[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2093 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2093

 To amend the Foreign Intelligence Surveillance Act of 1978 to modify 
   the purposes of authorized collection of business records and to 
prohibit the bulk collection of metadata, to require judicial review of 
           national security letters, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2014

   Mr. Walsh introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Foreign Intelligence Surveillance Act of 1978 to modify 
   the purposes of authorized collection of business records and to 
prohibit the bulk collection of metadata, to require judicial review of 
           national security letters, 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 ``Civil Liberties Protection Act''.

SEC. 2. AUTHORIZED PURPOSES FOR COLLECTION OF BUSINESS RECORDS FOR 
              CERTAIN INVESTIGATIONS.

    (a) In General.--Subsection (a)(1) of section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by 
striking ``to obtain'' and all that follows through ``clandestine 
intelligence activities'' and inserting ``to protect against 
international terrorism, clandestine intelligence activities, or the 
proliferation of weapons of mass destruction, or activities in 
preparation therefor,''.
    (b) Applications.--Subsection (b)(2)(A) of such section is amended 
by striking ``to obtain'' and all that follows through ``clandestine 
intelligence activities'' and inserting ``to protect against 
international terrorism, clandestine intelligence activities, or the 
proliferation of weapons of mass destruction, or activities in 
preparation therefor,''.
    (c) Conforming Amendment.--The heading of such section is amended 
by striking ``foreign intelligence and international terrorism 
investigations'' and inserting ``international terrorism and certain 
other investigations''.

SEC. 3. PROHIBITION ON BULK COLLECTION OF METADATA.

    (a) In General.--Subsection (b)(2)(A) of section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as amended by 
section 2(b) of this Act, is further amended--
            (1) by inserting ``specific and articulable'' before 
        ``facts showing''; and
            (2) by inserting ``of a specific individual'' before 
        ``(other than a threat assessment)''.
    (b) Findings Authorizing Orders.--Subsection (c)(1) of such section 
501 is amended by striking ``and (b),'' and inserting ``and (b), and is 
reasonable in focus, scope, and breadth in the requested production of 
materials pertaining to the specific individual,''.
    (c) Report on Telephony Metadata Database.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of the National 
        Security Agency shall submit to Congress a report on the plans 
        of the Agency for the telephony metadata database of the 
        Agency.
            (2) Elements.--The report shall include the following:
                    (A) The plans of the Agency for complying with the 
                requirements of section 501 of the Foreign Intelligence 
                Surveillance Act of 1978, as amended by subsection (a), 
                with respect to the telephony metadata database of the 
                Agency, including plans for transitioning to a database 
                containing information that, except as described in 
                subparagraph (B), contains only information which 
                complies with such requirements, as so amended, and is 
                purged of information that does not so comply.
                    (B) The plans of the Agency for retaining 
                information in the database relating to on-going 
                lawsuits with respect to the database.

SEC. 4. MODIFICATION OF REQUIREMENTS AND AUTHORITIES RELATING TO 
              NONDISCLOSURE REQUIREMENTS IN REQUESTS FOR ACCESS TO 
              BUSINESS RECORDS FOR INTERNATIONAL TERRORISM AND CERTAIN 
              OTHER INVESTIGATIONS.

    (a) Judicial Approval Required for Original Imposition of 
Nondisclosure Requirements.--Subsection (d) of section 501 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
amended--
            (1) in paragraph (1), by striking ``No person'' and 
        inserting ``Subject to paragraph (2), no person'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2) Nondisclosure requirements may be included in an order under 
this section only if the judge entering the order finds that there are 
reasonable grounds to believe that a violation of such nondisclosure 
requirements would--
            ``(A) significantly threaten national security;
            ``(B) interfere with an ongoing investigation;
            ``(C) endanger the life or physical safety of any person; 
        or
            ``(D) impair diplomatic relations.''.
    (b) Effective Period of Nondisclosure Requirements.--Such 
subsection is further amended by adding at the end the following new 
paragraph:
    ``(4) Nondisclosure requirements under this subsection--
            ``(A) may not be effective for a period of more than 180 
        days; and
            ``(B) may be renewed for additional 180-day periods if a 
        judge serving in the pool established by section 103(a) cannot 
        make a finding described in subsection (f)(2)(C)(i) with 
        respect to such nondisclosure requirements at the time of such 
        renewal.''.
    (c) Judicial Review of Nondisclosure Requirements After Issuance.--
Subsection (f)(2)(C) of such section is amended--
            (1) in clause (i), by striking ``may endanger'' and all 
        that follows and inserting ``may significantly threaten 
        national security, interfere with an ongoing investigation, 
        endanger the life of physical safety of any person, or impair 
        diplomatic relations.'';
            (2) by striking clause (ii);
            (3) by redesignating clause (iii) as clause (ii); and
            (4) in clause (ii), as redesignated by paragraph (3), by 
        striking ``1 year'' and inserting ``180 days''.

SEC. 5. PROHIBITION ON TRANSFER OR STORAGE OF TANGIBLE THINGS DERIVED 
              FROM ACCESS TO BUSINESS RECORDS FOR INTERNATIONAL 
              TERRORISM AND CERTAIN OTHER INVESTIGATIONS TO PRIVATE 
              ENTITIES.

    Section 501 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861), as amended by this Act, is further amended by adding 
at the end the following new subsection:
    ``(i) Prohibition on Transfer or Storage of Tangible Things to or 
With Private Entities.--No tangible thing received by the Federal 
Bureau of Investigation in response to an order under this section, or 
any database of such tangible things, may be stored by a private entity 
or transferred to a private entity for storage.''.

SEC. 6. LIMITATIONS ON NATIONAL SECURITY LETTERS.

    (a) Definitions.--
            (1) FISA court.--The term ``FISA Court'' means the court 
        established under section 103(a) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1803(a)).
            (2) Minimization procedures.--The term ``minimization 
        procedures'' has the meaning given that term in section 
        501(g)(2) of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1861(g)(2)).
            (3) National security letter.--The term ``national security 
        letter'' means a request for information under--
                    (A) section 2709 of title 18, United States Code 
                (to access certain communication service provider 
                records);
                    (B) section 1114 of the Right to Financial Privacy 
                Act of 1978 (12 U.S.C. 3414) (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 certain consumer reports).
            (4) United states person.--The term ``United States 
        person'' has the meaning given that term in section 101(i) of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(i)).
    (b) Judicial Review.--
            (1) In general.--Except as provided in subsection (c), no 
        officer or employee of the United States may issue a national 
        security letter unless the FISA Court, a United States district 
        court, or a United States Magistrate judge issues an order 
        approving an application for the national security letter.
            (2) Review of application.--The FISA Court, a United States 
        district court, or a United States Magistrate judge may not 
        issue an order approving an application for a national security 
        letter unless such court or judge finds that--
                    (A) there are specific and articulable facts giving 
                reason to believe that the information sought by the 
                national security letter is relevant and material to an 
                authorized investigation to protect against 
                international terrorism or clandestine intelligence 
                activities;
                    (B) the national security letter is reasonable in 
                scope, focus, and breadth; and
                    (C) such an investigation of a United States person 
                is not conducted solely upon the basis of activities 
                protected by the first amendment to the Constitution of 
                the United States.
            (3) Minimization procedures.--An order approving an 
        application for a national security letter issued under this 
        subsection shall set out the minimization procedures that apply 
        to the national security letter.
            (4) Judicial approval required for original imposition of 
        nondisclosure requirements.--A national security letter may 
        contain nondisclosure requirements only if the FISA Court, a 
        United States district court, or a United States Magistrate 
        judge finds that there are reasonable grounds, relevant to the 
        authorized investigation concerned, to believe that a violation 
        of the nondisclosure requirements would--
                    (A) significantly threaten national security;
                    (B) interfere with an ongoing investigation;
                    (C) endanger the life or physical safety of any 
                person; or
                    (D) impair diplomatic relations.
    (c) Exception for Emergency Situations.--
            (1) In general.--Except as provided in paragraph (2), the 
        requirement for an order approving an application for a 
        national security letter under subsection (b) shall not apply 
        if the Attorney General--
                    (A) reasonably determines that the factual basis 
                for the issuance of the national security letter 
                exists;
                    (B) reasonably determines that an emergency 
                situation exists with respect to the issuance of a 
                national security letter before an order approving an 
                application for the national security letter can with 
                due diligence be obtained;
                    (C) informs, either personally or through a 
                designee, the FISA Court, a United States district 
                court, or a United States Magistrate judge of the 
                decision to issue the national security letter at the 
                time the decision is made; and
                    (D) makes an application for approval of the 
                issuance of the national security letter to the FISA 
                Court, a United States district court, or a United 
                States Magistrate judge in accordance with subsection 
                (b) as soon as practicable, but not later than 7 days 
                after the Attorney General decides to issue the 
                national security letter.
            (2) Minimization procedures.--Any national security letter 
        issued pursuant to this subsection shall comply with and 
        include applicable minimization procedures.
            (3) Termination.--A national security letter issued 
        pursuant to this subsection, and any nondisclosure requirements 
        included in the national security letter, shall terminate upon 
        the earlier of the following:
                    (A) When information sought by the national 
                security letter is obtained.
                    (B) In the event an application for approval of the 
                issuance of the national security letter described in 
                paragraph (1)(D) is made, when the application is 
                denied.
                    (C) The date that is seven days after the date of 
                the decision of the Attorney General to issue the 
                national security letter.
            (4) Annual reports on issuance.--The Director of the 
        Federal Bureau of Investigation shall submit to the Committee 
        on the Judiciary of the Senate and the Committee on the 
        Judiciary of the House of Representatives each year a report on 
        the national security letters issued pursuant to this 
        subsection during the preceding year, including a statement of 
        the number of national security letters so issued during such 
        year.
    (d) Nondisclosure Requirements.--
            (1) Disclosure for compliance or legal assistance.--
                    (A) Disclosure authorized.--A recipient of a 
                national security letter containing nondisclosure 
                requirements may disclose receipt of the national 
                security letter to persons necessary to comply with the 
                national security letter or an attorney to obtain legal 
                advice or legal assistance with respect to the national 
                security letter.
                    (B) Notice during disclosure of applicability of 
                nondisclosure requirements.--A recipient disclosing 
                receipt of a national security letter to persons or an 
                attorney pursuant to subparagraph (A) shall inform such 
                persons or attorney of the nondisclosure requirements 
                contained in the national security letter.
                    (C) Compliance with nondisclosure requirements.--
                Any person or attorney who receives a disclosure under 
                subparagraph (A) shall be subject to the nondisclosure 
                requirements contained in the national security letter 
                concerned.
            (2) Limitation on effective period.--
                    (A) Initial effective period.--Except as provided 
                in section 3511(b) of title 18, United States Code (as 
                amended by subparagraph (B)), nondisclosure 
                requirements contained in a national security letter 
                following judicial approval in accordance with 
                subsection (b)(4) shall be effective for not more than 
                60 days from the date of the issuance of the national 
                security letter. In the case of a national security 
                letter issued in accordance with subsection (b) after 
                application described in subsection (c)(1)(D), the date 
                of the issuance of the national security letter in 
                accordance with subsection (b) shall be treated as the 
                date of the issuance of the national security letter 
                for purposes of this subparagraph.
                    (B) Extensions.--Subsection (b) of section 3511 of 
                title 18, United States Code, is amended to read as 
                follows:
    ``(b)(1) Upon the expiration pursuant to section 6(d)(2)(A) of the 
Civil Liberties Protection Act of the initial period of effectiveness 
of nondisclosure requirements imposed in connection with a request for 
records, a report, or other information under section 2709(b) of this 
title, section 626(a) or 627(a) of the Fair Credit Reporting Act, 
section 1154(a)(5)(A) of the Right to Financial Privacy Act or section 
802(a) of the National Security Act of 1947, the Attorney General may 
petition the United States district court for the district in which the 
recipient of the request does business or resides for an extension of 
the period of effectiveness of the nondisclosure requirements for not 
more than 180 days.
    ``(2) Upon petition by the Attorney General pursuant to paragraph 
(1), the court may grant an extension of the period of effectiveness of 
nondisclosure requirements described in that paragraph for not more 
than 180 days if the court finds that there are reasonable grounds, 
relevant to the authorized investigation to protect against 
international terrorism or clandestine intelligence activities 
concerned, to believe that a violation of the nondisclosure 
requirements would--
            ``(A) significantly threaten national security;
            ``(B) interfere with an ongoing investigation;
            ``(C) endanger the life or physical safety of any person; 
        or
            ``(D) impair diplomatic relations.
    ``(3) Any extension of the period of effectiveness of nondisclosure 
requirements under paragraph (2) may be extended for additional periods 
of not more than 180 days each in accordance with the provisions of 
this subsection.
    ``(4) The Attorney General shall notify the recipient of a request 
described in paragraph (1) that contains nondisclosure requirements of 
each petition for the extension of the period of effectiveness of such 
nondisclosure requirements that is filed by the Attorney General under 
this subsection.''.
    (e) Use of Information.--
            (1) Information concerning a united states person.--No 
        information acquired pursuant to a national security letter 
        concerning a United States person may be used in violation of 
        the minimization procedures adopted pursuant to subsection 
        (b)(3) or required pursuant to subsection (c)(2), as 
        applicable.
            (2) Certain information obtained during emergencies.--
                    (A) In general.--In the case of a national security 
                letter issued pursuant to subsection (c), if the 
                application for approval of issuance described in 
                paragraph (1)(D) of that subsection is denied or if the 
                production of information is terminated without the 
                issuance of an order of approval, no information 
                obtained or evidence derived from the national security 
                letter shall be received in evidence or otherwise 
                disclosed in any trial, hearing, or other proceeding in 
                or before any court, grand jury, department, office, 
                agency, regulatory body, legislative committee, or any 
                authority of the United States, a State, or political 
                subdivision thereof, and no information concerning any 
                United States person acquired from such production 
                shall subsequently be used or disclosed in any other 
                manner by any officer or employee of the United States 
                without the consent of such person, except with the 
                approval of the Attorney General if the information 
                indicates a threat of death or serious bodily harm to 
                any person.
                    (B) Assessment of compliance.--The Attorney General 
                shall assess and ensure compliance with the limitations 
                in subparagraph (A).
            (3) Privileged.--No otherwise privileged information 
        acquired pursuant to a national security letter shall lose its 
        privileged character.
            (4) Lawful purposes.--No information acquired pursuant to a 
        national security letter may be used or disclosed by officers 
        or employees of the United States except for lawful purposes.

SEC. 7. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 180 
days after the date of the enactment of this Act.
                                 <all>