[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1215 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1215
To strengthen privacy protections, accountability, and oversight
related to domestic surveillance conducted pursuant to the USA PATRIOT
Act and the Foreign Intelligence Surveillance Act of 1978.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2013
Mr. Leahy (for himself, Mr. Lee, Mr. Udall of Colorado, Mr. Wyden, Mr.
Blumenthal, and Mr. Tester) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To strengthen privacy protections, accountability, and oversight
related to domestic surveillance conducted pursuant to the USA PATRIOT
Act and the Foreign Intelligence Surveillance Act of 1978.
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 Accountability and Privacy
Protection Act of 2013''.
SEC. 2. SUNSETS.
(a) Modification of FISA Amendments Act of 2008 Sunset.--
(1) Modification.--Section 403(b)(1) of the FISA Amendments
Act of 2008 (Public Law 110-261; 50 U.S.C. 1881 note) is
amended by striking ``December 31, 2017'' and inserting ``June
1, 2015''.
(2) Technical and conforming amendments.--Section 403(b)(2)
of such Act (Public Law 110-261; 122 Stat. 2474) is amended by
striking ``December 31, 2017'' and inserting ``June 1, 2015''.
(3) Orders in effect.--Section 404(b)(1) of such Act
(Public Law 110-261; 50 U.S.C. 1801 note) is amended in the
paragraph heading by striking ``December 31, 2017'' and
inserting ``June 1, 2015''.
(b) National Security Letters.--
(1) Repeal.--Effective on June 1, 2015--
(A) section 2709 of title 18, United States Code,
is amended to read as such provision read on October
25, 2001;
(B) section 1114(a)(5) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is amended
to read as such provision read on October 25, 2001;
(C) subsections (a) and (b) of section 626 of the
Fair Credit Reporting Act (15 U.S.C. 1681u) are amended
to read as subsections (a) and (b), respectively, of
the second of the 2 sections designated as section 624
of such Act (15 U.S.C. 1681u) (relating to disclosure
to the Federal Bureau of Investigation for
counterintelligence purposes), as added by section 601
of the Intelligence Authorization Act for Fiscal Year
1996 (Public Law 104-93; 109 Stat. 974), read on
October 25, 2001;
(D) section 627 of the Fair Credit Reporting Act
(15 U.S.C. 1681v) is repealed; and
(E) section 802 of the National Security Act of
1947 (50 U.S.C. 3162) is amended to read as such
provision read on October 25, 2001.
(2) Transition provision.--Notwithstanding paragraph (1),
the provisions of law referred to in paragraph (1), as in
effect on May 31, 2015, shall continue to apply on and after
June 1, 2015, with respect to any particular foreign
intelligence investigation or with respect to any particular
offense or potential offense that began or occurred before June
1, 2015.
(3) Technical and conforming amendments.--Effective June 1,
2015--
(A) section 3511 of title 18, United States Code,
is amended--
(i) in subsections (a), (c), and (d), by
striking ``or 627(a)'' each place it appears;
and
(ii) in subsection (b)(1)(A), as amended by
section 6(b) of this Act, by striking ``section
626 or 627 of the Fair Credit Reporting Act (15
U.S.C. 1681u and 1681v)'' and inserting
``section 626 of the Fair Credit Reporting Act
(15 U.S.C. 1681u)'';
(B) section 118(c) of the USA PATRIOT Improvement
and Reauthorization Act of 2005 (18 U.S.C. 3511 note)
is amended--
(i) in subparagraph (C), by adding ``and''
at the end;
(ii) in subparagraph (D), by striking ``;
and'' and inserting a period; and
(iii) by striking subparagraph (E); and
(C) the table of sections for the Fair Credit
Reporting Act (15 U.S.C. 1681 et seq.) is amended by
striking the item relating to section 627.
SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR ACCESS TO TANGIBLE
THINGS.
(a) In General.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is amended--
(1) in the section heading, by striking ``certain business
records'' and inserting ``tangible things'';
(2) in subsection (b)(2), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) a statement of facts showing that there are
reasonable grounds to believe that the records or other
things sought--
``(i) are relevant to an authorized
investigation (other than a threat assessment)
conducted in accordance with subsection (a)(2)
to obtain foreign intelligence information not
concerning a United States person or to protect
against international terrorism or clandestine
intelligence activities; and
``(ii)(I) pertain to a foreign power or an
agent of a foreign power;
``(II) are relevant to the activities of a
suspected agent of a foreign power who is the
subject of such authorized investigation; or
``(III) pertain to an individual in contact
with, or known to, a suspected agent of a
foreign power; and
``(B) a statement of proposed minimization
procedures.''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``and that the proposed
minimization procedures meet the definition of
minimization procedures under subsection (g)''
after ``subsections (a) and (b)''; and
(ii) by striking the second sentence; and
(B) in paragraph (2)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) shall direct that the minimization procedures
be followed.''.
(b) Technical and Conforming Amendments.--
(1) Definitions.--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 terms `Attorney General', `foreign
intelligence information', `international terrorism', `person', `United
States', and `United States person' have the meanings given those terms
in section 101.''.
(2) Title heading.--Title V of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended in
the title heading by striking ``CERTAIN BUSINESS RECORDS'' and
inserting ``TANGIBLE THINGS''.
(3) Table of contents.--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--
(A) by striking the items relating to title V and
section 501 and inserting the following:
``TITLE V--ACCESS TO TANGIBLE THINGS FOR FOREIGN INTELLIGENCE PURPOSES
``Sec. 501. Access to tangible things for foreign intelligence purposes
and international terrorism
investigations.'';
and
(B) by inserting after the item relating to section
502 the following:
``Sec. 503. Definitions.''.
SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES.
(a) Application.--Section 402(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1842(c)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)--
(A) by striking ``a certification by the
applicant'' and inserting ``a statement of the facts
and circumstances relied upon by the applicant to
justify the belief of the applicant''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(3) a statement of whether minimization procedures are
being proposed and, if so, a statement of the proposed
minimization procedures.''.
(b) Minimization.--
(1) 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 retention, and
prohibit the dissemination, of nonpublicly available
information known to concern 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, shall not be disseminated in
a manner that identifies any United States person,
without the consent of such person, unless the identity
of such 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.''.
(2) Pen registers and trap and trace devices.--Section 402
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842) is amended--
(A) in subsection (d)(1), by striking ``the judge
finds'' and all that follows and inserting the
following: ``the judge finds--
``(A) that the application satisfies the requirements of
this section; and
``(B) that, if there are exceptional circumstances
justifying the use of minimization procedures in a particular
case, the proposed minimization procedures meet the definition
of minimization procedures under this title.''; and
(B) 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 any applicable minimization procedures by
reviewing the circumstances under which information concerning United
States persons was retained or disseminated.''.
(3) Emergencies.--Section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) 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 minimization procedures be
followed, if appropriate.''.
(4) Use of information.--Section 405(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) is
amended by striking ``provisions of this section'' and
inserting ``minimization procedures required under this
title''.
(c) Transition Procedures.--
(1) Orders in effect.--Notwithstanding the amendments made
by this Act, an order entered under section 402(d)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842(d)(1)) that is in effect on the effective date of the
amendments made by this section shall remain in effect until
the expiration of the order.
(2) Extensions.--A request for an extension of an order
referred to in paragraph (1) shall be subject to the
requirements of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), as amended by this Act.
SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.
(a) In General.--Section 2709 of title 18, United States Code, is
amended by striking subsection (c) and inserting the following:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued
under subparagraph (B) and notice of the right to
judicial review under paragraph (3) is provided, no
wire or electronic communication service provider, or
officer, employee, or agent thereof, that receives a
request under subsection (a), shall disclose to any
person that the Director of the Federal Bureau of
Investigation has sought or obtained access to
information or records under this section.
``(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, absent a prohibition of disclosure under this
subsection, there may result--
``(i) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A wire or electronic
communication service provider, or officer, employee,
or agent thereof, that receives a request 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 request;
``(ii) an attorney in order to obtain legal
advice or assistance regarding the request; or
``(iii) other persons as permitted by the
Director of the Federal Bureau of Investigation
or the designee of the Director.
``(B) Persons necessary for compliance.--Upon a
request by the Director of the Federal Bureau of
Investigation or the designee of the Director, those
persons to whom disclosure will be made under
subparagraph (A)(i) or to whom such disclosure was made
before the request shall be identified to the Director
or the designee.
``(C) 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 request is issued under subsection
(a) in the same manner as the person to whom the
request is issued.
``(D) Notice.--Any recipient that discloses to a
person described in subparagraph (A) information
otherwise subject to a nondisclosure requirement shall
inform the person of the applicable nondisclosure
requirement.
``(3) Right to judicial review.--
``(A) In general.--A wire or electronic
communications service provider that receives a request
under subsection (a) shall have the right to judicial
review of any applicable nondisclosure requirement.
``(B) Notification.--A request under subsection (a)
shall state that if the recipient wishes to have a
court review a nondisclosure requirement, the recipient
shall notify the Government.
``(C) Initiation of proceedings.--If a recipient of
a request 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, unless an appropriate
official of the Federal Bureau of the Investigation
makes a notification under paragraph (4).
``(4) Termination.--In the case of any request for which a
recipient has submitted a notification under paragraph (3)(B),
if the facts supporting a nondisclosure requirement cease to
exist, 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.''.
(b) Identity of Financial Institutions and Credit Reports.--Section
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by
striking subsection (d) and inserting the following:
``(d) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued
under subparagraph (B) and notice of the right to
judicial review under paragraph (3) is provided, no
consumer reporting agency, or officer, employee, or
agent thereof, that receives a request or order under
subsection (a), (b), or (c), shall disclose or specify
in any consumer report, that the Federal Bureau of
Investigation has sought or obtained access to
information or records under subsection (a), (b), or
(c).
``(B) 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, absent a prohibition of disclosure under this
subsection, there may result--
``(i) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency, or
officer, employee, or agent thereof, that receives a
request or order under subsection (a), (b), or (c) may
disclose information otherwise subject to any
applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is
necessary in order to comply with the request
or order;
``(ii) an attorney in order to obtain legal
advice or assistance regarding the request or
order; or
``(iii) other persons as permitted by the
Director of the Federal Bureau of Investigation
or the designee of the Director.
``(B) Persons necessary for compliance.--Upon a
request by the Director of the Federal Bureau of
Investigation or the designee of the Director, those
persons to whom disclosure will be made under
subparagraph (A)(i) or to whom such disclosure was made
before the request shall be identified to the Director
or the designee.
``(C) 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 request or order is issued under
subsection (a), (b), or (c) in the same manner as the
person to whom the request or order is issued.
``(D) Notice.--Any recipient that discloses to a
person described in subparagraph (A) information
otherwise subject to a nondisclosure requirement shall
inform the person of the applicable nondisclosure
requirement.
``(3) Right to judicial review.--
``(A) In general.--A consumer reporting agency that
receives a request or order under subsection (a), (b),
or (c) shall have the right to judicial review of any
applicable nondisclosure requirement.
``(B) Notification.--A request or order under
subsection (a), (b), or (c) shall state that if the
recipient wishes to have a court review a nondisclosure
requirement, the recipient shall notify the Government.
``(C) Initiation of proceedings.--If a recipient of
a request or order under subsection (a), (b), or (c)
makes a notification under subparagraph (B), the
Government shall initiate judicial review under the
procedures established in section 3511 of title 18,
United States Code, unless an appropriate official of
the Federal Bureau of Investigation makes a
notification under paragraph (4).
``(4) Termination.--In the case of any request or order for
which a consumer reporting agency has submitted a notification
under paragraph (3)(B), if the facts supporting a nondisclosure
requirement cease to exist, an appropriate official of the
Federal Bureau of Investigation shall promptly notify the
consumer reporting agency, or officer, employee, or agent
thereof, subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
(c) Disclosures to Governmental Agencies for Counterterrorism
Purposes.--Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) is amended by striking subsection (c) and inserting the
following:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued
under subparagraph (B) and notice of the right to
judicial review under paragraph (3) is provided, no
consumer reporting agency, or officer, employee, or
agent thereof, that receives a request under subsection
(a), shall disclose to any person or specify in any
consumer report, that a government agency has sought or
obtained access to information under subsection (a).
``(B) Certification.--The requirements of
subparagraph (A) shall apply if the head of a
government agency authorized to conduct investigations
of, or intelligence or counterintelligence activities
or analysis related to, international terrorism, or a
designee, certifies that, absent a prohibition of
disclosure under this subsection, there may result--
``(i) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency, or
officer, employee, or agent thereof, that receives a
request 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 request;
``(ii) an attorney in order to obtain legal
advice or assistance regarding the request; or
``(iii) other persons as permitted by the
head of the government agency authorized to
conduct investigations of, or intelligence or
counterintelligence activities or analysis
related to, international terrorism, or a
designee.
``(B) Persons necessary for compliance.--Upon a
request by the head of a government agency authorized
to conduct investigations of, or intelligence or
counterintelligence activities or analysis related to,
international terrorism, or a designee, those persons
to whom disclosure will be made under subparagraph
(A)(i) or to whom such disclosure was made before the
request shall be identified to the head of the
government agency or the designee.
``(C) 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 request is issued under subsection
(a) in the same manner as the person to whom the
request is issued.
``(D) Notice.--Any recipient that discloses to a
person described in subparagraph (A) information
otherwise subject to a nondisclosure requirement shall
inform the person of the applicable nondisclosure
requirement.
``(3) Right to judicial review.--
``(A) In general.--A consumer reporting agency that
receives a request under subsection (a) shall have the
right to judicial review of any applicable
nondisclosure requirement.
``(B) Notification.--A request under subsection (a)
shall state that if the recipient wishes to have a
court review a nondisclosure requirement, the recipient
shall notify the government.
``(C) Initiation of proceedings.--If a recipient of
a request under subsection (a) makes a notification
under subparagraph (B), the government shall initiate
judicial review under the procedures established in
section 3511 of title 18, United States Code, unless an
appropriate official of the government agency
authorized to conduct investigations of, or
intelligence or counterintelligence activities or
analysis related to, international terrorism makes a
notification under paragraph (4).
``(4) Termination.--In the case of any request for which a
consumer reporting agency has submitted a notification under
paragraph (3)(B), if the facts supporting a nondisclosure
requirement cease to exist, an appropriate official of the
government agency authorized to conduct investigations of, or
intelligence or counterintelligence activities or analysis
related to, international terrorism shall promptly notify the
consumer reporting agency, or officer, employee, or agent
thereof, subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
(d) Financial Records.--Section 1114(a)(5) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is amended by
striking subparagraph (D) and inserting the following:
``(D) Prohibition of Certain Disclosure.--
``(i) Prohibition.--
``(I) In general.--If a certification is issued
under subclause (II) and notice of the right to
judicial review under clause (iii) is provided, no
financial institution, or officer, employee, or agent
thereof, that receives a request under subparagraph
(A), shall disclose to any person that the Federal
Bureau of Investigation has sought or obtained access
to information or records under subparagraph (A).
``(II) Certification.--The requirements of
subclause (I) 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, absent a prohibition of disclosure under this
subparagraph, there may result--
``(aa) a danger to the national security of
the United States;
``(bb) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(cc) interference with diplomatic
relations; or
``(dd) danger to the life or physical
safety of any person.
``(ii) Exception.--
``(I) In general.--A financial institution, or
officer, employee, or agent thereof, that receives a
request under subparagraph (A) may disclose information
otherwise subject to any applicable nondisclosure
requirement to--
``(aa) those persons to whom disclosure is
necessary in order to comply with the request;
``(bb) an attorney in order to obtain legal
advice or assistance regarding the request; or
``(cc) other persons as permitted by the
Director of the Federal Bureau of Investigation
or the designee of the Director.
``(II) Persons necessary for compliance.--Upon a
request by the Director of the Federal Bureau of
Investigation or the designee of the Director, those
persons to whom disclosure will be made under subclause
(I)(aa) or to whom such disclosure was made before the
request shall be identified to the Director or the
designee.
``(III) Nondisclosure requirement.--A person to
whom disclosure is made under subclause (I) shall be
subject to the nondisclosure requirements applicable to
a person to whom a request is issued under subparagraph
(A) in the same manner as the person to whom the
request is issued.
``(IV) Notice.--Any recipient that discloses to a
person described in subclause (I) information otherwise
subject to a nondisclosure requirement shall inform the
person of the applicable nondisclosure requirement.
``(iii) Right to judicial review.--
``(I) In general.--A financial institution that
receives a request under subparagraph (A) shall have
the right to judicial review of any applicable
nondisclosure requirement.
``(II) Notification.--A request under subparagraph
(A) shall state that if the recipient wishes to have a
court review a nondisclosure requirement, the recipient
shall notify the Government.
``(III) Initiation of proceedings.--If a recipient
of a request under subparagraph (A) makes a
notification under subclause (II), the Government shall
initiate judicial review under the procedures
established in section 3511 of title 18, United States
Code, unless an appropriate official of the Federal
Bureau of Investigation makes a notification under
clause (iv).
``(iv) Termination.--In the case of any request for which a
financial institution has submitted a notification under clause
(iii)(II), if the facts supporting a nondisclosure requirement
cease to exist, an appropriate official of the Federal Bureau
of Investigation shall promptly notify the financial
institution, or officer, employee, or agent thereof, subject to
the nondisclosure requirement that the nondisclosure
requirement is no longer in effect.''.
(e) Requests by Authorized Investigative Agencies.--Section 802 of
the National Security Act of 1947 (50 U.S.C. 3162), is amended by
striking subsection (b) and inserting the following:
``(b) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued
under subparagraph (B) and notice of the right to
judicial review under paragraph (3) is provided, no
governmental or private entity, or officer, employee,
or agent thereof, that receives a request under
subsection (a), shall disclose to any person that an
authorized investigative agency described in subsection
(a) has sought or obtained access to information under
subsection (a).
``(B) Certification.--The requirements of
subparagraph (A) shall apply if the head of an
authorized investigative agency described in subsection
(a), or a designee, certifies that, absent a
prohibition of disclosure under this subsection, there
may result--
``(i) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A governmental or private
entity, or officer, employee, or agent thereof, that
receives a request 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 request;
``(ii) an attorney in order to obtain legal
advice or assistance regarding the request; or
``(iii) other persons as permitted by the
head of the authorized investigative agency
described in subsection (a).
``(B) Persons necessary for compliance.--Upon a
request by the head of an authorized investigative
agency described in subsection (a), or a designee,
those persons to whom disclosure will be made under
subparagraph (A)(i) or to whom such disclosure was made
before the request shall be identified to the head of
the authorized investigative agency or the designee.
``(C) 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 request is issued under subsection
(a) in the same manner as the person to whom the
request is issued.
``(D) Notice.--Any recipient that discloses to a
person described in subparagraph (A) information
otherwise subject to a nondisclosure requirement shall
inform the person of the applicable nondisclosure
requirement.
``(3) Right to judicial review.--
``(A) In general.--A governmental or private entity
that receives a request under subsection (a) shall have
the right to judicial review of any applicable
nondisclosure requirement.
``(B) Notification.--A request under subsection (a)
shall state that if the recipient wishes to have a
court review a nondisclosure requirement, the recipient
shall notify the Government.
``(C) Initiation of proceedings.--If a recipient of
a request under subsection (a) makes a notification
under subparagraph (B), the Government shall initiate
judicial review under the procedures established in
section 3511 of title 18, United States Code, unless an
appropriate official of the authorized investigative
agency described in subsection (a) makes a notification
under paragraph (4).
``(4) Termination.--In the case of any request for which a
governmental or private entity has submitted a notification
under paragraph (3)(B), if the facts supporting a nondisclosure
requirement cease to exist, an appropriate official of the
authorized investigative agency described in subsection (a)
shall promptly notify the governmental or private entity, or
officer, employee, or agent thereof, subject to the
nondisclosure requirement that the nondisclosure requirement is
no longer in effect.''.
SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY LETTERS.
(a) FISA.--Section 501(f)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by striking ``a production order'' and
inserting ``a production order or nondisclosure
order''; and
(ii) by striking ``Not less than 1 year''
and all that follows; and
(B) in clause (ii), by striking ``production order
or nondisclosure''; and
(2) in subparagraph (C)--
(A) by striking clause (ii); and
(B) by redesignating clause (iii) as clause (ii).
(b) Judicial Review of National Security Letters.--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 request or order
for a report, records, or other information under
section 2709 of this title, section 626 or 627 of the
Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v),
section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414), or section 802 of the National
Security Act of 1947 (50 U.S.C. 3162), wishes to have a
court review a nondisclosure requirement imposed in
connection with the request or order, the recipient
shall notify the Government.
``(B) Application.--Not later than 30 days after
the date of receipt of a notification under
subparagraph (A), the Government shall apply for an
order prohibiting the disclosure of the existence or
contents of the relevant request or order. An
application under this subparagraph may be filed in the
district court of the United States for the judicial
district in which the recipient of the order is doing
business or in the district court of the United States
for any judicial district within which the authorized
investigation that is the basis for the request or
order 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 shall,
subject to paragraph (3), issue a nondisclosure order
that includes conditions appropriate to the
circumstances.
``(2) Application contents.--An application for a
nondisclosure order or extension thereof under this subsection
shall include a certification from the Attorney General, Deputy
Attorney General, an Assistant Attorney General, or the
Director of the Federal Bureau of Investigation, or in the case
of a request by a department, agency, or instrumentality of the
Federal Government other than the Department of Justice, the
head or deputy head of the department, agency, or
instrumentality, containing a statement of specific facts
indicating that, absent a prohibition of disclosure under this
subsection, there may result--
``(A) a danger to the national security of the
United States;
``(B) interference with a criminal,
counterterrorism, or counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure requirement order or extension
thereof under this subsection if the court determines, giving
substantial weight to the certification under paragraph (2),
that there is reason to believe that disclosure of the
information subject to the nondisclosure requirement during the
applicable time period will result in--
``(A) a danger to the national security of the
United States;
``(B) interference with a criminal,
counterterrorism, or counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.''.
(c) Minimization.--Section 501(g)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(g)(1)) is amended 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 retained or disseminated.''.
SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL
RECORDS.
(a) In General.--Section 2709 of title 18, United States Code, as
amended by this Act, is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Written Statement.--The Director of the Federal Bureau of
Investigation, or a designee in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in Charge
in a Bureau field office designated by the Director, may make a
certification under subsection (b) only upon a written statement, which
shall be retained by the Federal Bureau of Investigation, of specific
facts showing that there are reasonable grounds to believe that the
information sought is relevant to the authorized investigation
described in subsection (b).''.
(b) Identity of Financial Institutions and Credit Reports.--Section
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), as amended by
this Act, is amended--
(1) by striking subsection (h);
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(3) by inserting after subsection (c) the following:
``(d) Written Statement.--The Director of the Federal Bureau of
Investigation, or a designee in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in Charge
in a Bureau field office designated by the Director, may make a
certification under subsection (a) or (b) only upon a written
statement, which shall be retained by the Federal Bureau of
Investigation, of specific facts showing that there are reasonable
grounds to believe that the information sought is relevant to the
authorized investigation described in subsection (a) or (b), as the
case may be.''.
(c) Disclosures to Governmental Agencies for Counterterrorism
Purposes.--Section 627(b) of the Fair Credit Reporting Act (15 U.S.C.
1681v(b)) is amended--
(1) in the subsection heading, by striking ``Form of
Certification'' and inserting ``Certification'';
(2) by striking ``The certification'' and inserting the
following:
``(1) Form of certification.--The certification''; and
(3) by adding at the end the following:
``(2) Written statement.--A supervisory official or officer
described in paragraph (1) may make a certification under
subsection (a) only upon a written statement, which shall be
retained by the government agency, of specific facts showing
that there are reasonable grounds to believe that the
information sought is relevant to the authorized investigation
described in subsection (a).''.
(d) Financial Records.--Section 1114(a)(5) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)), as amended by
this Act, is amended--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(B) The Director of the Federal Bureau of Investigation, or a
designee in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director, may make a certification under
subparagraph (A) only upon a written statement, which shall be retained
by the Federal Bureau of Investigation, of specific facts showing that
there are reasonable grounds to believe that the information sought is
relevant to the authorized investigation described in subparagraph
(A).''.
(e) Requests by Authorized Investigative Agencies.--Section 802(a)
of the National Security Act of 1947 (50 U.S.C. 3162(a)) is amended by
adding at the end the following:
``(4) A department or agency head, deputy department or agency
head, or senior official described in paragraph (3)(A) may make a
certification under paragraph (3)(A) only upon a written statement,
which shall be retained by the authorized investigative agency, of
specific facts showing that there are reasonable grounds to believe
that the information sought is relevant to the authorized inquiry or
investigation described in paragraph (3)(A)(ii).''.
(f) Technical and Conforming Amendments.--
(1) Obstruction of criminal investigations.--Section
1510(e) of title 18, United States Code, is amended by striking
``section 2709(c)(1) of this title, section 626(d)(1) or
627(c)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1)
of the National Security Act of 1947 (50 U.S.C. 403(b)(1))''
and inserting ``section 2709(d)(1) of this title, section
626(e)(1) or 627(c)(1) of the Fair Credit Reporting Act (15
U.S.C. 1681u(e)(1) and 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section
802(b)(1) of the National Security Act of 1947 (50 U.S.C.
3162(b)(1))''.
(2) Semiannual reports.--Section 507(b) of the National
Security Act of 1947 (50 U.S.C. 415b(b)) is amended to read as
follows:
``(b) Semiannual Reports.--The dates for the submittal to the
congressional intelligence committees of the semiannual reports on
decisions not to prosecute certain violations of law under the
Classified Information Procedures Act (18 U.S.C. App.), as required by
section 13 of that Act, shall be the dates each year provided in
subsection (c)(2).''.
SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.
(a) In General.--Section 118(c) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended to read as
follows:
``(c) Reports on Requests for National Security Letters.--
``(1) Definitions.--In this subsection--
``(A) the term `applicable period' means--
``(i) with respect to the first report
submitted under paragraph (2) or (3), the
period beginning 180 days after the date of
enactment of the FISA Accountability and
Privacy Protection Act of 2013 and ending on
December 31, 2013; and
``(ii) with respect to the second report
submitted under paragraph (2) or (3), and each
report thereafter, the 6-month period ending on
the last day of the second month before the
date for submission of the report; and
``(B) the term `United States person' has the
meaning given that term in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
``(2) Classified form.--
``(A) In general.--Not later than March 1, 2014,
and every 6 months thereafter, the Attorney General
shall submit to the Select Committee on Intelligence,
the Committee on the Judiciary, and the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Permanent Select Committee on Intelligence, the
Committee on the Judiciary, and the Committee on
Financial Services of the House of Representatives a
report fully informing the committees concerning the
requests made under section 2709(a) of title 18, United
States Code, section 1114(a)(5)(A) of the Right to
Financial Privacy Act of 1978 (12 U.S.C.
3414(a)(5)(A)), section 626 of the Fair Credit
Reporting Act (15 U.S.C. 1681u), section 627 of the
Fair Credit Reporting Act (15 U.S.C. 1681v), or section
802 of the National Security Act of 1947 (50 U.S.C.
3162) during the applicable period.
``(B) Contents.--Each report under subparagraph (A)
shall include, for each provision of law described in
subparagraph (A)--
``(i) the number of authorized requests
under the provision, including requests for
subscriber information; and
``(ii) the number of authorized requests
under the provision--
``(I) that relate to a United
States person;
``(II) that relate to a person that
is not a United States person;
``(III) that relate to a person
that is--
``(aa) the subject of an
authorized national security
investigation; or
``(bb) an individual who
has been in contact with or
otherwise directly linked to
the subject of an authorized
national security
investigation; and
``(IV) that relate to a person that
is not known to be the subject of an
authorized national security
investigation or to have been in
contact with or otherwise directly
linked to the subject of an authorized
national security investigation.
``(3) Unclassified form.--
``(A) In general.--Not later than March 1, 2014,
and every 6 months thereafter, the Attorney General
shall submit to the Select Committee on Intelligence,
the Committee on the Judiciary, and the Committee on
Banking, Housing, and Urban Affairs of the Senate and
the Permanent Select Committee on Intelligence, the
Committee on the Judiciary, and the Committee on
Financial Services of the House of Representatives a
report fully informing the committees concerning the
aggregate total of all requests identified under
paragraph (2) during the applicable period. Each report
under this subparagraph shall be in unclassified form.
``(B) Contents.--Each report under subparagraph (A)
shall include the aggregate total of requests--
``(i) that relate to a United States
person;
``(ii) that relate to a person that is not
a United States person;
``(iii) that relate to a person that is--
``(I) the subject of an authorized
national security investigation; or
``(II) an individual who has been
in contact with or otherwise directly
linked to the subject of an authorized
national security investigation; and
``(iv) that relate to a person that is not
known to be the subject of an authorized
national security investigation or to have been
in contact with or otherwise directly linked to
the subject of an authorized national security
investigation.''.
(b) Technical and Conforming Amendment.--Section 627 of the Fair
Credit Reporting Act (15 U.S.C. 1681v) is amended by striking
subsection (f).
SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT
OF 1978.
(a) In General.--Title VI of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1871) is amended by adding at the end the
following:
``SEC. 602. ANNUAL UNCLASSIFIED REPORT.
``Not later than December 31, 2014, and every year thereafter, the
Attorney General, in consultation with the Director of National
Intelligence, and with due regard for the protection of classified
information from unauthorized disclosure, shall submit to the Committee
on the Judiciary and the Select Committee on Intelligence of the Senate
and the Committee on the Judiciary and the Permanent Select Committee
on Intelligence of the House of Representatives an unclassified report
summarizing how the authorities under this Act are used, including the
impact of the use of the authorities under this Act on the privacy of
United States persons (as defined in section 101).''.
(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 601 the following:
``Sec. 602. Annual unclassified report.''.
SEC. 10. AUDITS.
(a) Tangible Things.--Section 106A of the USA PATRIOT Improvement
and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 200) is
amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and calendar
years 2010 through 2013'' after ``2006'';
(B) by striking paragraphs (2) and (3);
(C) by redesignating paragraphs (4) and (5) as
paragraphs (2) and (3), respectively; and
(D) in paragraph (3), as so redesignated--
(i) by striking subparagraph (C) and
inserting the following:
``(C) with respect to calendar years 2010 through
2013, an examination of the minimization procedures
used in relation to orders under section 501 of the
Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1861) and whether the minimization procedures
adequately protect the constitutional rights of United
States persons.''; and
(ii) in subparagraph (D), by striking ``(as
such term is defined in section 3(4) of the
National Security Act of 1947 (50 U.S.C.
401a(4)))'';
(2) in subsection (c), by adding at the end the following:
``(3) Calendar years 2010 and 2011.--Not later than January
1, 2014, the Inspector General of the Department of Justice
shall submit to the Committee on the Judiciary and the Select
Committee on Intelligence of the Senate and the Committee on
the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report
containing the results of the audit conducted under subsection
(a) for calendar years 2010 and 2011.
``(4) Calendar years 2012 and 2013.--Not later than January
1, 2015, the Inspector General of the Department of Justice
shall submit to the Committee on the Judiciary and the Select
Committee on Intelligence of the Senate and the Committee on
the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report
containing the results of the audit conducted under subsection
(a) for calendar years 2012 and 2013.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(4) by inserting after subsection (c) the following:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2010 and ending on December 31, 2013, the Inspector General of
each element of the intelligence community outside of the
Department of Justice that used information acquired under
title V of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861 et seq.) in the intelligence activities of the
element of the intelligence community shall--
``(A) assess the importance of the information to
the intelligence activities of the element of the
intelligence community;
``(B) examine the manner in which that information
was collected, retained, analyzed, and disseminated by
the element of the intelligence community;
``(C) describe any noteworthy facts or
circumstances relating to orders under title V of the
Foreign Intelligence Surveillance Act of 1978 as the
orders relate to the element of the intelligence
community; and
``(D) examine any minimization procedures used by
the element of the intelligence community under title V
of the Foreign Intelligence Surveillance Act of 1978
and whether the minimization procedures adequately
protect the constitutional rights of United States
persons.
``(2) Submission dates for assessment.--
``(A) Calendar years 2010 and 2011.--Not later than
January 1, 2014, the Inspector General of each element
of the intelligence community that conducts an
assessment under this subsection shall submit to the
Committee on the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on the
Judiciary and the Permanent Select Committee on
Intelligence of the House of Representative a report
containing the results of the assessment for calendar
years 2010 and 2011.
``(B) Calendar years 2012 and 2013.--Not later than
January 1, 2015, the Inspector General of each element
of the intelligence community that conducts an
assessment under this subsection shall submit to the
Committee on the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on the
Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report
containing the results of the assessment for calendar
years 2012 and 2013.'';
(5) in subsection (e), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection
(c)(1) or (c)(2)'' and inserting ``any report
under subsection (c) or (d)''; and
(ii) by inserting ``and any Inspector
General of an element of the intelligence
community that submits a report under this
section'' after ``Justice''; and
(B) in paragraph (2), by striking ``the reports
submitted under subsection (c)(1) and (c)(2)'' and
inserting ``any report submitted under subsection (c)
or (d)'';
(6) in subsection (f), as redesignated by paragraph (3)--
(A) by striking ``The reports submitted under
subsections (c)(1) and (c)(2)'' and inserting ``Each
report submitted under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''; and
(7) by adding at the end the following:
``(g) Definitions.--In this section--
``(1) the term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003); and
``(2) the term `United States person' has the meaning given
that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).''.
(b) National Security Letters.--Section 119 of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120
Stat. 219) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and calendar
years 2010 through 2013'' after ``2006''; and
(B) in paragraph (3)(C), by striking ``(as such
term is defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)))'';
(2) in subsection (c), by adding at the end the following:
``(3) Calendar years 2010 and 2011.--Not later than January
1, 2014, the Inspector General of the Department of Justice
shall submit to the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under subsection
(a) for calendar years 2010 and 2011.
``(4) Calendar years 2012 and 2013.--Not later than January
1, 2015, the Inspector General of the Department of Justice
shall submit to the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under subsection
(a) for calendar years 2012 and 2013.'';
(3) by striking subsection (g) and inserting the following:
``(h) Definitions.--In this section--
``(1) the term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003);
``(2) the term `national security letter' means a request
for information under--
``(A) section 2709(a) of title 18, United States
Code (to access certain communication service provider
records);
``(B) section 1114(a)(5)(A) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A))
(to obtain financial institution customer records);
``(C) section 802 of the National Security Act of
1947 (50 U.S.C. 3162) (to obtain financial information,
records, and consumer reports);
``(D) section 626 of the Fair Credit Reporting Act
(15 U.S.C. 1681u) (to obtain certain financial
information and consumer reports); or
``(E) section 627 of the Fair Credit Reporting Act
(15 U.S.C. 1681v) (to obtain credit agency consumer
records for counterterrorism investigations); and
``(3) the term `United States person' has the meaning given
that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).'';
(4) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(5) by inserting after subsection (c) the following:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2010 and ending on December 31, 2013, the Inspector General of
each element of the intelligence community outside of the
Department of Justice that issued national security letters in
the intelligence activities of the element of the intelligence
community shall--
``(A) examine the use of national security letters
by the element of the intelligence community during the
period;
``(B) describe any noteworthy facts or
circumstances relating to the use of national security
letters by the element of the intelligence community,
including any improper or illegal use of such
authority;
``(C) assess the importance of information received
under the national security letters to the intelligence
activities of the element of the intelligence
community; and
``(D) examine the manner in which information
received under the national security letters was
collected, retained, analyzed, and disseminated.
``(2) Submission dates for assessment.--
``(A) Calendar years 2010 and 2011.--Not later than
January 1, 2014, the Inspector General of each element
of the intelligence community that conducts an
assessment under this subsection shall submit to the
Committee on the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on the
Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report
containing the results of the assessment for calendar
years 2010 and 2011.
``(B) Calendar years 2012 and 2013.--Not later than
January 1, 2015, the Inspector General of any element
of the intelligence community that conducts an
assessment under this subsection shall submit to the
Committee on the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on the
Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report
containing the results of the assessment for calendar
years 2012 and 2013.'';
(6) in subsection (e), as redesignated by paragraph (4)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection
(c)(1) or (c)(2)'' and inserting ``any report
under subsection (c) or (d)''; and
(ii) by inserting ``and any Inspector
General of an element of the intelligence
community that submits a report under this
section'' after ``Justice''; and
(B) in paragraph (2), by striking ``the reports
submitted under subsection (c)(1) or (c)(2)'' and
inserting ``any report submitted under subsection (c)
or (d)''; and
(7) in subsection (f), as redesignated by paragraph (4)--
(A) by striking ``The reports submitted under
subsections (c)(1) or (c)(2)'' and inserting ``Each
report submitted under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''.
(c) Pen Registers and Trap and Trace Devices.--
(1) Audits.--The Inspector General of the Department of
Justice shall perform comprehensive audits of the effectiveness
and use, including any improper or illegal use, of pen
registers and trap and trace devices under title IV of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841
et seq.) during the period beginning on January 1, 2010 and
ending on December 31, 2013.
(2) Requirements.--The audits required under paragraph (1)
shall include--
(A) an examination of the use of pen registers and
trap and trace devices under title IV of the Foreign
Intelligence Surveillance Act of 1978 for calendar
years 2010 through 2013;
(B) an examination of the installation and use of a
pen register or trap and trace device on emergency
bases under section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843);
(C) any noteworthy facts or circumstances relating
to the use of a pen register or trap and trace device
under title IV of the Foreign Intelligence Surveillance
Act of 1978, including any improper or illegal use of
the authority provided under that title; and
(D) an examination of the effectiveness of the
authority under title IV of the Foreign Intelligence
Surveillance Act of 1978 as an investigative tool,
including--
(i) the importance of the information
acquired to the intelligence activities of the
Federal Bureau of Investigation;
(ii) the manner in which the information is
collected, retained, analyzed, and disseminated
by the Federal Bureau of Investigation,
including any direct access to the information
provided to any other department, agency, or
instrumentality of Federal, State, local, or
tribal governments or any private sector
entity;
(iii) with respect to calendar years 2012
and 2013, an examination of the minimization
procedures of the Federal Bureau of
Investigation used in relation to pen registers
and trap and trace devices under title IV of
the Foreign Intelligence Surveillance Act of
1978 and whether the minimization procedures
adequately protect the constitutional rights of
United States persons;
(iv) whether, and how often, the Federal
Bureau of Investigation used information
acquired under a pen register or trap and trace
device under title IV of the Foreign
Intelligence Surveillance Act of 1978 to
produce an analytical intelligence product for
distribution within the Federal Bureau of
Investigation, to the intelligence community,
or to another department, agency, or
instrumentality of Federal, State, local, or
tribal governments; and
(v) whether, and how often, the Federal
Bureau of Investigation provided information
acquired under a pen register or trap and trace
device under title IV of the Foreign
Intelligence Surveillance Act of 1978 to law
enforcement authorities for use in criminal
proceedings.
(3) Submission dates.--
(A) Calendar years 2010 and 2011.--Not later than
January 1, 2014, the Inspector General of the
Department of Justice shall submit to the Committee on
the Judiciary and the Select Committee on Intelligence
of the Senate and the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the
House of Representatives a report containing the
results of the audits conducted under paragraph (1) for
calendar years 2010 and 2011.
(B) Calendar years 2012 and 2013.--Not later than
January 1, 2015, the Inspector General of the
Department of Justice shall submit to the Committee on
the Judiciary and the Select Committee on Intelligence
of the Senate and the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the
House of Representatives a report containing the
results of the audits conducted under paragraph (1) for
calendar years 2012 and 2013.
(4) Intelligence assessment.--
(A) In general.--For the period beginning January
1, 2010 and ending on December 31, 2013, the Inspector
General of any element of the intelligence community
outside of the Department of Justice that used
information acquired under a pen register or trap and
trace device under title IV of the Foreign Intelligence
Surveillance Act of 1978 in the intelligence activities
of the element of the intelligence community shall--
(i) assess the importance of the
information to the intelligence activities of
the element of the intelligence community;
(ii) examine the manner in which the
information was collected, retained, analyzed,
and disseminated;
(iii) describe any noteworthy facts or
circumstances relating to orders under title IV
of the Foreign Intelligence Surveillance Act of
1978 as the orders relate to the element of the
intelligence community; and
(iv) examine any minimization procedures
used by the element of the intelligence
community in relation to pen registers and trap
and trace devices under title IV of the Foreign
Intelligence Surveillance Act of 1978 and
whether the minimization procedures adequately
protect the constitutional rights of United
States persons.
(B) Submission dates for assessment.--
(i) Calendar years 2010 and 2011.--Not
later than January 1, 2014, the Inspector
General of each element of the intelligence
community that conducts an assessment under
this paragraph shall submit to the Committee on
the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on
the Judiciary and the Permanent Select
Committee on Intelligence of the House of
Representative a report containing the results
of the assessment for calendar years 2010 and
2011.
(ii) Calendar years 2012 and 2013.--Not
later than January 1, 2015, the Inspector
General of each element of the intelligence
community that conducts an assessment under
this paragraph shall submit to the Committee on
the Judiciary and the Select Committee on
Intelligence of the Senate and the Committee on
the Judiciary and the Permanent Select
Committee on Intelligence of the House of
Representative a report containing the results
of the assessment for calendar years 2012 and
2013.
(5) Prior notice to attorney general and director of
national intelligence; comments.--
(A) Notice.--Not later than 30 days before the
submission of any report under paragraph (3) or (4),
the Inspector General of the Department of Justice and
any Inspector General of an element of the intelligence
community that submits a report under this subsection
shall provide the report to the Attorney General and
the Director of National Intelligence.
(B) Comments.--The Attorney General or the Director
of National Intelligence may provide such comments to
be included in any report submitted under paragraph (3)
or (4) as the Attorney General or the Director of
National Intelligence may consider necessary.
(6) Unclassified form.--Each report submitted under
paragraph (3) and any comments included in that report under
paragraph (5)(B) shall be in unclassified form, but may include
a classified annex.
(d) Definitions.--In this section--
(1) the terms ``Attorney General'', ``foreign intelligence
information'', 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 ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003);
(3) the term ``minimization procedures'' has the meaning
given that term in section 401 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841), as amended by this
Act; and
(4) the terms ``pen register'' and ``trap and trace
device'' have the meanings given those terms in section 3127 of
title 18, United States Code.
SEC. 11. DELAYED NOTICE SEARCH WARRANTS.
Section 3103a(b)(3) of title 18, United States Code, is amended by
striking ``30 days'' and inserting ``7 days''.
SEC. 12. INSPECTOR GENERAL REVIEWS.
(a) Agency Assessments.--Section 702(l)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2)) is
amended--
(1) in the matter preceding subparagraph (A), by striking
``authorized to acquire foreign intelligence information under
subsection (a)'' and inserting ``with targeting or minimization
procedures approved under this section'';
(2) in subparagraph (C), by inserting ``United States
persons or'' after ``later determined to be''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking
``such review'' and inserting ``review conducted under
this paragraph'';
(B) in clause (ii), by striking ``and'' at the end;
(C) by redesignating clause (iii) as clause (iv);
and
(D) by inserting after clause (ii), the following:
``(iii) the Inspector General of the
Intelligence Community; and''.
(b) Inspector General of the Intelligence Community Review.--
Section 702(l) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1881a(l)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Inspector general of the intelligence community
review.--
``(A) In general.--The Inspector General of the
Intelligence Community is authorized to review the
acquisition, use, and dissemination of information
acquired under subsection (a) in order to review
compliance with the targeting and minimization
procedures adopted in accordance with subsections (d)
and (e) and the guidelines adopted in accordance with
subsection (f), and in order to conduct the review
required under subparagraph (B).
``(B) Mandatory review.--The Inspector General of
the Intelligence Community shall review the procedures
and guidelines developed by the intelligence community
to implement this section, with respect to the
protection of the privacy rights of United States
persons, including--
``(i) an evaluation of the limitations
outlined in subsection (b), the procedures
approved in accordance with subsections (d) and
(e), and the guidelines adopted in accordance
with subsection (f), with respect to the
protection of the privacy rights of United
States persons; and
``(ii) an evaluation of the circumstances
under which the contents of communications
acquired under subsection (a) may be searched
in order to review the communications of
particular United States persons.
``(C) Consideration of other reviews and
assessments.--In conducting a review under subparagraph
(B), the Inspector General of the Intelligence
Community should take into consideration, to the extent
relevant and appropriate, any reviews or assessments
that have been completed or are being undertaken under
this section.
``(D) Report.--Not later than December 31, 2014,
the Inspector General of the Intelligence Community
shall submit a report regarding the reviews conducted
under this paragraph 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 Committee on the
Judiciary of the Senate and the
Committee on the Judiciary of the House
of Representatives.
``(E) Public reporting of findings and
conclusions.--In a manner consistent with the
protection of the national security of the United
States, and in unclassified form, the Inspector General
of the Intelligence Community shall make publicly
available a summary of the findings and conclusions of
the review conducted under subparagraph (B).''.
(c) Annual Reviews.--Section 702(l)(4)(A) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(4)(A)), as
redesignated by subsection (b)(1), is amended--
(1) in the matter preceding clause (i)--
(A) in the first sentence--
(i) by striking ``conducting an acquisition
authorized under subsection (a)'' and inserting
``with targeting or minimization procedures
approved under this section''; and
(ii) by striking ``the acquisition'' and
inserting ``acquisitions under subsection
(a)''; and
(B) in the second sentence, by striking ``The
annual review'' and inserting ``As applicable, the
annual review''; and
(2) in clause (iii), by inserting ``United States persons
or'' after ``later determined to be''.
SEC. 13. ELECTRONIC SURVEILLANCE.
Section 105(c)(1)(A) of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1805(c)(1)(A)) is amended by inserting ``with
particularity'' after ``description''.
SEC. 14. SEVERABILITY.
If any provision of this Act or an amendment made by this Act, or
the application of the provision to any person or circumstance, is held
to be unconstitutional, the remainder of this Act and the amendments
made by this Act, and the application of the provisions of this Act and
the amendments made by this Act to any other person or circumstance,
shall not be affected thereby.
SEC. 15. OFFSET.
Of the unobligated balances available in the Department of Justice
Assets Forfeiture Fund established under section 524(c)(1) of title 28,
United States Code, $5,000,000 are permanently rescinded and shall be
returned to the general fund of the Treasury.
SEC. 16. EFFECTIVE DATE.
The amendments made by sections 3, 4, 5, 6, 7, and 11 shall take
effect on the date that is 120 days after the date of enactment of this
Act.
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