in the pool established under 
                section 103(e)(1) not later than 24 hours after the 
                filing of such petition.
                    ``(C) Standards for review.--A judge considering a 
                petition filed under subparagraph (A) may grant such 
                petition only if the judge finds that the directive 
                does not meet the requirements of this section or is 
                otherwise unlawful.
                    ``(D) Procedures for initial review.--A judge shall 
                conduct an initial review of a petition filed under 
                subparagraph (A) not later than 5 days after being 
                assigned such petition. If the judge determines that 
                such petition consists of claims, defenses, or other 
                legal contentions that are not warranted by existing 
                law or consists of a frivolous argument for extending, 
                modifying, or reversing existing law or for 
                establishing new law, the judge shall immediately deny 
                such petition and affirm the directive or any part of 
                the directive that is the subject of such petition and 
                order the recipient to comply with the directive or any 
                part of it. Upon making a determination under this 
                subparagraph or promptly thereafter, the judge shall 
                provide a written statement for the record of the 
                reasons for such determination.
                    ``(E) Procedures for plenary review.--If a judge 
                determines that a petition filed under subparagraph (A) 
                requires plenary review, the judge shall affirm, 
                modify, or set aside the directive that is the subject 
                of such petition not later than 30 days after being 
                assigned such petition. If the judge does not set aside 
                the directive, the judge shall immediately affirm or 
                affirm with modifications the directive, and order the 
                recipient to comply with the directive in its entirety 
                or as modified. The judge shall provide a written 
                statement for the record of the reasons for a 
                determination under this subparagraph.
                    ``(F) Continued effect.--Any directive not 
                explicitly modified or set aside under this paragraph 
                shall remain in full effect.
                    ``(G) Contempt of court.--Failure to obey an order 
                issued under this paragraph may be punished by the 
                Court as contempt of court.
            ``(6) Enforcement of directives.--
                    ``(A) Order to compel.--If an electronic 
                communications service provider fails to comply with a 
                directive issued pursuant to paragraph (1), the 
                Attorney General may file a petition for an order to 
                compel the service to comply with the directive with 
                the Foreign Intelligence Surveillance Court, which 
                shall have jurisdiction to review such petition.
                    ``(B) Assignment.--The presiding judge of the Court 
                shall assign a petition filed under subparagraph (A) to 
                1 of the judges serving in the pool established under 
                section 103(e)(1) not later than 24 hours after the 
                filing of such petition.
                    ``(C) Procedures for review.--A judge considering a 
                petition filed under subparagraph (A) shall, not later 
                than 30 days after being assigned such petition, issue 
                an order requiring the electronic communications 
                service provider to comply with the directive or any 
                part of it, as issued or as modified, if the judge 
                finds that the directive meets the requirements of this 
                section and is otherwise lawful. The judge shall 
                provide a written statement for the record of the 
                reasons for a determination under this paragraph.
                    ``(D) Contempt of court.--Failure to obey an order 
                issued under this paragraph may be punished by the 
                Court as contempt of court.
                    ``(E) Process.--Any process under this paragraph 
                may be served in any judicial district in which the 
                electronic communications service provider may be 
                found.
            ``(7) Appeal.--
                    ``(A) Appeal to the court of review.--The 
                Government or an electronic communications service 
                provider receiving a directive issued pursuant to 
                paragraph (1) may file a petition with the Foreign 
                Intelligence Surveillance Court of Review for review of 
                a decision issued pursuant to paragraph (4) or (5). The 
                Court of Review shall have jurisdiction to consider 
                such petition and shall provide a written statement for 
                the record of the reasons for a decision under this 
                subparagraph.
                    ``(B) Certiorari to the supreme court.--The 
                Government or an electronic communications service 
                provider receiving a directive issued pursuant to 
                paragraph (1) may file a petition for a writ of 
                certiorari for review of a decision of the Court of 
                Review issued under subparagraph (A). The record for 
                such review shall be transmitted under seal to the 
                Supreme Court of the United States, which shall have 
                jurisdiction to review such decision.
            ``(8) Rule of construction.--Nothing in this subsection 
        shall be construed to prevent a directive issued under 
        paragraph (1) from requiring an electronic communications 
        service provider to produce additional records, whether 
        existing or created in the future, based on records produced by 
        a previous directive issued under paragraph (1).
    ``(i) Judicial Review of Certifications and Procedures.--
            ``(1) In general.--
                    ``(A) Review by the foreign intelligence 
                surveillance court.--The Foreign Intelligence 
                Surveillance Court shall have jurisdiction to review a 
                certification submitted in accordance with subsection 
                (g) and the selection and civil liberties and privacy 
                protection procedures adopted in accordance with 
                subsections (d) and (e), and amendments to such 
                certification or such procedures.
                    ``(B) Time period for review.--The Court shall 
                review a certification submitted in accordance with 
                subsection (g) and the selection and civil liberties 
                and privacy protection procedures adopted in accordance 
                with subsections (d) and (e) and shall complete such 
                review and issue an order under paragraph (3) not later 
                than 30 days after the date on which such certification 
                and such procedures are submitted.
                    ``(C) Amendments.--The Attorney General and the 
                Director of National Intelligence may amend a 
                certification submitted in accordance with subsection 
                (g) or the selection and civil liberties and privacy 
                protection procedures adopted in accordance with 
                subsections (d) and (e) as necessary at any time, 
                including if the Court is conducting or has completed 
                review of such certification or such procedures, and 
                shall submit the amended certification or amended 
                procedures to the Court not later than 7 days after 
                amending such certification or such procedures. The 
                Court shall review any amendment under this 
                subparagraph under the procedures set forth in this 
                subsection. The Attorney General and the Director of 
                National Intelligence may authorize the use of an 
                amended certification or amended procedures pending the 
                Court's review of such amended certification or amended 
                procedures.
            ``(2) Review.--The Court shall review the following:
                    ``(A) Certification.--A certification submitted in 
                accordance with subsection (g) to determine whether the 
                certification contains all the required elements.
                    ``(B) Selection procedures.--The selection 
                procedures adopted in accordance with subsection (d) to 
                assess whether the procedures are reasonably designed 
                to meet the requirements of subsection (d).
                    ``(C) Civil liberties and privacy protection 
                procedures.--The civil liberties and privacy protection 
                procedures adopted in accordance with subsection (e) to 
                assess whether such procedures meet the requirements of 
                subsection (e).
            ``(3) Orders.--
                    ``(A) Approval.--If the Court finds that a 
                certification submitted in accordance with subsection 
                (g) contains all the required elements and that the 
                selection and civil liberties and privacy protection 
                procedures adopted in accordance with subsections (d) 
                and (e) are consistent with the requirements of those 
                subsections and with the fourth amendment to the 
                Constitution of the United States, the Court shall 
                enter an order approving the certification and the use, 
                or continued use in the case of an acquisition 
                authorized pursuant to a determination under subsection 
                (c)(2), of the procedures for the acquisition.
                    ``(B) Correction of deficiencies.--If the Court 
                finds that a certification submitted in accordance with 
                subsection (g) does not contain all the required 
                elements, or that the procedures adopted in accordance 
                with 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 Court's order--
                            ``(i) correct any deficiency identified by 
                        the Court's order not later than 30 days after 
                        the date on which the Court issues the order; 
                        or
                            ``(ii) cease, or not begin, the 
                        implementation of the authorization for which 
                        such certification was submitted.
                    ``(C) Requirement for written statement.--In 
                support of an order under this subsection, the Court 
                shall provide, simultaneously with the order, for the 
                record a written statement of the reasons for the 
                order.
            ``(4) Appeal.--
                    ``(A) Appeal to the court of review.--The 
                Government may file a petition with the Foreign 
                Intelligence Surveillance Court of Review for review of 
                an order under this subsection. The Court of Review 
                shall have jurisdiction to consider such petition. For 
                any decision under this subparagraph affirming, 
                reversing, or modifying an order of the Foreign 
                Intelligence Surveillance Court, the Court of Review 
                shall provide for the record a written statement of the 
                reasons for the decision.
                    ``(B) Continuation of acquisition pending rehearing 
                or appeal.--Any acquisition affected by an order under 
                paragraph (3)(B) may continue--
                            ``(i) during the pendency of any rehearing 
                        of the order by the Court en banc; and
                            ``(ii) if the Government files a petition 
                        for review of an order under this section, 
                        until the Court of Review enters an order under 
                        subparagraph (C).
                    ``(C) Implementation pending appeal.--Not later 
                than 60 days after the filing of a petition for review 
                of an order under paragraph (3)(B) directing the 
                correction of a deficiency, the Court of Review shall 
                determine, and enter a corresponding order regarding, 
                whether all or any part of the correction order, as 
                issued or modified, shall be implemented during the 
                pendency of the review.
                    ``(D) Certiorari to the supreme court.--The 
                Government may file a petition for a writ of certiorari 
                for review of a decision of the Court of Review issued 
                under subparagraph (A). The record for such review 
                shall be transmitted under seal to the Supreme Court of 
                the United States, which shall have jurisdiction to 
                review such decision.
            ``(5) Schedule.--
                    ``(A) Reauthorization of authorizations in 
                effect.--If the Attorney General and the Director of 
                National Intelligence seek to reauthorize or replace an 
                authorization issued under subsection (a), the Attorney 
                General and the Director of National Intelligence 
                shall, to the extent practicable, submit to the Court 
                the certification prepared in accordance with 
                subsection (g) and the procedures adopted in accordance 
                with subsections (d) and (e) at least 30 days prior to 
                the expiration of such authorization.
                    ``(B) Reauthorization of orders, authorizations, 
                and directives.--If the Attorney General and the 
                Director of National Intelligence seek to reauthorize 
                or replace an authorization issued under subsection (a) 
                by filing a certification pursuant to subparagraph (A), 
                that authorization, and any directives issued 
                thereunder and any order related thereto, shall remain 
                in effect, notwithstanding the expiration provided for 
                in subsection (a), until the Court issues an order with 
                respect to such certification under paragraph (3) at 
                which time the provisions of that paragraph and 
                paragraph (4) shall apply with respect to such 
                certification.
    ``(j) Judicial Proceedings.--
            ``(1) Expedited judicial proceedings.--Judicial proceedings 
        under this section shall be conducted as expeditiously as 
        possible.
            ``(2) Time limits.--A time limit for a judicial decision in 
        this section shall apply unless the Court, the Court of Review, 
        or any judge of either the Court or the Court of Review, by 
        order for reasons stated, extends that time as necessary for 
        good cause in a manner consistent with national security.
    ``(k) Maintenance and Security of Records and Proceedings.--
            ``(1) Standards.--The Foreign Intelligence Surveillance 
        Court shall maintain a record of a proceeding under this 
        section, including petitions, appeals, orders, and statements 
        of reasons for a decision, under security measures adopted by 
        the Chief Justice of the United States, in consultation with 
        the Attorney General and the Director of National Intelligence.
            ``(2) Filing and review.--All petitions under this section 
        shall be filed under seal. In any proceedings under this 
        section, the Court shall, upon request of the Government, 
        review ex parte and in camera any Government submission, or 
        portions of a submission, which may include classified 
        information.
            ``(3) Retention of records.--The Attorney General and the 
        Director of National Intelligence shall retain a directive or 
        an order issued under this section for a period of not less 
        than 10 years from the date on which such directive or such 
        order is issued.
    ``(l) Assessments and Reviews.--
            ``(1) Semiannual assessment.--Not less frequently than once 
        every 6 months, the Attorney General and Director of National 
        Intelligence shall assess compliance with the selection and 
        civil liberties and privacy protection procedures adopted in 
        accordance with subsections (d) and (e) and the guidelines 
        adopted in accordance with subsection (f). The assessment shall 
        also include the aggregate number of directives issued under 
        subsection (h) during the relevant time period. The Attorney 
        General and Director of National Intelligence shall submit each 
        assessment to--
                    ``(A) the Foreign Intelligence Surveillance Court; 
                and
                    ``(B) consistent with the Rules of the House of 
                Representatives, the Standing Rules of the Senate, and 
                Senate Resolution 400 of the 94th Congress or any 
                successor Senate resolution--
                            ``(i) the congressional intelligence 
                        committees; and
                            ``(ii) the Committees on the Judiciary of 
                        the House of Representatives and the Senate.
            ``(2) Agency assessment.--The Inspector General of the 
        Department of Justice and the Inspector General of each element 
        of the intelligence community authorized to acquire 
        communications records under subsection (a), with respect to 
        the department or element of such Inspector General--
                    ``(A) are authorized to review compliance with the 
                selection and civil liberties and privacy protection 
                procedures adopted in accordance with subsections (d) 
                and (e) and the guidelines adopted in accordance with 
                subsection (f);
                    ``(B) shall provide each such review to--
                            ``(i) the Attorney General;
                            ``(ii) the Director of National 
                        Intelligence; and
                            ``(iii) consistent with the Rules of the 
                        House of Representatives, the Standing Rules of 
                        the Senate, and Senate Resolution 400 of the 
                        94th Congress or any successor Senate 
                        resolution--
                                    ``(I) the congressional 
                                intelligence committees; and
                                    ``(II) the Committees on the 
                                Judiciary of the House of 
                                Representatives and the Senate.
    ``(m) Definitions.--In this section:
            ``(1) The terms `contents', `wire communication', and 
        `electronic communication' have the meaning given such terms in 
        section 2510 of title 18, United States Code.
            ``(2) The term `electronic communication service provider' 
        has the meaning given such term in section 701.
            ``(3) The terms `foreign power' and `agent of a foreign 
        power' have the meanings given such terms in section 101.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
note) is amended by inserting after the item relating to section 502 
the following new item:

``Sec. 503. Procedures for targeted acquisitions of terrorist and 
                            foreign agent non-content communications 
                            records.''.
    (c) Conforming Amendment.--Section 802(a)(3) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1885a) is amended by 
striking ``or 702(h)'' and inserting ``503(h), or 702(h)''.

SEC. 12. CONTINUOUS EVALUATION AND SHARING OF DEROGATORY INFORMATION 
              REGARDING PERSONNEL WITH ACCESS TO CLASSIFIED 
              INFORMATION.

    Section 102A(j) of the National Security Act of 1947 (50 U.S.C. 
3024(j)) is amended--
            (1) in the heading, by striking ``Sensitive Compartmented 
        Information'' and inserting ``Classified Information'';
            (2) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (3) in paragraph (4), by striking the period and inserting 
        a semicolon; and
            (4) by adding at the end the following new paragraphs:
            ``(5) ensure that the background of each employee or 
        officer of an element of the intelligence community, each 
        contractor to an element of the intelligence community, and 
        each individual employee of such a contractor who has been 
        determined to be eligible for access to classified information 
        is monitored on a continual basis under standards developed by 
        the Director, including with respect to the frequency of 
        evaluation, during the period of eligibility of such employee 
        or officer of an element of the intelligence community, such 
        contractor, or such individual employee to such a contractor to 
        determine whether such employee or officer of an element of the 
        intelligence community, such contractor, and such individual 
        employee of such a contractor continues to meet the 
        requirements for eligibility for access to classified 
        information; and
            ``(6) develop procedures to require information sharing 
        between elements of the intelligence community concerning 
        potentially derogatory security information regarding an 
        employee or officer of an element of the intelligence 
        community, a contractor to an element of the intelligence 
        community, or an individual employee of such a contractor that 
        may impact the eligibility of such employee or officer of an 
        element of the intelligence community, such contractor, or such 
        individual employee of such a contractor for a security 
        clearance.''.

SEC. 13. REQUIREMENTS FOR INTELLIGENCE COMMUNITY CONTRACTORS.

    (a) Requirements.--Section 102A of the National Security Act of 
1947 (50 U.S.C. 3024) is amended by adding at the end the following new 
subsection:
    ``(x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with the head of 
each department of the Federal Government that contains an element of 
the intelligence community and the Director of the Central Intelligence 
Agency, shall--
            ``(1) ensure that--
                    ``(A) any contractor to an element of the 
                intelligence community with access to a classified 
                network or classified information develops and operates 
                a security plan that is consistent with standards 
                established by the Director of National Intelligence 
                for intelligence community networks; and
                    ``(B) each contract awarded by an element of the 
                intelligence community includes provisions requiring 
                the contractor comply with such plan and such 
                standards;
            ``(2) conduct periodic assessments of each security plan 
        required under paragraph (1)(A) to ensure such security plan 
        complies with the requirements of such paragraph; and
            ``(3) ensure that the insider threat detection capabilities 
        and insider threat policies of the intelligence community apply 
        to facilities of contractors with access to a classified 
        network.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into or renewed after the date 
of the enactment of this Act.
                                 <all>