[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1469 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1469

  To amend the Foreign Intelligence Surveillance Act of 1978 and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 23, 2015

 Mrs. Feinstein (for herself, Mr. King, and Mr. Whitehouse) 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 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``FISA Reform Act of 
2015''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 
                            1978.
                 TITLE I--FISA BUSINESS RECORDS REFORMS

Sec. 101. Additional requirements for call detail records.
Sec. 102. Emergency authority.
Sec. 103. Prohibition on bulk collection of tangible things.
Sec. 104. Judicial review of minimization procedures for the production 
                            of tangible things.
Sec. 105. Liability protection.
Sec. 106. Compensation for assistance.
Sec. 107. Definitions.
Sec. 108. Effective date.
Sec. 109. Rule of construction.
      TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

Sec. 201. Prohibition on bulk collection.
Sec. 202. Privacy procedures.
               TITLE III--NATIONAL SECURITY LETTER REFORM

Sec. 301. Prohibition on bulk collection.
         TITLE IV--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

Sec. 401. Additional reporting on orders requiring production of 
                            business records; business records 
                            compliance reports to Congress.
Sec. 402. Consolidation of congressional oversight provisions.
Sec. 403. Submission of reports.
                       TITLE V--OTHER PROVISIONS

Sec. 501. Unauthorized Disclosure or Removal of Certain Classified 
                            Information.
Sec. 502. Appointment of amicus curiae.
Sec. 503. Emergencies involving non-United States persons.
Sec. 504. Periodic review of intelligence community procedures for the 
                            acquisition, retention, and dissemination 
                            of intelligence.
Sec. 505. Preservation of treatment of non-United States persons 
                            traveling outside United States as agents 
                            of foreign powers.
Sec. 506. Improvement to investigations of international proliferation 
                            of weapons of mass destruction.
Sec. 507. Sunset of access to business records, authority for roving 
                            surveillance, and individual terrorists as 
                            agents of foreign powers.
Sec. 508. Restoration of authority for access to business records, 
                            roving surveillance, and individual 
                            terrorists as agents of foreign powers.

SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 
              1978.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).

                 TITLE I--FISA BUSINESS RECORDS REFORMS

SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.

    (a) Application.--Section 501(b) (50 U.S.C. 1861(b)) is amended--
            (1) in paragraph (1)(B), by striking ``and'' at the end;
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``a statement'' and inserting ``in the 
                        case of an application other than an 
                        application described in subparagraph (C) 
                        (including an application for the production of 
                        call detail records other than in the manner 
                        described in subparagraph (C)), a statement''; 
                        and
                            (ii) in clause (iii), by striking ``and'' 
                        at the end;
                    (B) by redesignating subparagraphs (A) and (B) as 
                subparagraphs (B) and (D), respectively; and
                    (C) by inserting after subparagraph (B) (as so 
                redesignated) the following new subparagraph:
                    ``(C)(i) in the case of an application for the 
                production on an ongoing basis of call detail records 
                created before, on, or after the date of the 
                application relating to an authorized investigation 
                (other than a threat assessment) conducted in 
                accordance with subsection (a)(2) to protect against 
                international terrorism a statement of facts showing 
                that--
                            ``(I) there are reasonable grounds to 
                        believe that the call detail records sought to 
                        be produced based on the specific selection 
                        term required under subparagraph (A) are 
                        relevant to such investigation; and
                            ``(II) there is a reasonable, articulable 
                        suspicion that such specific selection term is 
                        associated with a foreign power or an agent of 
                        a foreign power or an individual engaged in 
                        international terrorism or activities in 
                        preparation therefor;'' and
            (3) by adding at the end the following:
            ``(3) may include a request for an order that requires each 
        recipient of the order under this section to retain the call 
        detail records for up to 24 months from the date the call 
        detail record was initially generated--
                    ``(A) if the request includes a certification made 
                by the Director of the Federal Bureau of Investigation 
                that the Government has reason to believe that the 
                recipient of the order being applied for is not 
                retaining call detail records for a period of up to 24 
                months and that the absence of call detail records for 
                that period of time is resulting in, or is reasonably 
                likely to result in, the loss of foreign intelligence 
                information relevant to an authorized investigation; 
                and
                    ``(B) if the order provides that call detail 
                records retained solely for purposes of complying with 
                an order under this section may only be produced 
                pursuant to an order under this section.''.
    (b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended--
            (1) in subparagraph (D), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (E), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) in the case of an application described in 
                subsection (b)(2)(C), shall--
                            ``(i) authorize the production on a daily 
                        basis of call detail records for a period not 
                        to exceed 180 days;
                            ``(ii) provide that an order for such 
                        production may be extended upon application 
                        under subsection (b) and the judicial finding 
                        under paragraph (1);
                            ``(iii) provide that the Government may 
                        require the prompt production of a first set of 
                        call detail records using the specific 
                        selection term that satisfies the standard 
                        required under subsection (b)(2)(C)(ii);
                            ``(iv) provide that the Government may 
                        require the prompt production of a second set 
                        of call detail records using session-
                        identifying information or a telephone calling 
                        card number identified by the specific 
                        selection term used to produce call detail 
                        records under clause (iii);
                            ``(v) provide that, when produced, such 
                        records be in a form that will be useful to the 
                        Government;
                            ``(vi) direct each person the Government 
                        directs to produce call detail records under 
                        the order to furnish the Government forthwith 
                        all information, facilities, or technical 
                        assistance necessary to accomplish the 
                        production in such a manner as will protect the 
                        secrecy of the production and produce a minimum 
                        of interference with the services that such 
                        person is providing to each subject of the 
                        production; and
                            ``(vii) shall direct the Government to--
                                    ``(I) adopt minimization procedures 
                                that require the prompt destruction of 
                                all call detail records produced under 
                                the order that the Government 
                                determines are not foreign intelligence 
                                information; and
                                    ``(II) destroy all call detail 
                                records produced under the order as 
                                prescribed by such procedures.''.

SEC. 102. EMERGENCY AUTHORITY.

    (a) Authority.--Section 501 (50 U.S.C. 1861) is amended by adding 
at the end the following new subsection:
    ``(i) Emergency Authority for Production of Tangible Things.--
            ``(1) Notwithstanding any other provision of this section, 
        the Attorney General may require the emergency production of 
        tangible things if the Attorney General--
                    ``(A) reasonably determines that an emergency 
                situation requires the production of tangible things 
                before an order authorizing such production can with 
                due diligence be obtained;
                    ``(B) reasonably determines that the factual basis 
                for the issuance of an order under this section to 
                approve such production of tangible things exists;
                    ``(C) informs, either personally or through a 
                designee, a judge having jurisdiction under this 
                section at the time the Attorney General requires the 
                emergency production of tangible things that the 
                decision has been made to employ the authority under 
                this subsection; and
                    ``(D) makes an application in accordance with this 
                section to a judge having jurisdiction under this 
                section as soon as practicable, but not later than 7 
                days after the Attorney General requires the emergency 
                production of tangible things under this subsection.
            ``(2) If the Attorney General authorizes the emergency 
        production of tangible things under paragraph (1), the Attorney 
        General shall require that the minimization procedures required 
        by this section for the issuance of a judicial order be 
        followed.
            ``(3) In the absence of a judicial order approving the 
        production of tangible things under this subsection, the 
        production shall terminate when the information sought is 
        obtained, when the application for the order is denied, or 
        after the expiration of 7 days from the time the Attorney 
        General begins requiring the emergency production of such 
        tangible things, whichever is earliest.
            ``(4) A denial of the application made under this 
        subsection may be reviewed as provided in section 103.
            ``(5) If such application for approval is denied, or in any 
        other case where the production of tangible things is 
        terminated and no order is issued approving the production, no 
        information obtained or evidence derived from such production 
        shall be received in evidence or otherwise disclosed in any 
        trial, hearing, or other proceeding in or before any court, 
        grand jury, department, office, agency, regulatory body, 
        legislative committee, or other authority of the United States, 
        a State, or political subdivision thereof, and no information 
        concerning any United States person acquired from such 
        production shall subsequently be used or disclosed in any other 
        manner by Federal officers or employees without the consent of 
        such person, except with the approval of the Attorney General 
        if the information indicates a threat of death or serious 
        bodily harm to any person.
            ``(6) The Attorney General shall assess compliance with the 
        requirements of paragraph (5).''.
    (b) Conforming Amendment.--Section 501(d) (50 U.S.C. 1861(d)) is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``pursuant to an order'' and inserting 
                ``pursuant to an order issued or an emergency 
                production required'';
                    (B) in subparagraph (A), by striking ``such 
                order;'' and inserting ``such order or such emergency 
                production;''; and
                    (C) in subparagraph (B), by striking ``the order;'' 
                and inserting ``the order or the emergency 
                production;''; and
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``an order'' 
                and inserting ``an order or emergency production''; and
                    (B) in subparagraph (B), by striking ``an order'' 
                and inserting ``an order or emergency production''.

SEC. 103. PROHIBITION ON BULK COLLECTION OF TANGIBLE THINGS.

    (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as 
amended by section 101(a) of this Act, is further amended by inserting 
before subparagraph (B), as redesignated by such section 101(a) of this 
Act, the following new subparagraph:
                    ``(A) a specific selection term to be used as the 
                basis for the production of the tangible things 
                sought;''.
    (b) Order.--Section 501(c) (50 U.S.C. 1861(c)) is amended--
            (1) in paragraph (2)(A), by striking the semicolon and 
        inserting ``, including each specific selection term to be used 
        as the basis for the production;''; and
            (2) by adding at the end the following new paragraph:
    ``(3) No order issued under this subsection may authorize the 
collection of tangible things without the use of a specific selection 
term that meets the requirements of subsection (b)(2).''.

SEC. 104. JUDICIAL REVIEW OF MINIMIZATION PROCEDURES FOR THE PRODUCTION 
              OF TANGIBLE THINGS.

    (a) Minimization Procedures.--
            (1) Judicial review.--Section 501(c)(1) (50 U.S.C. 
        1861(c)(1)) is amended by inserting after ``subsections (a) and 
        (b)'' the following: ``and that the minimization procedures 
        submitted in accordance with subsection (b)(2)(D) meet the 
        definition of minimization procedures under subsection (g)''.
            (2) Rule of construction.--Section 501(g) (50 U.S.C. 
        1861(g)) is amended by adding at the end the following new 
        paragraph:
            ``(3) Rule of construction.--Nothing in this subsection 
        shall limit the authority of the court established under 
        section 103(a) to impose additional, particularized 
        minimization procedures with regard to the production, 
        retention, or dissemination of nonpublicly available 
        information concerning unconsenting United States persons, 
        including additional, particularized procedures related to the 
        destruction of information within a reasonable time period.''.
            (3) Technical and conforming amendment.--Section 501(g)(1) 
        (50 U.S.C. 1861(g)(1)) is amended--
                    (A) by striking ``Not later than 180 days after the 
                date of the enactment of the USA PATRIOT Improvement 
                and Reauthorization Act of 2005, the'' and inserting 
                ``The''; and
                    (B) by inserting ``, and update as appropriate,'' 
                after ``adopt''.
    (b) Orders.--Section 501(f)(2) (50 U.S.C. 1861(f)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) by striking ``that order'' and inserting ``the 
                production order or any nondisclosure order imposed in 
                connection with the production order''; and
                    (B) by striking the second sentence; and
            (2) in subparagraph (C)--
                    (A) by striking clause (ii); and
                    (B) by redesignating clause (iii) as clause (ii).

SEC. 105. LIABILITY PROTECTION.

    Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:
    ``(e)(1) No cause of action shall lie in any court against a person 
who--
            ``(A) produces tangible things or provides information, 
        facilities, or technical assistance pursuant to an order issued 
        or an emergency production required under this section;
            ``(B) in good faith, retains call detail records under an 
        order pursuant to this section; or
            ``(C) otherwise provides technical assistance to the 
        Government under this section or to implement this section.
    ``(2) A production or provision of information, facilities, or 
technical assistance or the retention of call detail records described 
in paragraph (1) shall not be deemed to constitute a waiver of any 
privilege in any other proceeding or context.''.

SEC. 106. COMPENSATION FOR ASSISTANCE.

    Section 501 (50 U.S.C. 1861), as amended by section 102 of this 
Act, is further amended by adding at the end the following new 
subsection:
    ``(j) Compensation.--The Government shall compensate a person for 
reasonable expenses incurred for--
            ``(1) producing tangible things or providing information, 
        facilities, or assistance in accordance with an order issued 
        with respect to an application described in subsection 
        (b)(2)(C) or an emergency production under subsection (i) that, 
        to comply with subsection (i)(1)(D), requires an application 
        described in subsection (b)(2)(C); or
            ``(2) otherwise providing technical assistance to the 
        Government under this section or to implement this section.''.

SEC. 107. DEFINITIONS.

    (a) In General.--Title V (50 U.S.C. 1861 et seq.), is amended by 
adding at the end the following:

``SEC. 503. DEFINITIONS.

    ``In this title:
            ``(1) Call detail record.--The term `call detail record'--
                    ``(A) means session identifying information 
                (including originating or terminating telephone number, 
                International Mobile Subscriber Identity number, or 
                International Mobile Station Equipment Identity 
                number), a telephone calling card number, or the time 
                or duration of a call; and
                    ``(B) does not include--
                            ``(i) the contents of any communication (as 
                        defined in section 2510(8) of title 18, United 
                        States Code);
                            ``(ii) the name, address, or financial 
                        information of a subscriber or customer; or
                            ``(iii) cell site or global position system 
                        location information.
            ``(2) Electronic communication service.--The term 
        `electronic communication service' has the meaning given that 
        term in section 2510 of title 18, United States Code.
            ``(3) Foreign intelligence information.--The term `foreign 
        intelligence information' has the meaning given that term in 
        section 101.
            ``(4) Specific selection term.--
                    ``(A) Tangible things.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (B), a `specific selection term' 
                        is a term that specifically identifies a 
                        person, account, address, or personal device, 
                        or any other specific identifier that limits, 
                        to the greatest extent reasonably practicable, 
                        the scope of tangible things sought by the 
                        government consistent with the purpose and need 
                        to obtain foreign intelligence information.
                            ``(ii) Limitation.--A `specific selection 
                        term' shall not permit the bulk or 
                        indiscriminate collection of tangible things, 
                        such as by solely identifying an electronic 
                        communication service provider or a provider of 
                        remote computing service, unless the provider 
                        is itself a subject of an authorized 
                        investigation, or by solely identifying a broad 
                        domestic geographic region, including the 
                        United States, a State, city, county, zip code, 
                        or area code when not used as part of a 
                        specific identifier as described in clause (i).
                            ``(iii) Rule of construction.--Nothing in 
                        this paragraph shall be construed to preclude 
                        the use of multiple terms or identifiers to 
                        meet the requirements of clause (i).
                    ``(B) Call detail record applications.--For 
                purposes of an application submitted under subsection 
                (b)(2)(C), the term `specific selection term' means a 
                term that specifically identifies an individual, 
                account, or personal device.''.
    (b) Table of Contents Amendment.--The table of contents in the 
first section is amended by adding after the item relating to section 
503, as added by section 107(b), the following:

``Sec. 503. Definitions.''.

SEC. 108. EFFECTIVE DATE.

    (a) Effective Date.--The amendments made by sections 101 through 
107 shall take effect no later than the date that is 1 year after the 
date of the enactment of this Act as follows:
            (1) In general.--The amendments made by sections 101 
        through 107 shall take effect on the date that is 180 days 
        after the date of the enactment of this Act unless the 
        President certifies to the appropriate committees of Congress 
        that the transition from the existing procedures for the 
        production of business records under title V of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.), 
        as in effect prior to the effective date for the amendments 
        made by section 101 through 107, to the new procedures, as 
        amended by sections 101 through 107, is not sufficiently 
        operational to allow the timely retrieval of foreign 
        intelligence information from recipients of an order under 
        section 501 of such Act.
            (2) Extension for certification.--If the President makes a 
        certification described in paragraph (1), the amendment made by 
        sections 101 through 107 shall take effect on the date, that 
        may be up to 1 year after the date of the enactment of this 
        Act, that the President determines that the transition referred 
        to in such paragraph is sufficiently operational to allow the 
        timely retrieval of foreign intelligence information from 
        recipients of an order under section 501 of such Act.
            (3) Limitation on transition period.--If the President 
        makes a certification under paragraph (1) and does not 
        determine an effective date under paragraph (2), the amendments 
        made by sections 101 through 107 shall take effect on the date 
        that is 1 year after the date of the enactment of this Act.
    (b) No Effect on Prior Authority.--Nothing in this Act, or any 
amendment made by this Act, shall be construed to alter or eliminate 
the authority of the Government to obtain an order under title V of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) 
as in effect on May 31, 2015, during the period ending on such 
effective date.
    (c) Transition.--
            (1) Orders in effect on may 31, 2015.--Notwithstanding any 
        other provision of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1801 et seq.) or this Act or any amendment made 
        by this Act, any order issued or made under title V of the 
        Foreign Intelligence Surveillance Act of 1978 and in effect on 
        May 31, 2015, shall continue in effect until the date of the 
        expiration of such order.
            (2) Continued applicability.--Notwithstanding any other 
        provision of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1801 et seq.) or this Act or any amendment made by 
        this Act, the order entered by the court established under 
        section 103(a) of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1803(a)) on February 26, 2015, in Docket No. BR 
        15-24, may be extended by order of that court until the 
        effective date established in subsection (a).
            (3) Use of information.--
                    (A) In general.--Information acquired from the call 
                detail records pursuant to an order issued under 
                section 501 of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1861) prior to the effective 
                date in subsection (a) may continue to be used after 
                the effective date of this Act, subject to the 
                limitation in subparagraph (B).
                    (B) Destruction of information.--Any record 
                produced under any order entered by the court 
                established under section 103(a) of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 
                1803(a)) on February 26 2015, in Docket No. BR 15-24, 
                or any predecessor order for such an order shall be 
                destroyed no later than 5 years after the date such 
                record was initially collected. Until that time, such a 
                record may be used in accordance with the purpose 
                prescribed and the procedures established in such 
                order.
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on the Judiciary and the Select Committee 
        on Intelligence of the Senate; and
            (2) the Committee on the Judiciary and the Permanent Select 
        Committee on Intelligence of the House of Representatives

SEC. 109. RULE OF CONSTRUCTION.

    Nothing in this Act, or any amendment made by this Act, shall be 
construed to authorize the production of the contents (as such term is 
defined in section 2510(8) of title 18, United States Code) of any 
electronic communication from an electronic communication service 
provider (as such term is defined in section 701(b)(4) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(b)(4)) under 
title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861 et seq.).

      TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

SEC. 201. PROHIBITION ON BULK COLLECTION.

    (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended--
            (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following new paragraph:
            ``(3) a specific selection term to be used as the basis for 
        the use of the pen register or trap and trace device is to be 
        attached or applied; and''.
    (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding 
at the end the following new paragraph:
            ``(4) The term `specific selection term' has the meaning 
        given the term in section 504.''.

SEC. 202. PRIVACY PROCEDURES.

    (a) In General.--Section 402 (50 U.S.C. 1842) is amended by adding 
at the end the following new subsection:
    ``(h) Privacy Procedures.--
            ``(1) In general.--The Attorney General shall ensure that 
        appropriate policies and procedures are in place to safeguard 
        nonpublicly available information concerning United States 
        persons that is collected through the use of a pen register or 
        trap and trace device installed under this section. Such 
        policies and procedures shall, to the maximum extent 
        practicable and consistent with the need to protect national 
        security, include protections for the collection, retention, 
        and use of information concerning United States persons.
            ``(2) Rule of construction.--Nothing in this subsection 
        shall be construed to limit the authority of the court 
        established under section 103(a) or of the Attorney General to 
        impose additional privacy or minimization procedures with 
        regard to the installation or use of a pen register or trap and 
        trace device.''.
    (b) Emergency Authority.--Section 403 (50 U.S.C. 1843) is amended 
by adding at the end the following new subsection:
    ``(d) Privacy Procedures.--Information collected through the use of 
a pen register or trap and device installed under this section shall be 
subject to the policies and procedures required under section 
402(h).''.

               TITLE III--NATIONAL SECURITY LETTER REFORM

SEC. 301. PROHIBITION ON BULK COLLECTION.

    (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709(b) of title 18, United States Code, is amended 
in the matter preceding paragraph (1) by striking ``may--'' and 
inserting ``may, using a term that specifically identifies a person, 
entity, telephone number, or account as the basis for a request--''.
    (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114(a)(2) of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the 
period and inserting ``and term that specifically identifies a 
customer, entity, or account to be used as the basis for the production 
and disclosure of financial records.''.
    (c) Disclosures to FBI of Certain Consumer Records for 
Counterintelligence Purposes.--Section 626 of the Fair Credit Reporting 
Act (15 U.S.C. 1681u) is amended--
            (1) in subsection (a), by striking ``that information,'' 
        and inserting ``extent that information that includes a term 
        that specifically identifies a consumer or account to be used 
        as the basis for the production of that information,'';
            (2) in subsection (b), by striking ``written request,'' and 
        inserting ``written request that includes a term that 
        specifically identifies a consumer or account to be used as the 
        basis for the production of that information,''; and
            (3) in subsection (c), by inserting ``, which shall include 
        a term that specifically identifies a consumer or account to be 
        used as the basis for the production of the information,'' 
        after ``issue an order ex parte''.
    (d) Disclosures to Governmental Agencies for Counterterrorism 
Purposes of Consumer Reports.--Section 627(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681v(a)) is amended by striking ``analysis.'' 
and inserting ``analysis and that includes a term that specifically 
identifies a consumer or account to be used as the basis for the 
production of such information.''.

         TITLE IV--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

SEC. 401. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF 
              BUSINESS RECORDS; BUSINESS RECORDS COMPLIANCE REPORTS TO 
              CONGRESS.

    Section 502(b) (50 U.S.C. 1862(b)) is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (6), (7), and (8), respectively; and
            (2) by inserting before paragraph (6) (as so redesignated) 
        the following new paragraphs:
            ``(1) a summary of all compliance reviews conducted by the 
        Government for the production of tangible things under section 
        501;
            ``(2) the total number of applications described in section 
        501(b)(2)(B) made for orders approving requests for the 
        production of tangible things;
            ``(3) the total number of such orders either granted, 
        modified, or denied;
            ``(4) the total number of applications described in section 
        501(b)(2)(C) made for orders approving requests for the 
        production of call detail records;
            ``(5) the total number of such orders either granted, 
        modified, or denied;''.

SEC. 402. CONSOLIDATION OF CONGRESSIONAL OVERSIGHT PROVISIONS.

    (a) Repeal of Congressional Oversight Provisions.--
            (1) Repeal.--The Foreign Intelligence Surveillance Act of 
        1978 is amended by striking sections 107, 108, 306, and 406 (50 
        U.S.C. 1807, 1808, 1826, and 1846).
            (2) Table of contents amendment.--The table of contents in 
        the first section is amended by striking the items relating to 
        sections 107, 108, 306, and 406.
    (b) Reporting Requirements and Congressional Oversight.--
            (1) In general.--Title VI (50 U.S.C. 1871) is amended by 
        striking section 601 and inserting the following:

``SEC. 601. DEFINITIONS.

    ``In this title:
            ``(1) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the Select Committee on Intelligence and the 
                Committee on the Judiciary of the Senate; and
                    ``(B) the Permanent Select Committee on 
                Intelligence and the Committee on the Judiciary of the 
                House of Representatives.
            ``(2) Electronic surveillance.--The term `electronic 
        surveillance' has the meaning given that term in section 101 of 
        this Act.
            ``(3) Foreign intelligence surveillance court.--The term 
        `Foreign Intelligence Surveillance Court' means the court 
        established under section 103(a) of this Act.
            ``(4) Foreign intelligence surveillance court of review.--
        The term `Foreign Intelligence Surveillance Court of Review' 
        means the court established under section 103(b) of this Act.
            ``(5) Pen register.--The term `pen register' has the 
        meaning given that term in section 401 of this Act.
            ``(6) Physical search.--The term `physical search' has the 
        meaning given that term in section 301 of this Act.
            ``(7) Trap and trace device.--The term `trap and trace 
        device' has the meaning given that term in section 401 of this 
        Act.
            ``(8) United states person.--The term `United States 
        person' has the meaning given that term in section 101 of this 
        Act.

``SEC. 602. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.

    ``(a) In General.--
            ``(1) Information.--On a semiannual basis, the Attorney 
        General shall submit to the appropriate committees of Congress 
        a report pursuant to paragraph (2) concerning all electronic 
        surveillance, physical searches, and uses of pen registers and 
        trap and trace devices conducted under this Act.
            ``(2) Report.--The report required by paragraph (1) shall 
        include the following:
                    ``(A) Electronic surveillance.--The total number 
                of--
                            ``(i) applications made for orders 
                        approving electronic surveillance under this 
                        Act;
                            ``(ii) such orders either granted, 
                        modified, or denied;
                            ``(iii) proposed applications for orders 
                        for electronic surveillance submitted pursuant 
                        to Rule 9(a) of the Rules of Procedure for the 
                        Foreign Intelligence Surveillance Court, or any 
                        successor rule, that are not formally presented 
                        in the form of a final application under Rule 
                        9(b) of the Rules of Procedure for the Foreign 
                        Intelligence Surveillance Court, or any 
                        successor rule;
                            ``(iv) named United States person targets 
                        of electronic surveillance;
                            ``(v) emergency authorizations of 
                        electronic surveillance granted under this Act 
                        and the total number of subsequent orders 
                        approving or denying such electronic 
                        surveillance; and
                            ``(vi) new compliance incidents arising 
                        from electronic surveillance under this Act.
                    ``(B) Physical searches.--The total number of--
                            ``(i) applications made for orders 
                        approving physical search under this Act;
                            ``(ii) such orders either granted, 
                        modified, or denied;
                            ``(iii) proposed applications for orders 
                        for physical searches submitted pursuant to 
                        Rule 9(a) of the Rules of Procedure for the 
                        Foreign Intelligence Surveillance Court, or any 
                        successor rule, that are not formally presented 
                        in the form of a final application under Rule 
                        9(b) of the Rules of Procedure for the Foreign 
                        Intelligence Surveillance Court, or any 
                        successor rule;
                            ``(iv) named United States person targets 
                        of physical searches;
                            ``(v) emergency authorizations of physical 
                        searches granted under this Act and the total 
                        number of subsequent orders approving or 
                        denying such physical searches; and
                            ``(vi) new compliance incidents arising 
                        from physical searches under this Act.
                    ``(C) Pen register and trap and trace devices.--The 
                total number of--
                            ``(i) applications made for orders 
                        approving the use of pen registers or trap and 
                        trace devices under this Act;
                            ``(ii) such orders either granted, 
                        modified, or denied;
                            ``(iii) proposed applications for orders 
                        for pen registers or trap and trace devices 
                        submitted pursuant to Rule 9(a) of the Rules of 
                        Procedure for the Foreign Intelligence 
                        Surveillance Court, or any successor rule, that 
                        are not formally presented in the form of a 
                        final application under Rule 9(b) of the Rules 
                        of Procedure for the Foreign Intelligence 
                        Surveillance Court, or any successor rule;
                            ``(iv) named United States person targets 
                        of pen registers or trap and trace devices;
                            ``(v) emergency authorizations of the use 
                        of pen registers or trap and trace devices 
                        granted under this Act and the total number of 
                        subsequent orders approving or denying such use 
                        of pen registers or trap and trace devices; and
                            ``(vi) new compliance incidents arising 
                        from the use of pen registers or trap and trace 
                        devices under this Act.
                    ``(D) Compliance incidents.--A summary of each 
                compliance incident reported under subparagraphs 
                (A)(vi), (B)(vi), and (C)(vi).
                    ``(E) Significant legal interpretations.--A summary 
                of significant legal interpretations of this Act 
                involving matters before the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review, including interpretations 
                presented in applications or pleadings filed with the 
                Foreign Intelligence Surveillance Court or the Foreign 
                Intelligence Surveillance Court of Review.
    ``(b) Availability to Members of Congress.--Consistent with the 
rules and practices of the Senate and the House of Representatives, 
each report submitted pursuant to subsection (a)(2) shall be made 
available to every member of Congress, subject to appropriate 
procedures for the storage and handling of classified information.
    ``(c) Public Report.--
            ``(1) In general.--Subject to paragraph (2), the Attorney 
        General, in consultation with the Director of National 
        Intelligence, shall make available to the public an 
        unclassified annual summary of the reports submitted under 
        subsection (a) that, to the maximum extent practicable 
        consistent with the protection of classified information, 
        includes the information contained in the report submitted 
        pursuant to subsection (a)(2).
            ``(2) Minimum requirements.--In each report made available 
        to the public under paragraph (1), the Attorney General shall 
        include, at a minimum, the information required under 
        subparagraphs (A), (B), and (C) of subsection (a)(2), which may 
        be presented as annual totals.
    ``(d) Construction.--Nothing in this title may be construed to 
limit the authority and responsibility of an appropriate committee of 
Congress to obtain any information required by such committee to carry 
out its functions and duties.

``SEC. 603. AVAILABILITY OF REPORTS AND SUBMISSIONS.

    ``(a) Availability to Members of Congress.--Consistent with the 
rules and practices of the Senate and the House of Representatives, 
each submission to Congress made pursuant to section 502(b), 702(l)(1), 
or 707 shall be made available, to every member of Congress, subject to 
appropriate procedures for the storage and handling of classified 
information.
    ``(b) Public Report.--The Attorney General or the Director of 
National Intelligence, as appropriate, shall make available to the 
public unclassified reports that, to the maximum extent practicable 
consistent with the protection of classified information, include the 
information contained in each submission to Congress made pursuant to 
section 502(b), 702(l)(1), or 707.''.

``SEC. 604. PUBLIC REPORTING BY PERSONS SUBJECT TO ORDERS.

    ``(a) Reporting.--A person subject to a nondisclosure requirement 
accompanying an order or directive under this Act or a national 
security letter may, with respect to such order, directive, or national 
security letter, publicly report the following information using one of 
the following structures:
            ``(1) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply into separate categories of--
                    ``(A) the number of national security letters 
                received, reported in bands of 1000 starting with 0-
                999;
                    ``(B) the number of customer selectors targeted by 
                national security letters, reported in bands of 1000 
                starting with 0-999;
                    ``(C) the number of orders or directives received, 
                combined, under this Act for contents, reported in 
                bands of 1000 starting with 0-999;
                    ``(D) the number of customer selectors targeted 
                under orders or directives received, combined, under 
                this Act for contents reported in bands of 1000 
                starting with 0-999;
                    ``(E) the number of orders received under this Act 
                for noncontents, reported in bands of 1000 starting 
                with 0-999; and
                    ``(F) the number of customer selectors targeted 
                under orders under this Act for noncontents, reported 
                in bands of 1000 starting with 0-999, pursuant to--
                            ``(i) title IV;
                            ``(ii) title V with respect to applications 
                        described in section 501(b)(2)(B); and
                            ``(iii) title V with respect to 
                        applications described in section 501(b)(2)(C).
            ``(2) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply into separate categories of--
                    ``(A) the number of national security letters 
                received, reported in bands of 500 starting with 0-499;
                    ``(B) the number of customer selectors targeted by 
                national security letters, reported in bands of 500 
                starting with 0-499;
                    ``(C) the number of orders or directives received, 
                combined, under this Act for contents, reported in 
                bands of 500 starting with 0-499;
                    ``(D) the number of customer selectors targeted 
                under orders or directives received, combined, under 
                this Act for contents, reported in bands of 500 
                starting with 0-499;
                    ``(E) the number of orders received under this Act 
                for noncontents, reported in bands of 500 starting with 
                0-499; and
                    ``(F) the number of customer selectors targeted 
                under orders received under this Act for noncontents, 
                reported in bands of 500 starting with 0-499.
            ``(3) A semiannual report that aggregates the number of 
        orders, directives, or national security letters with which the 
        person was required to comply in the into separate categories 
        of--
                    ``(A) the total number of all national security 
                process received, including all national security 
                letters, and orders or directives under this Act, 
                combined, reported in bands of 250 starting with 0-249; 
                and
                    ``(B) the total number of customer selectors 
                targeted under all national security process received, 
                including all national security letters, and orders or 
                directives under this Act, combined, reported in bands 
                of 250 starting with 0-249.
            ``(4) An annual report that aggregates the number of 
        orders, directives, and national security letters the person 
        was required to comply with into separate categories of--
                    ``(A) the total number of all national security 
                process received, including all national security 
                letters, and orders or directives under this Act, 
                combined, reported in bands of 100 starting with 0-99; 
                and
                    ``(B) the total number of customer selectors 
                targeted under all national security process received, 
                including all national security letters, and orders or 
                directives under this Act, combined, reported in bands 
                of 100 starting with 0-99.
    ``(b) Period of Time Covered by Reports.--
            ``(1) Reports under subsection (a)(1) or (a)(2).--A report 
        described in paragraph (1) or (2) of subsection (a) shall 
        include only information--
                    ``(A) relating to national security letters for the 
                previous 180 days; and
                    ``(B) relating to authorities under this Act for 
                the 180-day period of time ending on the date that is 
                not less than 180 days prior to the date of the 
                publication of such report, except that with respect to 
                a platform, product, or service for which a person did 
                not previously receive an order or directive (not 
                including an enhancement to or iteration of an existing 
                publicly available platform, product, or service) such 
                report shall not include any information relating to 
                such new order or directive until 540 days after the 
                date on which such new order or directive is received.
            ``(2) Reports under subsection (a)(3).--A report described 
        in paragraph (3) of subsection (a) shall include only 
        information relating to the previous 180 days.
            ``(3) Reports under subsection (a)(4).--A report described 
        in paragraph (4) of subsection (a) shall include only 
        information for the 1-year period of time ending on the date 
        that is not less than 1 year prior to the date of the 
        publication of such report.
    ``(c) Other Forms of Agreed to Publication.--Nothing in this 
section prohibits the Government and any person from jointly agreeing 
to the publication of information referred to in this subsection in a 
time, form, or manner other than as described in this section.
    ``(d) Definitions.--In this section:
            ``(1) Contents.--The term `contents' has the meaning given 
        that term under section 2510 of title 18, United States Code.
            ``(2) National security letter.--The term `national 
        security letter' has the meaning given that term under section 
        603.

``SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND OPINIONS 
              OF THE FOREIGN INTELLIGENCE SURVEILLANCE COURT AND THE 
              FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW.

    ``Not later than 45 days after the date on which the Foreign 
Intelligence Surveillance Court or the Foreign Intelligence 
Surveillance Court of Review issues a decision, order, or opinion, 
including any denial or modification of an application under this Act, 
that includes significant construction or interpretation of any 
provision of law or results in a change of application of any provision 
of this Act or a novel application of any provision of this Act, the 
Attorney General shall submit to the appropriate committees of Congress 
a copy of such decision, order, or opinion and any pleadings, 
applications, or memoranda of law associated with such decision, order, 
or opinion.''.
            (2) Conforming amendments.--
                    (A) Reporting requirements.--Section 403(b)(2)(B) 
                of the FISA Amendments Act of 2008 (50 U.S.C. 1871 
                note) is amended to read as follows:
                    ``(B) subject to section 404, section 603(a)(1) of 
                such Act is amended--
                            ``(i) in subsection (a), by striking 
                        `section 502(b), 702(l)(1), or 707' and 
                        inserting `section 502(b)'; and
                            ``(ii) in subsection (b), by striking 
                        `section 502(b), 702(l)(1), or 707.' and 
                        inserting `section 502(b).'; and''.
                    (B) Transition procedures.--Section 404(b)(4) of 
                the FISA Amendments Act of 2008 (50 U.S.C. 1801 note) 
                is amended--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) Continued applicability.--Notwithstanding any 
                other provision of this Act or of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
                et seq.), the reporting requirements of title VI of 
                such Act related to sections 702(l)(1) and 707, and 
                sections 702(l) and 707 of such Act, as added by 
                section 101(a), shall continue to apply until the date 
                that the certification described in subparagraph (B) is 
                submitted.''; and
                            (ii) by amending subparagraph (B)(iv) to 
                        read as follows:
                            ``(iv) that states that the information 
                        required to be included in a review, 
                        assessment, or report under title VI of such 
                        Act, or section 702(l) or 707 of such Act, as 
                        added by section 101(a), relating to any 
                        acquisition conducted under title VII of such 
                        Act, as amended by section 101(a), has been 
                        included in a review, assessment, or report 
                        under such title IV or section 702(l) or 
                        707.''.
            (3) Table of contents amendment.--The table of contents in 
        the first section is amended by striking the item relating to 
        section 601 and inserting the following:

``Sec. 601. Definitions.
``Sec. 602. Semiannual report of the Attorney General.
``Sec. 603. Availability of reports and submissions.
``Sec. 604. Public reporting by persons subject to orders.
``Sec. 605. Reporting requirements for decisions, orders, and opinions 
                            of the Foreign Intelligence Surveillance 
                            Court and the Foreign Intelligence 
                            Surveillance Court of Review.''.

SEC. 403. SUBMISSION OF REPORTS.

    (a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C. 
1808(a)(1)) is amended by striking ``the House Permanent Select 
Committee on Intelligence and the Senate Select Committee on 
Intelligence, and the Committee on the Judiciary of the Senate,'' and 
inserting ``the Permanent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee on the Judiciary of 
the Senate''.
    (b) Physical Searches.--The matter preceding paragraph (1) of 
section 306 (50 U.S.C. 1826) is amended--
            (1) in the first sentence, by striking ``Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Select Committee on Intelligence of the Senate, and the 
        Committee on the Judiciary of the Senate,'' and inserting 
        ``Permanent Select Committee on Intelligence and the Committee 
        on the Judiciary of the House of Representatives and the Select 
        Committee on Intelligence and the Committee on the Judiciary of 
        the Senate''; and
            (2) in the second sentence, by striking ``and the Committee 
        on the Judiciary of the House of Representatives''.
    (c) Pen Registers and Trap and Trace Devices.--Section 406(b) (50 
U.S.C. 1846(b)) is amended--
            (1) in paragraph (2), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (3), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(4) each department or agency on behalf of which the 
        Attorney General or a designated attorney for the Government 
        has made an application for an order authorizing or approving 
        the installation and use of a pen register or trap and trace 
        device under this title; and
            ``(5) for each department or agency described in paragraph 
        (4), each number described in paragraphs (1), (2), and (3).''.
    (d) Access to Certain Business Records and Other Tangible Things.--
Section 502(a) (50 U.S.C. 1862(a)) is amended by striking ``Permanent 
Select Committee on Intelligence of the House of Representatives and 
the Select Committee on Intelligence and the Committee on the Judiciary 
of the Senate'' and inserting ``Permanent Select Committee on 
Intelligence and the Committee on the Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate''.

                       TITLE V--OTHER PROVISIONS

SEC. 501. UNAUTHORIZED DISCLOSURE OR REMOVAL OF CERTAIN CLASSIFIED 
              INFORMATION.

    (a) Prohibition on Unauthorized Disclosure.--An officer, employee, 
contractor, or consultant of the United States, or an officer, 
employee, contractor, or consultant of a recipient of an order issued 
pursuant to section 501 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861) who--
            (1) knowingly comes into possession of classified 
        information or documents or materials containing classified 
        information of the United States that--
                    (A) was submitted in connection with an application 
                to the court established under section 103(a) of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1803(a));
                    (B) was submitted in connection with an order 
                approved by such court; or
                    (C) was acquired pursuant to an order or directive 
                of such court; and
            (2)(A) knowingly and willfully communicates, transmits, or 
        otherwise makes available to an unauthorized person, such 
        classified information or documents or materials; or
            (B) knowingly removes such documents or materials without 
        authority and with the intent to retain such documents or 
        materials at an unauthorized location,
shall be punished according to subsection (b).
    (b) Term of Imprisonment.--A person who violates this section shall 
be fined under title 18, United States Code, or--
            (1) for a violation of paragraph (2)(A) of subsection (a), 
        imprisoned for not more than 10 years; or
            (2) for a violation of paragraph (2)(B) of such subsection, 
        imprisoned for not more than 1 year,
or both.
    (c) Provision of Information to Congress.--For purposes of this 
section, the provision of information or documents or materials to 
Congress shall not constitute an offense under subsection (a).
    (d) Classified Information of the United States Defined.--In this 
section, the term ``classified information of the United States'' means 
information originated, owned, or possessed by the United States 
Government concerning foreign intelligence, the national defense or 
foreign relations of the United States that has been determined 
pursuant to law or Executive order to require protection against 
unauthorized disclosure in the interests of national security.

SEC. 502. APPOINTMENT OF AMICUS CURIAE.

    Section 103 (50 U.S.C. 1803) is amended by adding at the end the 
following:
    ``(i) Amicus Curiae.--
            ``(1) Authorization.--Notwithstanding any other provision 
        of law, a court established under subsection (a) or (b) is 
        authorized, consistent with the requirement of subsection (c) 
        and any other statutory requirement that the court act 
        expeditiously or within a stated time, to appoint amicus curiae 
        to assist the court in the consideration of a covered matter.
            ``(2) Definitions.--In this subsection:
                    ``(A) Appropriate committees of congress.--The term 
                `appropriate committees of Congress' means--
                            ``(i) the Committee on the Judiciary and 
                        the Select Committee on Intelligence of the 
                        Senate; and
                            ``(ii) the Committee on the Judiciary and 
                        the Permanent Select Committee on Intelligence 
                        of the House of Representatives.
                    ``(B) Covered matter.--The term `covered matter' 
                means a matter before a court established under 
                subsection (a) or (b)--
                            ``(i) that, in the opinion of such a court, 
                        presents a legal or technical issue regarding 
                        which the court's deliberations would benefit 
                        from participation by an amicus curiae; and
                            ``(ii) that pertains to--
                                    ``(I) an application for an order 
                                under this title, title III, IV, or V 
                                of this Act, or section 703 or 704 of 
                                this Act;
                                    ``(II) a review of a certification 
                                or procedures under section 702 of this 
                                Act; or
                                    ``(III) a notice of non-compliance 
                                with any such order, certification, or 
                                procedures.
            ``(3) Designation.--The courts established by subsection 
        (a) and (b) shall each designate 1 or more individuals who have 
        been determined by appropriate executive branch officials to be 
        eligible for access to classified national security 
        information, including sensitive compartmented information, who 
        may be appointed to serve as amicus curiae. In appointing an 
        amicus curiae pursuant to paragraph (1), the court may choose 
        from among those so designated.
            ``(4) Expertise.--An individual appointed as an amicus 
        curiae under paragraph (1) may be a special counsel or an 
        expert on privacy and civil liberties, intelligence collection, 
        telecommunications, or any other area that may lend legal or 
        technical expertise to the court.
            ``(5) Duties.--An amicus curiae appointed under paragraph 
        (1) to assist with the consideration of a covered matter shall 
        carry out the duties assigned by the appointing court. That 
        court may authorize, to the extent consistent with the case or 
        controversy requirements of Article III of the Constitution of 
        the United States and the national security of the United 
        States, the amicus curiae to review any application, 
        certification, petition, motion, or other submission that the 
        court determines is relevant to the duties assigned by the 
        court.
            ``(6) Notification.--A court established under subsection 
        (a) or (b) shall notify the Attorney General of each exercise 
        of the authority to appoint an amicus curiae under paragraph 
        (1).
            ``(7) Assistance.--A court established under subsection (a) 
        or (b) may request and receive (including on a non-reimbursable 
        basis) the assistance of the executive branch in the 
        implementation of this subsection.
            ``(8) Administration.--A court established under subsection 
        (a) or (b) may provide for the designation, appointment, 
        removal, training, support, or other administration of an 
        amicus curiae appointed under paragraph (1) in a manner that is 
        not inconsistent with this subsection.
            ``(9) Congressional oversight.--The Attorney General shall 
        submit to the appropriate committees of Congress an annual 
        report on the number of notices described in paragraph (6) 
        received by Attorney General for the preceding 12-month period.
    ``(j) Review of FISA Court Decisions.--Following issuance of an 
order under this Act, a court established under subsection (a) shall 
certify for review to the court established under subsection (b) any 
question of law that may affect resolution of the matter in controversy 
that the court determines warrants such review because of a need for 
uniformity or because consideration by the court established under 
subsection (b) would serve the interests of justice. Upon certification 
of a question of law under this subsection, the court established under 
subsection (b) may give binding instructions or require the entire 
record to be sent up for decision of the entire matter in controversy.
    ``(k) Review of FISA Court of Review Decisions.--
            ``(1) Certification.--For purposes of section 1254(2) of 
        title 28, United States Code, the court of review established 
        under subsection (b) shall be considered to be a court of 
        appeals.
            ``(2) Amicus curiae briefing.--Upon certification of an 
        application under paragraph (1), the Supreme Court of the 
        United States may appoint an amicus curiae designated under 
        subsection (i)(3), or any other person, to provide briefing or 
        other assistance.''.

SEC. 503. EMERGENCIES INVOLVING NON-UNITED STATES PERSONS.

    (a) In General.--Section 105 (50 U.S.C. 1805) is amended--
            (1) by redesignating subsections (f), (g), (h), and (i) as 
        subsections (g), (h), (i), and (j), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f)(1) Notwithstanding any other provision of this Act, the 
lawfully authorized targeting of a non-United States person previously 
believed to be located outside the United States for the acquisition of 
foreign intelligence information may continue for a period not to 
exceed 72 hours from the time that the non-United States person is 
reasonably believed to be located inside the United States and the 
acquisition is subject to this title or to title III of this Act, 
provided that the head of an element of the intelligence community--
            ``(A) determines--
                    ``(i) that there exists an exigent circumstance; 
                and
                    ``(ii) there is reason to believe that the target 
                of the acquisition has communicated or received or will 
                communicate or receive foreign intelligence information 
                relevant to the exigent circumstance;
            ``(B) promptly notifies the Attorney General of a 
        determination under subparagraph (A); and
            ``(C) requests, as soon as practicable, the employment of 
        emergency electronic surveillance under subsection (e) or the 
        employment of an emergency physical search pursuant to section 
        304(e), as warranted.
    ``(2) The authority under this subsection to continue the 
acquisition of foreign intelligence information is limited to a period 
not to exceed 72 hours and shall cease upon the earlier of the 
following:
            ``(A) The employment of emergency electronic surveillance 
        under subsection (e) or the employment of an emergency physical 
        search pursuant to section 304(e).
            ``(B) An issuance of a court order under this title or 
        title III of this Act.
            ``(C) The Attorney General provides direction that the 
        acquisition be terminated.
            ``(D) The head of the element of the intelligence community 
        conducting the acquisition determines that a request under 
        paragraph (1)(C) is not warranted.
            ``(E) When the threat of death or serious bodily harm to 
        any person is no longer reasonably believed to exist.
    ``(3) Nonpublicly available information concerning unconsenting 
United States persons acquired under this subsection shall not be 
disseminated during the 72 hour time period under paragraph (1) unless 
necessary to investigate, reduce, or eliminate the threat of death or 
serious bodily harm to any person.
    ``(4) If the Attorney General declines to authorize the employment 
of emergency electronic surveillance under subsection (e) or the 
employment of an emergency physical search pursuant to section 304(e), 
or a court order is not obtained under this title or title III of this 
Act, information obtained during the 72 hour acquisition time period 
under paragraph (1) shall not be retained, except with the approval of 
the Attorney General if the information indicates a threat of death or 
serious bodily harm to any person.
    ``(5) Paragraphs (5) and (6) of subsection (e) shall apply to this 
subsection.''.
    (b) Notification of Emergency Employment of Electronic 
Surveillance.--Section 106(j) (50 U.S.C. 1806(j)) is amended by 
striking ``section 105(e)'' and inserting ``subsection (e) or (f) of 
section 105''.

SEC. 504. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY PROCEDURES FOR THE 
              ACQUISITION, RETENTION, AND DISSEMINATION OF 
              INTELLIGENCE.

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

``SEC. 511. PERIODIC REVIEW OF INTELLIGENCE COMMUNITY PROCEDURES FOR 
              THE ACQUISITION, RETENTION, AND DISSEMINATION OF 
              INTELLIGENCE.

    ``(a) Head of an Element of the Intelligence Community Defined.--In 
this section, the term `head of an element of the intelligence 
community' means, as appropriate--
            ``(1) the head of an element of the intelligence community; 
        or
            ``(2) the head of the department or agency containing such 
        element.
    ``(b) Review of Procedures Approved by the Attorney General.--
            ``(1) Requirement for immediate review.--Each head of an 
        element of the intelligence community that has not obtained the 
        approval of the Attorney General for the procedures, in their 
        entirety, required by section 2.3 of Executive Order 12333 (50 
        U.S.C. 3001 note) within 5 years prior to the date of the 
        enactment of the FISA Reform Act of 2015, shall initiate, not 
        later than 180 days after such date of enactment, a review of 
        the procedures for such element, in accordance with paragraph 
        (3).
            ``(2) Requirement for review.--Not less frequently than 
        once every 5 years, each head of an element of the intelligence 
        community shall conduct a review of the procedures approved by 
        the Attorney General for such element that are required by 
        section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or 
        any successor order, in accordance with paragraph (3).
            ``(3) Requirements for reviews.--In coordination with the 
        Director of National Intelligence and the Attorney General, the 
        head of an element of the intelligence community required to 
        perform a review under paragraphs (1) or (2) shall--
                    ``(A) review existing procedures for such element 
                that are required by section 2.3 of Executive Order 
                12333 (50 U.S.C. 3001 note), or any successor order, to 
                assess whether--
                            ``(i) advances in communications or other 
                        technologies since the time the procedures were 
                        most recently approved by the Attorney General 
                        have affected the privacy protections that the 
                        procedures afford to United States persons, to 
                        include the protections afforded to United 
                        States persons whose nonpublic communications 
                        are incidentally acquired by an element of the 
                        intelligence community; or
                            ``(ii) aspects of the existing procedures 
                        impair the acquisition, retention, or 
                        dissemination of timely, accurate, and 
                        insightful information about the activities, 
                        capabilities, plans, and intentions of foreign 
                        powers, organization, and persons, and their 
                        agents; and
                    ``(B) propose any modifications to existing 
                procedures for such element in order to--
                            ``(i) clarify the guidance such procedures 
                        afford to officials responsible for the 
                        acquisition, retention, and dissemination of 
                        intelligence;
                            ``(ii) eliminate unnecessary impediments to 
                        the acquisition, retention, and dissemination 
                        of intelligence; or
                            ``(iii) ensure appropriate protections for 
                        the privacy of United States persons and 
                        persons located inside the United States.
            ``(4) Notice.--The Director of National Intelligence and 
        the Attorney General shall notify the congressional 
        intelligence committees following the completion of each review 
        required under this section.
            ``(5) Requirement to provide procedures.--Upon the 
        implementation of any modifications to procedures required by 
        section 2.3 of Executive Order 12333 (50 U.S.C. 3001 note), or 
        any successor order, the head of the element of the 
        intelligence community to which the modified procedures apply 
        shall promptly provide a copy of the modified procedures to the 
        congressional intelligence committees.''.
    (b) Clerical Amendment.--The table of sections in the first section 
of the National Security Act of 1947 is amended by adding after the 
section relating to section 510 the following:

``Sec. 511. Periodic review of intelligence community procedures for 
                            the acquisition, retention, and 
                            dissemination of intelligence.''.

SEC. 505. PRESERVATION OF TREATMENT OF NON-UNITED STATES PERSONS 
              TRAVELING OUTSIDE UNITED STATES AS AGENTS OF FOREIGN 
              POWERS.

    Section 101(b)(1) (50 U.S.C. 1801(b)(1)) is amended--
            (1) in subparagraph (A), by inserting before the semicolon 
        at the end the following: ``, irrespective of whether the 
        person is inside the United States''; and
            (2) in subparagraph (B)--
                    (A) by striking ``of such person's presence in the 
                United States''; and
                    (B) by striking ``such activities in the United 
                States'' and inserting ``such activities''.

SEC. 506. IMPROVEMENT TO INVESTIGATIONS OF INTERNATIONAL PROLIFERATION 
              OF WEAPONS OF MASS DESTRUCTION.

    Section 101(b)(1) (50 U.S.C. 1801(b)(1)), as amended by section 
506, is further amended by striking subparagraph (E) and inserting the 
following:
                    ``(E) engages in the international proliferation of 
                weapons of mass destruction, or activities in 
                preparation therefor, for or on behalf of a foreign 
                power, or knowingly aids or abets any person in the 
                conduct of such proliferation or activities in 
                preparation therefor, or knowingly conspires with any 
                person to engage in such proliferation or activities in 
                preparation therefor; or''.

SEC. 507. SUNSET OF ACCESS TO BUSINESS RECORDS, AUTHORITY FOR ROVING 
              SURVEILLANCE, AND INDIVIDUAL TERRORISTS AS AGENTS OF 
              FOREIGN POWERS.

    (a) Access to Business Records and Authority for Roving 
Surveillance.--Section 102(b)(1) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by 
striking ``June 1, 2015'' and inserting ``December 15, 2019''.
    (b) Individual Terrorist as Agents of Foreign Powers.--Section 
6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 
2004 (50 U.S.C. 1801 note) is amended by striking ``June 1, 2015'' and 
inserting ``December 15, 2019''.

SEC. 508. RESTORATION OF AUTHORITY FOR ACCESS TO BUSINESS RECORDS, 
              ROVING SURVEILLANCE, AND INDIVIDUAL TERRORISTS AS AGENTS 
              OF FOREIGN POWERS.

    Effective on the date of the enactment of this Act, sections 
101(b)(1)(C), 105(c)(2), 501, and 502 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)(C), 1805(c)(2), 1861, 
and 1862 ) are amended to read as each such section read on May 31, 
2015.
                                 <all>