[Congressional Record Volume 159, Number 91 (Monday, June 24, 2013)]
[Senate]
[Pages S5019-S5027]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LEAHY (for himself, Mr. Lee, Mr. Udall of Colorado, Mr. 
        Wyden, Mr. Blumenthal, and Mr. Tester):
  S. 1215. A bill to strengthen privacy protections, accountability, 
and oversight related to domestic surveillance conducted pursuant to 
the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of 
1978; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, for more than a decade the government's 
ability and authority to gather information and electronic 
communications data about those suspected of, or connected to, 
potential terrorists has greatly increased. You only need to read the 
newspaper or listen to the news in order to realize how extraordinary 
this expansion has been. As an American, I believe that if the 
government is going to have such powerful authorities, it should only 
be if there is proper oversight, accountability, and transparency. We 
have to ensure that we maintain both our Nation's security and the 
fundamental civil liberties upon which our Nation was founded.
  I have long been troubled by the expansive nature and scope of the 
USA PATRIOT Act and the FISA Amendments Act. There is not enough 
oversight and ability for Americans to know what their government is 
doing and be able to get into the debate of whether they want their 
government to do this. That is why I have consistently fought to 
include strong protections for the privacy rights and civil liberties 
of American citizens, as well as sunsets to help ensure proper 
congressional oversight. Nothing focuses oversight like knowing a law 
is about to come to an end. So I will introduce at the end of my 
remarks, along with a bipartisan group of Senators, the FISA 
Accountability and Privacy Protection Act of 2013.
  In fact, those of us who are introducing this legislation go across 
the political spectrum. This is not a partisan issue--this is an 
American issue. This is an issue about wanting to know what our 
government is doing and why. As Americans, we have the right to know 
what our government does and why.
  In each of the last two Congresses, I introduced legislation to 
improve and reform the powerful law enforcement tools of the USA 
PATRIOT Act while at the same time increasing judicial oversight, 
public accountability, and transparency. Both those bills were reported 
favorably by the Judiciary Committee with bipartisan support, but 
Congress ultimately decided to extend all of these authorities, without 
any modifications or improvements, until 2015.
  Likewise, when Congress considered reauthorizing the FISA Amendments 
Act last year, I pushed for a shorter sunset, greater transparency for 
the American people, and better oversight. I regret the Senate rejected 
these efforts to apply stricter oversight over these sweeping 
authorities.
  The recent public revelations about two classified data collection 
programs have brought renewed attention to the government's broad 
surveillance authorities, but they also underscore the need for close 
scrutiny by Congress. The Director of National Intelligence has 
acknowledged that they are being conducted pursuant to section 215 of 
the USA PATRIOT Act and section 702 of the FISA Amendments Act.
  We have also raised questions about lax oversight by the National 
Security Agency, when a 29-year-old contract employee can walk off with 
huge amounts of data without being stopped. It is not enough for the 
National Security Agency to come here and say that they are doing this 
to protect the country. I want them to protect the things they are 
already holding. So the comprehensive legislation I am introducing 
today will not only improve the privacy protections and accountability 
provisions associated with these authorities, but it is going to 
strengthen oversight and transparency provisions in other parts of the 
USA PATRIOT Act.
  In recent days, much attention has been rightly focused on section 
215 of the PATRIOT Act and the bulk collection of phone call metadata 
by the National Security Agency and their inability to keep that from 
being stolen by a 29-year-old contract worker.
  This measure will narrow the scope of section 215 orders by requiring 
the government to show both relevance to an authorized investigation 
and a link to a foreign group or power.
  The bill also adds more meaningful judicial review of section 215 
orders but strikes the one-year waiting period before a recipient can 
challenge a nondisclosure order for section 215 orders. Now the order 
comes in and you are told you can't talk about it. No matter whether it 
damages your business, your relations, or people you are supposed to 
protect, you can't talk about it for one year. That is a broad 
generalization of what the nondisclosure orders are. I think those 
orders should be changed. I think when we have these kinds of ``gag 
orders'' on Americans, you are going into a very dangerous area.
  Moreover, this measure would require court review of minimization 
procedures when information concerning a U.S. person is acquired, 
retained, or disseminated pursuant to a section 215 order. This is a 
commonsense oversight requirement already required for other FISA 
authorities such as wiretaps, physical searches, pen register and trap 
and trace devices.
  As I likened it before, we all understand that if a law enforcement 
agency gets a search warrant to go into your home and search for 
things, you usually know about it and are able to question that 
authority. Now if they are collecting things electronically, you don't 
know about it, you don't know what this is doing to your reputation, to 
your work, or anything else. We have to have more accountability.

  The FISA Accountability and Privacy Protection Act will also reform 
and improve other authorities contained in the PATRIOT Act that, while

[[Page S5020]]

perhaps not a topic of recent public debate--and I will not go into 
some of those aspects here on the floor, also significantly impact the 
privacy rights of Americans.
  Some of the things we can talk about, things such as national 
security letters, so-called NSLs, are used extensively by law 
enforcement and the intelligence community. They can be issued without 
the approval of a court, a grand jury, or a prosecutor. Most Americans 
would be amazed to know that authority exists. Frankly, in a State such 
as mine where people value their privacy, I think most Vermonters would 
be really concerned about it.
  I propose applying a new sunset to the NSL authority. That would 
require Congress to look at it again and come up with a better idea, or 
it would end right there. I have long been concerned about the broad 
scope of these secret requests and the potential for expansive 
collection of sensitive information without appropriate limitations and 
a sunset provision would help to ensure proper accountability.
  Just because we can go out and gather all of this information on 
Americans, often doing it secretly, doesn't mean we should. Some of us 
enjoy our privacy. Some of us like to think we are innocent unless 
proven guilty.
  My bill would also address constitutional deficiencies regarding the 
nondisclosure or ``gag orders'' by finally allowing individuals to 
challenge these orders in court. You grow up hearing from everybody, 
Well, you can have your day in court. Actually, you don't get your day 
in court with these ``gag orders.''
  The bill would also expand public reporting on the use of NSLs and 
FISA authorities, including an unclassified report on the impact of the 
use of these authorities on the privacy of U.S. persons. I have heard a 
great deal in the last few weeks from people not only in Vermont but 
elsewhere asking, Can't we have a report the American people can see--
not just those of us like myself who have access to classified 
material, but have an unclassified report on the impact of the use of 
these authorities on the privacy of Americans?
  My bill will also address shortcomings in the FISA Amendments Act and 
apply improvements that I sought during last year's reauthorization 
debate in the Senate. The existing December 2017 sunset would be 
shortened to June 2015 to focus attention and ensure timely 
reexamination of how these authorities are being utilized.
  The June 2015 sunset will also align with the PATRIOT Act sunset, 
allowing Congress--and in fact requiring Congress--to address all of 
these provisions at once, rather than a little piece here and a little 
piece there. This legislation will also increase accountability by 
clarifying the scope of annual reviews currently required by law 
extends to all agencies that have a role in developing targeting and 
so-called minimization procedures.
  Finally--and I think this is extremely important--the bill seeks to 
increase oversight by requiring the Inspector General of the 
Intelligence Community to conduct a comprehensive review of the FISA 
Amendments Act and its impact on the privacy rights of all Americans.
  These are commonsense, practical improvements to ensure that the 
broad and powerful surveillance tools being used by the government are 
subject to appropriate limitations, transparency, and oversight. The 
American people deserve to know how laws such as the USA PATRIOT Act 
and the FISA Amendments Act are being used to conduct electronic 
surveillance, particularly when the surveillance is not just on those 
that we have reason to be suspicious of, but of all Americans--totally 
innocent Americans. The American people also deserve to know whether 
these programs have proven sufficiently effective to justify their 
extraordinary breadth. If you can collect billions of phone calls, and 
we have proven technologically you can do that, do we get anything out 
of it? Or, do we get our information about terrorists the old-fashioned 
way by actually talking to people, infiltrating terrorist groups, and 
so forth?
  Let us make sure we are not doing something just because we can do 
it, regardless of how it impacts the rights of Americans. The enhanced 
layers of transparency, oversight, and accountability included in this 
legislation will ensure we are protecting national security without 
undermining the privacy rights and civil liberties of law-abiding 
Americans.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:
       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``FISA Accountability and 
     Privacy Protection Act of 2013''.

     SEC. 2. SUNSETS.

       (a) Modification of FISA Amendments Act of 2008 Sunset.--
       (1) Modification.--Section 403(b)(1) of the FISA Amendments 
     Act of 2008 (Public Law 110-261; 50 U.S.C. 1881 note) is 
     amended by striking ``December 31, 2017'' and inserting 
     ``June 1, 2015''.
       (2) Technical and conforming amendments.--Section 403(b)(2) 
     of such Act (Public Law 110-261; 122 Stat. 2474) is amended 
     by striking ``December 31, 2017'' and inserting ``June 1, 
     2015''.
       (3) Orders in effect.--Section 404(b)(1) of such Act 
     (Public Law 110-261; 50 U.S.C. 1801 note) is amended in the 
     paragraph heading by striking ``December 31, 2017'' and 
     inserting ``June 1, 2015''.
       (b) National Security Letters.--
       (1) Repeal.--Effective on June 1, 2015--
       (A) section 2709 of title 18, United States Code, is 
     amended to read as such provision read on October 25, 2001;
       (B) section 1114(a)(5) of the Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3414(a)(5)) is amended to read as such 
     provision read on October 25, 2001;
       (C) subsections (a) and (b) of section 626 of the Fair 
     Credit Reporting Act (15 U.S.C. 1681u) are amended to read as 
     subsections (a) and (b), respectively, of the second of the 2 
     sections designated as section 624 of such Act (15 U.S.C. 
     1681u) (relating to disclosure to the Federal Bureau of 
     Investigation for counterintelligence purposes), as added by 
     section 601 of the Intelligence Authorization Act for Fiscal 
     Year 1996 (Public Law 104-93; 109 Stat. 974), read on October 
     25, 2001;
       (D) section 627 of the Fair Credit Reporting Act (15 U.S.C. 
     1681v) is repealed; and
       (E) section 802 of the National Security Act of 1947 (50 
     U.S.C. 3162) is amended to read as such provision read on 
     October 25, 2001.
       (2) Transition provision.--Notwithstanding paragraph (1), 
     the provisions of law referred to in paragraph (1), as in 
     effect on May 31, 2015, shall continue to apply on and after 
     June 1, 2015, with respect to any particular foreign 
     intelligence investigation or with respect to any particular 
     offense or potential offense that began or occurred before 
     June 1, 2015.
       (3) Technical and conforming amendments.--Effective June 1, 
     2015--
       (A) section 3511 of title 18, United States Code, is 
     amended--
       (i) in subsections (a), (c), and (d), by striking ``or 
     627(a)'' each place it appears; and
       (ii) in subsection (b)(1)(A), as amended by section 6(b) of 
     this Act, by striking ``section 626 or 627 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681u and 1681v)'' and inserting 
     ``section 626 of the Fair Credit Reporting Act (15 U.S.C. 
     1681u)'';
       (B) section 118(c) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (18 U.S.C. 3511 note) is 
     amended--
       (i) in subparagraph (C), by adding ``and'' at the end;
       (ii) in subparagraph (D), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (E); and
       (C) the table of sections for the Fair Credit Reporting Act 
     (15 U.S.C. 1681 et seq.) is amended by striking the item 
     relating to section 627.

     SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR ACCESS 
                   TO TANGIBLE THINGS.

       (a) In General.--Section 501 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861) is amended--
       (1) in the section heading, by striking ``certain business 
     records'' and inserting ``tangible things'';
       (2) in subsection (b)(2), by striking subparagraphs (A) and 
     (B) and inserting the following:
       ``(A) a statement of facts showing that there are 
     reasonable grounds to believe that the records or other 
     things sought--
       ``(i) are relevant to an authorized investigation (other 
     than a threat assessment) conducted in accordance with 
     subsection (a)(2) to obtain foreign intelligence information 
     not concerning a United States person or to protect against 
     international terrorism or clandestine intelligence 
     activities; and
       ``(ii)(I) pertain to a foreign power or an agent of a 
     foreign power;
       ``(II) are relevant to the activities of a suspected agent 
     of a foreign power who is the subject of such authorized 
     investigation; or
       ``(III) pertain to an individual in contact with, or known 
     to, a suspected agent of a foreign power; and
       ``(B) a statement of proposed minimization procedures.''; 
     and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) by inserting ``and that the proposed minimization 
     procedures meet the definition

[[Page S5021]]

     of minimization procedures under subsection (g)'' after 
     ``subsections (a) and (b)''; and
       (ii) by striking the second sentence; and
       (B) in paragraph (2)--
       (i) in subparagraph (D), by striking ``and'' at the end;
       (ii) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(F) shall direct that the minimization procedures be 
     followed.''.
       (b) Technical and Conforming Amendments.--
       (1) Definitions.--Title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 503. DEFINITIONS.

       ``In this title, the terms `Attorney General', `foreign 
     intelligence information', `international terrorism', 
     `person', `United States', and `United States person' have 
     the meanings given those terms in section 101.''.
       (2) Title heading.--Title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended 
     in the title heading by striking ``CERTAIN BUSINESS RECORDS'' 
     and inserting ``TANGIBLE THINGS''.
       (3) Table of contents.--The table of contents in the first 
     section of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1801 et seq.) is amended--
       (A) by striking the items relating to title V and section 
     501 and inserting the following:

 ``TITLE V--ACCESS TO TANGIBLE THINGS FOR FOREIGN INTELLIGENCE PURPOSES

``Sec. 501. Access to tangible things for foreign intelligence purposes 
              and international terrorism investigations.''; and
       (B) by inserting after the item relating to section 502 the 
     following:

``Sec. 503. Definitions.''.

     SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES 
                   FOR FOREIGN INTELLIGENCE PURPOSES.

       (a) Application.--Section 402(c) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is 
     amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2)--
       (A) by striking ``a certification by the applicant'' and 
     inserting ``a statement of the facts and circumstances relied 
     upon by the applicant to justify the belief of the 
     applicant''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(3) a statement of whether minimization procedures are 
     being proposed and, if so, a statement of the proposed 
     minimization procedures.''.
       (b) Minimization.--
       (1) Definition.--Section 401 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1841) is amended by 
     adding at the end the following:
       ``(4) The term `minimization procedures' means--
       ``(A) specific procedures, that are reasonably designed in 
     light of the purpose and technique of an order for the 
     installation and use of a pen register or trap and trace 
     device, to minimize the retention, and prohibit the 
     dissemination, of nonpublicly available information known to 
     concern unconsenting United States persons consistent with 
     the need of the United States to obtain, produce, and 
     disseminate foreign intelligence information;
       ``(B) procedures that require that nonpublicly available 
     information, which is not foreign intelligence information, 
     shall not be disseminated in a manner that identifies any 
     United States person, without the consent of such person, 
     unless the identity of such person is necessary to understand 
     foreign intelligence information or assess its importance; 
     and
       ``(C) notwithstanding subparagraphs (A) and (B), procedures 
     that allow for the retention and dissemination of information 
     that is evidence of a crime which has been, is being, or is 
     about to be committed and that is to be retained or 
     disseminated for law enforcement purposes.''.
       (2) Pen registers and trap and trace devices.--Section 402 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1842) is amended--
       (A) in subsection (d)(1), by striking ``the judge finds'' 
     and all that follows and inserting the following: ``the judge 
     finds--
       ``(A) that the application satisfies the requirements of 
     this section; and
       ``(B) that, if there are exceptional circumstances 
     justifying the use of minimization procedures in a particular 
     case, the proposed minimization procedures meet the 
     definition of minimization procedures under this title.''; 
     and
       (B) by adding at the end the following:
       ``(h) At or before the end of the period of time for which 
     the installation and use of a pen register or trap and trace 
     device is approved under an order or an extension under this 
     section, the judge may assess compliance with any applicable 
     minimization procedures by reviewing the circumstances under 
     which information concerning United States persons was 
     retained or disseminated.''.
       (3) Emergencies.--Section 403 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following:
       ``(c) If the Attorney General authorizes the emergency 
     installation and use of a pen register or trap and trace 
     device under this section, the Attorney General shall require 
     that minimization procedures be followed, if appropriate.''.
       (4) Use of information.--Section 405(a)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) 
     is amended by striking ``provisions of this section'' and 
     inserting ``minimization procedures required under this 
     title''.
       (c) Transition Procedures.--
       (1) Orders in effect.--Notwithstanding the amendments made 
     by this Act, an order entered under section 402(d)(1) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1842(d)(1)) that is in effect on the effective date of the 
     amendments made by this section shall remain in effect until 
     the expiration of the order.
       (2) Extensions.--A request for an extension of an order 
     referred to in paragraph (1) shall be subject to the 
     requirements of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.), as amended by this Act.

     SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY 
                   LETTERS.

       (a) In General.--Section 2709 of title 18, United States 
     Code, is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under paragraph (3) is provided, no wire or electronic 
     communication service provider, or officer, employee, or 
     agent thereof, that receives a request under subsection (a), 
     shall disclose to any person that the Director of the Federal 
     Bureau of Investigation has sought or obtained access to 
     information or records under this section.
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that, absent a prohibition of disclosure 
     under this subsection, there may result--
       ``(i) a danger to the national security of the United 
     States;
       ``(ii) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(iii) interference with diplomatic relations; or
       ``(iv) danger to the life or physical safety of any person.
       ``(2) Exception.--
       ``(A) In general.--A wire or electronic communication 
     service provider, or officer, employee, or agent thereof, 
     that receives a request under subsection (a) may disclose 
     information otherwise subject to any applicable nondisclosure 
     requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Persons necessary for compliance.--Upon a request by 
     the Director of the Federal Bureau of Investigation or the 
     designee of the Director, those persons to whom disclosure 
     will be made under subparagraph (A)(i) or to whom such 
     disclosure was made before the request shall be identified to 
     the Director or the designee.
       ``(C) Nondisclosure requirement.--A person to whom 
     disclosure is made under subparagraph (A) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request is issued under subsection (a) in the same manner 
     as the person to whom the request is issued.
       ``(D) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(3) Right to judicial review.--
       ``(A) In general.--A wire or electronic communications 
     service provider that receives a request under subsection (a) 
     shall have the right to judicial review of any applicable 
     nondisclosure requirement.
       ``(B) Notification.--A request under subsection (a) shall 
     state that if the recipient wishes to have a court review a 
     nondisclosure requirement, the recipient shall notify the 
     Government.
       ``(C) Initiation of proceedings.--If a recipient of a 
     request under subsection (a) makes a notification under 
     subparagraph (B), the Government shall initiate judicial 
     review under the procedures established in section 3511 of 
     this title, unless an appropriate official of the Federal 
     Bureau of the Investigation makes a notification under 
     paragraph (4).
       ``(4) Termination.--In the case of any request for which a 
     recipient has submitted a notification under paragraph 
     (3)(B), if the facts supporting a nondisclosure requirement 
     cease to exist, an appropriate official of the Federal Bureau 
     of Investigation shall promptly notify the wire or electronic 
     service provider, or officer, employee, or agent thereof, 
     subject to the nondisclosure requirement that the 
     nondisclosure requirement is no longer in effect.''.

[[Page S5022]]

       (b) Identity of Financial Institutions and Credit 
     Reports.--Section 626 of the Fair Credit Reporting Act (15 
     U.S.C. 1681u) is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under paragraph (3) is provided, no consumer reporting 
     agency, or officer, employee, or agent thereof, that receives 
     a request or order under subsection (a), (b), or (c), shall 
     disclose or specify in any consumer report, that the Federal 
     Bureau of Investigation has sought or obtained access to 
     information or records under subsection (a), (b), or (c).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that, absent a prohibition of disclosure 
     under this subsection, there may result--
       ``(i) a danger to the national security of the United 
     States;
       ``(ii) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(iii) interference with diplomatic relations; or
       ``(iv) danger to the life or physical safety of any person.
       ``(2) Exception.--
       ``(A) In general.--A consumer reporting agency, or officer, 
     employee, or agent thereof, that receives a request or order 
     under subsection (a), (b), or (c) may disclose information 
     otherwise subject to any applicable nondisclosure requirement 
     to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request or order;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request or order; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Persons necessary for compliance.--Upon a request by 
     the Director of the Federal Bureau of Investigation or the 
     designee of the Director, those persons to whom disclosure 
     will be made under subparagraph (A)(i) or to whom such 
     disclosure was made before the request shall be identified to 
     the Director or the designee.
       ``(C) Nondisclosure requirement.--A person to whom 
     disclosure is made under subparagraph (A) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request or order is issued under subsection (a), (b), or 
     (c) in the same manner as the person to whom the request or 
     order is issued.
       ``(D) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(3) Right to judicial review.--
       ``(A) In general.--A consumer reporting agency that 
     receives a request or order under subsection (a), (b), or (c) 
     shall have the right to judicial review of any applicable 
     nondisclosure requirement.
       ``(B) Notification.--A request or order under subsection 
     (a), (b), or (c) shall state that if the recipient wishes to 
     have a court review a nondisclosure requirement, the 
     recipient shall notify the Government.
       ``(C) Initiation of proceedings.--If a recipient of a 
     request or order under subsection (a), (b), or (c) makes a 
     notification under subparagraph (B), the Government shall 
     initiate judicial review under the procedures established in 
     section 3511 of title 18, United States Code, unless an 
     appropriate official of the Federal Bureau of Investigation 
     makes a notification under paragraph (4).
       ``(4) Termination.--In the case of any request or order for 
     which a consumer reporting agency has submitted a 
     notification under paragraph (3)(B), if the facts supporting 
     a nondisclosure requirement cease to exist, an appropriate 
     official of the Federal Bureau of Investigation shall 
     promptly notify the consumer reporting agency, or officer, 
     employee, or agent thereof, subject to the nondisclosure 
     requirement that the nondisclosure requirement is no longer 
     in effect.''.
       (c) Disclosures to Governmental Agencies for 
     Counterterrorism Purposes.--Section 627 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681v) is amended by striking 
     subsection (c) and inserting the following:
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under paragraph (3) is provided, no consumer reporting 
     agency, or officer, employee, or agent thereof, that receives 
     a request under subsection (a), shall disclose to any person 
     or specify in any consumer report, that a government agency 
     has sought or obtained access to information under subsection 
     (a).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the head of a government agency authorized to 
     conduct investigations of, or intelligence or 
     counterintelligence activities or analysis related to, 
     international terrorism, or a designee, certifies that, 
     absent a prohibition of disclosure under this subsection, 
     there may result--
       ``(i) a danger to the national security of the United 
     States;
       ``(ii) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(iii) interference with diplomatic relations; or
       ``(iv) danger to the life or physical safety of any person.
       ``(2) Exception.--
       ``(A) In general.--A consumer reporting agency, or officer, 
     employee, or agent thereof, that receives a request under 
     subsection (a) may disclose information otherwise subject to 
     any applicable nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the head of the 
     government agency authorized to conduct investigations of, or 
     intelligence or counterintelligence activities or analysis 
     related to, international terrorism, or a designee.
       ``(B) Persons necessary for compliance.--Upon a request by 
     the head of a government agency authorized to conduct 
     investigations of, or intelligence or counterintelligence 
     activities or analysis related to, international terrorism, 
     or a designee, those persons to whom disclosure will be made 
     under subparagraph (A)(i) or to whom such disclosure was made 
     before the request shall be identified to the head of the 
     government agency or the designee.
       ``(C) Nondisclosure requirement.--A person to whom 
     disclosure is made under subparagraph (A) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request is issued under subsection (a) in the same manner 
     as the person to whom the request is issued.
       ``(D) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(3) Right to judicial review.--
       ``(A) In general.--A consumer reporting agency that 
     receives a request under subsection (a) shall have the right 
     to judicial review of any applicable nondisclosure 
     requirement.
       ``(B) Notification.--A request under subsection (a) shall 
     state that if the recipient wishes to have a court review a 
     nondisclosure requirement, the recipient shall notify the 
     government.
       ``(C) Initiation of proceedings.--If a recipient of a 
     request under subsection (a) makes a notification under 
     subparagraph (B), the government shall initiate judicial 
     review under the procedures established in section 3511 of 
     title 18, United States Code, unless an appropriate official 
     of the government agency authorized to conduct investigations 
     of, or intelligence or counterintelligence activities or 
     analysis related to, international terrorism makes a 
     notification under paragraph (4).
       ``(4) Termination.--In the case of any request for which a 
     consumer reporting agency has submitted a notification under 
     paragraph (3)(B), if the facts supporting a nondisclosure 
     requirement cease to exist, an appropriate official of the 
     government agency authorized to conduct investigations of, or 
     intelligence or counterintelligence activities or analysis 
     related to, international terrorism shall promptly notify the 
     consumer reporting agency, or officer, employee, or agent 
     thereof, subject to the nondisclosure requirement that the 
     nondisclosure requirement is no longer in effect.''.
       (d) Financial Records.--Section 1114(a)(5) of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is 
     amended by striking subparagraph (D) and inserting the 
     following:
       ``(D) Prohibition of Certain Disclosure.--
       ``(i) Prohibition.--
       ``(I) In general.--If a certification is issued under 
     subclause (II) and notice of the right to judicial review 
     under clause (iii) is provided, no financial institution, or 
     officer, employee, or agent thereof, that receives a request 
     under subparagraph (A), shall disclose to any person that the 
     Federal Bureau of Investigation has sought or obtained access 
     to information or records under subparagraph (A).
       ``(II) Certification.--The requirements of subclause (I) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that, absent a prohibition of disclosure 
     under this subparagraph, there may result--
       ``(aa) a danger to the national security of the United 
     States;
       ``(bb) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(cc) interference with diplomatic relations; or
       ``(dd) danger to the life or physical safety of any person.
       ``(ii) Exception.--
       ``(I) In general.--A financial institution, or officer, 
     employee, or agent thereof, that receives a request under 
     subparagraph (A) may disclose information otherwise subject 
     to any applicable nondisclosure requirement to--
       ``(aa) those persons to whom disclosure is necessary in 
     order to comply with the request;

[[Page S5023]]

       ``(bb) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(cc) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(II) Persons necessary for compliance.--Upon a request by 
     the Director of the Federal Bureau of Investigation or the 
     designee of the Director, those persons to whom disclosure 
     will be made under subclause (I)(aa) or to whom such 
     disclosure was made before the request shall be identified to 
     the Director or the designee.
       ``(III) Nondisclosure requirement.--A person to whom 
     disclosure is made under subclause (I) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request is issued under subparagraph (A) in the same manner 
     as the person to whom the request is issued.
       ``(IV) Notice.--Any recipient that discloses to a person 
     described in subclause (I) information otherwise subject to a 
     nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(iii) Right to judicial review.--
       ``(I) In general.--A financial institution that receives a 
     request under subparagraph (A) shall have the right to 
     judicial review of any applicable nondisclosure requirement.
       ``(II) Notification.--A request under subparagraph (A) 
     shall state that if the recipient wishes to have a court 
     review a nondisclosure requirement, the recipient shall 
     notify the Government.
       ``(III) Initiation of proceedings.--If a recipient of a 
     request under subparagraph (A) makes a notification under 
     subclause (II), the Government shall initiate judicial review 
     under the procedures established in section 3511 of title 18, 
     United States Code, unless an appropriate official of the 
     Federal Bureau of Investigation makes a notification under 
     clause (iv).
       ``(iv) Termination.--In the case of any request for which a 
     financial institution has submitted a notification under 
     clause (iii)(II), if the facts supporting a nondisclosure 
     requirement cease to exist, an appropriate official of the 
     Federal Bureau of Investigation shall promptly notify the 
     financial institution, or officer, employee, or agent 
     thereof, subject to the nondisclosure requirement that the 
     nondisclosure requirement is no longer in effect.''.
       (e) Requests by Authorized Investigative Agencies.--Section 
     802 of the National Security Act of 1947 (50 U.S.C. 3162), is 
     amended by striking subsection (b) and inserting the 
     following:
       ``(b) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under paragraph (3) is provided, no governmental or private 
     entity, or officer, employee, or agent thereof, that receives 
     a request under subsection (a), shall disclose to any person 
     that an authorized investigative agency described in 
     subsection (a) has sought or obtained access to information 
     under subsection (a).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the head of an authorized investigative agency 
     described in subsection (a), or a designee, certifies that, 
     absent a prohibition of disclosure under this subsection, 
     there may result--
       ``(i) a danger to the national security of the United 
     States;
       ``(ii) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(iii) interference with diplomatic relations; or
       ``(iv) danger to the life or physical safety of any person.
       ``(2) Exception.--
       ``(A) In general.--A governmental or private entity, or 
     officer, employee, or agent thereof, that receives a request 
     under subsection (a) may disclose information otherwise 
     subject to any applicable nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the head of the 
     authorized investigative agency described in subsection (a).
       ``(B) Persons necessary for compliance.--Upon a request by 
     the head of an authorized investigative agency described in 
     subsection (a), or a designee, those persons to whom 
     disclosure will be made under subparagraph (A)(i) or to whom 
     such disclosure was made before the request shall be 
     identified to the head of the authorized investigative agency 
     or the designee.
       ``(C) Nondisclosure requirement.--A person to whom 
     disclosure is made under subparagraph (A) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request is issued under subsection (a) in the same manner 
     as the person to whom the request is issued.
       ``(D) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(3) Right to judicial review.--
       ``(A) In general.--A governmental or private entity that 
     receives a request under subsection (a) shall have the right 
     to judicial review of any applicable nondisclosure 
     requirement.
       ``(B) Notification.--A request under subsection (a) shall 
     state that if the recipient wishes to have a court review a 
     nondisclosure requirement, the recipient shall notify the 
     Government.
       ``(C) Initiation of proceedings.--If a recipient of a 
     request under subsection (a) makes a notification under 
     subparagraph (B), the Government shall initiate judicial 
     review under the procedures established in section 3511 of 
     title 18, United States Code, unless an appropriate official 
     of the authorized investigative agency described in 
     subsection (a) makes a notification under paragraph (4).
       ``(4) Termination.--In the case of any request for which a 
     governmental or private entity has submitted a notification 
     under paragraph (3)(B), if the facts supporting a 
     nondisclosure requirement cease to exist, an appropriate 
     official of the authorized investigative agency described in 
     subsection (a) shall promptly notify the governmental or 
     private entity, or officer, employee, or agent thereof, 
     subject to the nondisclosure requirement that the 
     nondisclosure requirement is no longer in effect.''.

     SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY 
                   LETTERS.

       (a) FISA.--Section 501(f)(2) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i)--
       (i) by striking ``a production order'' and inserting ``a 
     production order or nondisclosure order''; and
       (ii) by striking ``Not less than 1 year'' and all that 
     follows; and
       (B) in clause (ii), by striking ``production order or 
     nondisclosure''; and
       (2) in subparagraph (C)--
       (A) by striking clause (ii); and
       (B) by redesignating clause (iii) as clause (ii).
       (b) Judicial Review of National Security Letters.--Section 
     3511(b) of title 18, United States Code, is amended to read 
     as follows:
       ``(b) Nondisclosure.--
       ``(1) In general.--
       ``(A) Notice.--If a recipient of a request or order for a 
     report, records, or other information under section 2709 of 
     this title, section 626 or 627 of the Fair Credit Reporting 
     Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 
     802 of the National Security Act of 1947 (50 U.S.C. 3162), 
     wishes to have a court review a nondisclosure requirement 
     imposed in connection with the request or order, the 
     recipient shall notify the Government.
       ``(B) Application.--Not later than 30 days after the date 
     of receipt of a notification under subparagraph (A), the 
     Government shall apply for an order prohibiting the 
     disclosure of the existence or contents of the relevant 
     request or order. An application under this subparagraph may 
     be filed in the district court of the United States for the 
     judicial district in which the recipient of the order is 
     doing business or in the district court of the United States 
     for any judicial district within which the authorized 
     investigation that is the basis for the request or order is 
     being conducted. The applicable nondisclosure requirement 
     shall remain in effect during the pendency of proceedings 
     relating to the requirement.
       ``(C) Consideration.--A district court of the United States 
     that receives an application under subparagraph (B) should 
     rule expeditiously, and shall, subject to paragraph (3), 
     issue a nondisclosure order that includes conditions 
     appropriate to the circumstances.
       ``(2) Application contents.--An application for a 
     nondisclosure order or extension thereof under this 
     subsection shall include a certification from the Attorney 
     General, Deputy Attorney General, an Assistant Attorney 
     General, or the Director of the Federal Bureau of 
     Investigation, or in the case of a request by a department, 
     agency, or instrumentality of the Federal Government other 
     than the Department of Justice, the head or deputy head of 
     the department, agency, or instrumentality, containing a 
     statement of specific facts indicating that, absent a 
     prohibition of disclosure under this subsection, there may 
     result--
       ``(A) a danger to the national security of the United 
     States;
       ``(B) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(C) interference with diplomatic relations; or
       ``(D) danger to the life or physical safety of any person.
       ``(3) Standard.--A district court of the United States 
     shall issue a nondisclosure requirement order or extension 
     thereof under this subsection if the court determines, giving 
     substantial weight to the certification under paragraph (2), 
     that there is reason to believe that disclosure of the 
     information subject to the nondisclosure requirement during 
     the applicable time period will result in--
       ``(A) a danger to the national security of the United 
     States;
       ``(B) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(C) interference with diplomatic relations; or
       ``(D) danger to the life or physical safety of any 
     person.''.
       (c) Minimization.--Section 501(g)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)(1)) 
     is amended by striking ``Not later than'' and all that 
     follows and inserting ``At or before the end of the period of

[[Page S5024]]

     time for the production of tangible things under an order 
     approved under this section or at any time after the 
     production of tangible things under an order approved under 
     this section, a judge may assess compliance with the 
     minimization procedures by reviewing the circumstances under 
     which information concerning United States persons was 
     retained or disseminated.''.

     SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND 
                   TRANSACTIONAL RECORDS.

       (a) In General.--Section 2709 of title 18, United States 
     Code, as amended by this Act, is amended--
       (1) by striking subsection (e);
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Written Statement.--The Director of the Federal 
     Bureau of Investigation, or a designee in a position not 
     lower than Deputy Assistant Director at Bureau headquarters 
     or a Special Agent in Charge in a Bureau field office 
     designated by the Director, may make a certification under 
     subsection (b) only upon a written statement, which shall be 
     retained by the Federal Bureau of Investigation, of specific 
     facts showing that there are reasonable grounds to believe 
     that the information sought is relevant to the authorized 
     investigation described in subsection (b).''.
       (b) Identity of Financial Institutions and Credit 
     Reports.--Section 626 of the Fair Credit Reporting Act (15 
     U.S.C. 1681u), as amended by this Act, is amended--
       (1) by striking subsection (h);
       (2) by redesignating subsections (d), (e), (f), and (g) as 
     subsections (e), (f), (g), and (h), respectively; and
       (3) by inserting after subsection (c) the following:
       ``(d) Written Statement.--The Director of the Federal 
     Bureau of Investigation, or a designee in a position not 
     lower than Deputy Assistant Director at Bureau headquarters 
     or a Special Agent in Charge in a Bureau field office 
     designated by the Director, may make a certification under 
     subsection (a) or (b) only upon a written statement, which 
     shall be retained by the Federal Bureau of Investigation, of 
     specific facts showing that there are reasonable grounds to 
     believe that the information sought is relevant to the 
     authorized investigation described in subsection (a) or (b), 
     as the case may be.''.
       (c) Disclosures to Governmental Agencies for 
     Counterterrorism Purposes.--Section 627(b) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681v(b)) is amended--
       (1) in the subsection heading, by striking ``Form of 
     Certification'' and inserting ``Certification'';
       (2) by striking ``The certification'' and inserting the 
     following:
       ``(1) Form of certification.--The certification''; and
       (3) by adding at the end the following:
       ``(2) Written statement.--A supervisory official or officer 
     described in paragraph (1) may make a certification under 
     subsection (a) only upon a written statement, which shall be 
     retained by the government agency, of specific facts showing 
     that there are reasonable grounds to believe that the 
     information sought is relevant to the authorized 
     investigation described in subsection (a).''.
       (d) Financial Records.--Section 1114(a)(5) of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)), as 
     amended by this Act, is amended--
       (1) by striking subparagraph (C);
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following:
       ``(B) The Director of the Federal Bureau of Investigation, 
     or a designee in a position not lower than Deputy Assistant 
     Director at Bureau headquarters or a Special Agent in Charge 
     in a Bureau field office designated by the Director, may make 
     a certification under subparagraph (A) only upon a written 
     statement, which shall be retained by the Federal Bureau of 
     Investigation, of specific facts showing that there are 
     reasonable grounds to believe that the information sought is 
     relevant to the authorized investigation described in 
     subparagraph (A).''.
       (e) Requests by Authorized Investigative Agencies.--Section 
     802(a) of the National Security Act of 1947 (50 U.S.C. 
     3162(a)) is amended by adding at the end the following:
       ``(4) A department or agency head, deputy department or 
     agency head, or senior official described in paragraph (3)(A) 
     may make a certification under paragraph (3)(A) only upon a 
     written statement, which shall be retained by the authorized 
     investigative agency, of specific facts showing that there 
     are reasonable grounds to believe that the information sought 
     is relevant to the authorized inquiry or investigation 
     described in paragraph (3)(A)(ii).''.
       (f) Technical and Conforming Amendments.--
       (1) Obstruction of criminal investigations.--Section 
     1510(e) of title 18, United States Code, is amended by 
     striking ``section 2709(c)(1) of this title, section 
     626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 
     U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 
     1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 
     U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 
     802(b)(1) of the National Security Act of 1947 (50 U.S.C. 
     403(b)(1))'' and inserting ``section 2709(d)(1) of this 
     title, section 626(e)(1) or 627(c)(1) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681u(e)(1) and 1681v(c)(1)), 
     section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(3)(A) or 
     3414(a)(5)(D)(i)), or section 802(b)(1) of the National 
     Security Act of 1947 (50 U.S.C. 3162(b)(1))''.
       (2) Semiannual reports.--Section 507(b) of the National 
     Security Act of 1947 (50 U.S.C. 415b(b)) is amended to read 
     as follows:
       ``(b) Semiannual Reports.--The dates for the submittal to 
     the congressional intelligence committees of the semiannual 
     reports on decisions not to prosecute certain violations of 
     law under the Classified Information Procedures Act (18 
     U.S.C. App.), as required by section 13 of that Act, shall be 
     the dates each year provided in subsection (c)(2).''.

     SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

       (a) In General.--Section 118(c) of the USA PATRIOT 
     Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511 
     note) is amended to read as follows:
       ``(c) Reports on Requests for National Security Letters.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `applicable period' means--
       ``(i) with respect to the first report submitted under 
     paragraph (2) or (3), the period beginning 180 days after the 
     date of enactment of the FISA Accountability and Privacy 
     Protection Act of 2013 and ending on December 31, 2013; and
       ``(ii) with respect to the second report submitted under 
     paragraph (2) or (3), and each report thereafter, the 6-month 
     period ending on the last day of the second month before the 
     date for submission of the report; and
       ``(B) the term `United States person' has the meaning given 
     that term in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801).
       ``(2) Classified form.--
       ``(A) In general.--Not later than March 1, 2014, and every 
     6 months thereafter, the Attorney General shall submit to the 
     Select Committee on Intelligence, the Committee on the 
     Judiciary, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Permanent Select Committee on 
     Intelligence, the Committee on the Judiciary, and the 
     Committee on Financial Services of the House of 
     Representatives a report fully informing the committees 
     concerning the requests made under section 2709(a) of title 
     18, United States Code, section 1114(a)(5)(A) of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)), 
     section 626 of the Fair Credit Reporting Act (15 U.S.C. 
     1681u), section 627 of the Fair Credit Reporting Act (15 
     U.S.C. 1681v), or section 802 of the National Security Act of 
     1947 (50 U.S.C. 3162) during the applicable period.
       ``(B) Contents.--Each report under subparagraph (A) shall 
     include, for each provision of law described in subparagraph 
     (A)--
       ``(i) the number of authorized requests under the 
     provision, including requests for subscriber information; and
       ``(ii) the number of authorized requests under the 
     provision--

       ``(I) that relate to a United States person;
       ``(II) that relate to a person that is not a United States 
     person;
       ``(III) that relate to a person that is--

       ``(aa) the subject of an authorized national security 
     investigation; or
       ``(bb) an individual who has been in contact with or 
     otherwise directly linked to the subject of an authorized 
     national security investigation; and

       ``(IV) that relate to a person that is not known to be the 
     subject of an authorized national security investigation or 
     to have been in contact with or otherwise directly linked to 
     the subject of an authorized national security investigation.

       ``(3) Unclassified form.--
       ``(A) In general.--Not later than March 1, 2014, and every 
     6 months thereafter, the Attorney General shall submit to the 
     Select Committee on Intelligence, the Committee on the 
     Judiciary, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Permanent Select Committee on 
     Intelligence, the Committee on the Judiciary, and the 
     Committee on Financial Services of the House of 
     Representatives a report fully informing the committees 
     concerning the aggregate total of all requests identified 
     under paragraph (2) during the applicable period. Each report 
     under this subparagraph shall be in unclassified form.
       ``(B) Contents.--Each report under subparagraph (A) shall 
     include the aggregate total of requests--
       ``(i) that relate to a United States person;
       ``(ii) that relate to a person that is not a United States 
     person;
       ``(iii) that relate to a person that is--

       ``(I) the subject of an authorized national security 
     investigation; or
       ``(II) an individual who has been in contact with or 
     otherwise directly linked to the subject of an authorized 
     national security investigation; and

       ``(iv) that relate to a person that is not known to be the 
     subject of an authorized national security investigation or 
     to have been in contact with or otherwise directly linked to 
     the subject of an authorized national security 
     investigation.''.
       (b) Technical and Conforming Amendment.--Section 627 of the 
     Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by 
     striking subsection (f).

     SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       (a) In General.--Title VI of the Foreign Intelligence 
     Surveillance Act of 1978 (50

[[Page S5025]]

     U.S.C. 1871) is amended by adding at the end the following:

     ``SEC. 602. ANNUAL UNCLASSIFIED REPORT.

       ``Not later than December 31, 2014, and every year 
     thereafter, the Attorney General, in consultation with the 
     Director of National Intelligence, and with due regard for 
     the protection of classified information from unauthorized 
     disclosure, shall submit to the Committee on the Judiciary 
     and the Select Committee on Intelligence of the Senate and 
     the Committee on the Judiciary and the Permanent Select 
     Committee on Intelligence of the House of Representatives an 
     unclassified report summarizing how the authorities under 
     this Act are used, including the impact of the use of the 
     authorities under this Act on the privacy of United States 
     persons (as defined in section 101).''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in the first section of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended 
     by inserting after the item relating to section 601 the 
     following:

``Sec. 602. Annual unclassified report.''.

     SEC. 10. AUDITS.

       (a) Tangible Things.--Section 106A of the USA PATRIOT 
     Improvement and Reauthorization Act of 2005 (Public Law 109-
     177; 120 Stat. 200) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``and calendar years 
     2010 through 2013'' after ``2006'';
       (B) by striking paragraphs (2) and (3);
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (2) and (3), respectively; and
       (D) in paragraph (3), as so redesignated--
       (i) by striking subparagraph (C) and inserting the 
     following:
       ``(C) with respect to calendar years 2010 through 2013, an 
     examination of the minimization procedures used in relation 
     to orders under section 501 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861) and whether the 
     minimization procedures adequately protect the constitutional 
     rights of United States persons.''; and
       (ii) in subparagraph (D), by striking ``(as such term is 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4)))'';
       (2) in subsection (c), by adding at the end the following:
       ``(3) Calendar years 2010 and 2011.--Not later than January 
     1, 2014, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     the Judiciary and the Permanent Select Committee on 
     Intelligence of the House of Representatives a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2010 and 2011.
       ``(4) Calendar years 2012 and 2013.--Not later than January 
     1, 2015, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     the Judiciary and the Permanent Select Committee on 
     Intelligence of the House of Representatives a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2012 and 2013.'';
       (3) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (4) by inserting after subsection (c) the following:
       ``(d) Intelligence Assessment.--
       ``(1) In general.--For the period beginning on January 1, 
     2010 and ending on December 31, 2013, the Inspector General 
     of each element of the intelligence community outside of the 
     Department of Justice that used information acquired under 
     title V of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1861 et seq.) in the intelligence activities of 
     the element of the intelligence community shall--
       ``(A) assess the importance of the information to the 
     intelligence activities of the element of the intelligence 
     community;
       ``(B) examine the manner in which that information was 
     collected, retained, analyzed, and disseminated by the 
     element of the intelligence community;
       ``(C) describe any noteworthy facts or circumstances 
     relating to orders under title V of the Foreign Intelligence 
     Surveillance Act of 1978 as the orders relate to the element 
     of the intelligence community; and
       ``(D) examine any minimization procedures used by the 
     element of the intelligence community under title V of the 
     Foreign Intelligence Surveillance Act of 1978 and whether the 
     minimization procedures adequately protect the constitutional 
     rights of United States persons.
       ``(2) Submission dates for assessment.--
       ``(A) Calendar years 2010 and 2011.--Not later than January 
     1, 2014, the Inspector General of each element of the 
     intelligence community that conducts an assessment under this 
     subsection shall submit to the Committee on the Judiciary and 
     the Select Committee on Intelligence of the Senate and the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representative a report 
     containing the results of the assessment for calendar years 
     2010 and 2011.
       ``(B) Calendar years 2012 and 2013.--Not later than January 
     1, 2015, the Inspector General of each element of the 
     intelligence community that conducts an assessment under this 
     subsection shall submit to the Committee on the Judiciary and 
     the Select Committee on Intelligence of the Senate and the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representatives a report 
     containing the results of the assessment for calendar years 
     2012 and 2013.'';
       (5) in subsection (e), as redesignated by paragraph (3)--
       (A) in paragraph (1)--
       (i) by striking ``a report under subsection (c)(1) or 
     (c)(2)'' and inserting ``any report under subsection (c) or 
     (d)''; and
       (ii) by inserting ``and any Inspector General of an element 
     of the intelligence community that submits a report under 
     this section'' after ``Justice''; and
       (B) in paragraph (2), by striking ``the reports submitted 
     under subsection (c)(1) and (c)(2)'' and inserting ``any 
     report submitted under subsection (c) or (d)'';
       (6) in subsection (f), as redesignated by paragraph (3)--
       (A) by striking ``The reports submitted under subsections 
     (c)(1) and (c)(2)'' and inserting ``Each report submitted 
     under subsection (c)''; and
       (B) by striking ``subsection (d)(2)'' and inserting 
     ``subsection (e)(2)''; and
       (7) by adding at the end the following:
       ``(g) Definitions.--In this section--
       ``(1) the term `intelligence community' has the meaning 
     given that term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003); and
       ``(2) the term `United States person' has the meaning given 
     that term in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801).''.
       (b) National Security Letters.--Section 119 of the USA 
     PATRIOT Improvement and Reauthorization Act of 2005 (Public 
     Law 109-177; 120 Stat. 219) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``and calendar years 
     2010 through 2013'' after ``2006''; and
       (B) in paragraph (3)(C), by striking ``(as such term is 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4)))'';
       (2) in subsection (c), by adding at the end the following:
       ``(3) Calendar years 2010 and 2011.--Not later than January 
     1, 2014, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives and the Committee on the Judiciary and the 
     Select Committee on Intelligence of the Senate a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2010 and 2011.
       ``(4) Calendar years 2012 and 2013.--Not later than January 
     1, 2015, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives and the Committee on the Judiciary and the 
     Select Committee on Intelligence of the Senate a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2012 and 2013.'';
       (3) by striking subsection (g) and inserting the following:
       ``(h) Definitions.--In this section--
       ``(1) the term `intelligence community' has the meaning 
     given that term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003);
       ``(2) the term `national security letter' means a request 
     for information under--
       ``(A) section 2709(a) of title 18, United States Code (to 
     access certain communication service provider records);
       ``(B) section 1114(a)(5)(A) of the Right to Financial 
     Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain 
     financial institution customer records);
       ``(C) section 802 of the National Security Act of 1947 (50 
     U.S.C. 3162) (to obtain financial information, records, and 
     consumer reports);
       ``(D) section 626 of the Fair Credit Reporting Act (15 
     U.S.C. 1681u) (to obtain certain financial information and 
     consumer reports); or
       ``(E) section 627 of the Fair Credit Reporting Act (15 
     U.S.C. 1681v) (to obtain credit agency consumer records for 
     counterterrorism investigations); and
       ``(3) the term `United States person' has the meaning given 
     that term in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801).'';
       (4) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively;
       (5) by inserting after subsection (c) the following:
       ``(d) Intelligence Assessment.--
       ``(1) In general.--For the period beginning on January 1, 
     2010 and ending on December 31, 2013, the Inspector General 
     of each element of the intelligence community outside of the 
     Department of Justice that issued national security letters 
     in the intelligence activities of the element of the 
     intelligence community shall--
       ``(A) examine the use of national security letters by the 
     element of the intelligence community during the period;
       ``(B) describe any noteworthy facts or circumstances 
     relating to the use of national security letters by the 
     element of the intelligence community, including any improper 
     or illegal use of such authority;
       ``(C) assess the importance of information received under 
     the national security letters to the intelligence activities 
     of the element of the intelligence community; and
       ``(D) examine the manner in which information received 
     under the national security

[[Page S5026]]

     letters was collected, retained, analyzed, and disseminated.
       ``(2) Submission dates for assessment.--
       ``(A) Calendar years 2010 and 2011.--Not later than January 
     1, 2014, the Inspector General of each element of the 
     intelligence community that conducts an assessment under this 
     subsection shall submit to the Committee on the Judiciary and 
     the Select Committee on Intelligence of the Senate and the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representatives a report 
     containing the results of the assessment for calendar years 
     2010 and 2011.
       ``(B) Calendar years 2012 and 2013.--Not later than January 
     1, 2015, the Inspector General of any element of the 
     intelligence community that conducts an assessment under this 
     subsection shall submit to the Committee on the Judiciary and 
     the Select Committee on Intelligence of the Senate and the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representatives a report 
     containing the results of the assessment for calendar years 
     2012 and 2013.'';
       (6) in subsection (e), as redesignated by paragraph (4)--
       (A) in paragraph (1)--
       (i) by striking ``a report under subsection (c)(1) or 
     (c)(2)'' and inserting ``any report under subsection (c) or 
     (d)''; and
       (ii) by inserting ``and any Inspector General of an element 
     of the intelligence community that submits a report under 
     this section'' after ``Justice''; and
       (B) in paragraph (2), by striking ``the reports submitted 
     under subsection (c)(1) or (c)(2)'' and inserting ``any 
     report submitted under subsection (c) or (d)''; and
       (7) in subsection (f), as redesignated by paragraph (4)--
       (A) by striking ``The reports submitted under subsections 
     (c)(1) or (c)(2)'' and inserting ``Each report submitted 
     under subsection (c)''; and
       (B) by striking ``subsection (d)(2)'' and inserting 
     ``subsection (e)(2)''.
       (c) Pen Registers and Trap and Trace Devices.--
       (1) Audits.--The Inspector General of the Department of 
     Justice shall perform comprehensive audits of the 
     effectiveness and use, including any improper or illegal use, 
     of pen registers and trap and trace devices under title IV of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1841 et seq.) during the period beginning on January 1, 2010 
     and ending on December 31, 2013.
       (2) Requirements.--The audits required under paragraph (1) 
     shall include--
       (A) an examination of the use of pen registers and trap and 
     trace devices under title IV of the Foreign Intelligence 
     Surveillance Act of 1978 for calendar years 2010 through 
     2013;
       (B) an examination of the installation and use of a pen 
     register or trap and trace device on emergency bases under 
     section 403 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1843);
       (C) any noteworthy facts or circumstances relating to the 
     use of a pen register or trap and trace device under title IV 
     of the Foreign Intelligence Surveillance Act of 1978, 
     including any improper or illegal use of the authority 
     provided under that title; and
       (D) an examination of the effectiveness of the authority 
     under title IV of the Foreign Intelligence Surveillance Act 
     of 1978 as an investigative tool, including--
       (i) the importance of the information acquired to the 
     intelligence activities of the Federal Bureau of 
     Investigation;
       (ii) the manner in which the information is collected, 
     retained, analyzed, and disseminated by the Federal Bureau of 
     Investigation, including any direct access to the information 
     provided to any other department, agency, or instrumentality 
     of Federal, State, local, or tribal governments or any 
     private sector entity;
       (iii) with respect to calendar years 2012 and 2013, an 
     examination of the minimization procedures of the Federal 
     Bureau of Investigation used in relation to pen registers and 
     trap and trace devices under title IV of the Foreign 
     Intelligence Surveillance Act of 1978 and whether the 
     minimization procedures adequately protect the constitutional 
     rights of United States persons;
       (iv) whether, and how often, the Federal Bureau of 
     Investigation used information acquired under a pen register 
     or trap and trace device under title IV of the Foreign 
     Intelligence Surveillance Act of 1978 to produce an 
     analytical intelligence product for distribution within the 
     Federal Bureau of Investigation, to the intelligence 
     community, or to another department, agency, or 
     instrumentality of Federal, State, local, or tribal 
     governments; and
       (v) whether, and how often, the Federal Bureau of 
     Investigation provided information acquired under a pen 
     register or trap and trace device under title IV of the 
     Foreign Intelligence Surveillance Act of 1978 to law 
     enforcement authorities for use in criminal proceedings.
       (3) Submission dates.--
       (A) Calendar years 2010 and 2011.--Not later than January 
     1, 2014, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     the Judiciary and the Permanent Select Committee on 
     Intelligence of the House of Representatives a report 
     containing the results of the audits conducted under 
     paragraph (1) for calendar years 2010 and 2011.
       (B) Calendar years 2012 and 2013.--Not later than January 
     1, 2015, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     the Judiciary and the Permanent Select Committee on 
     Intelligence of the House of Representatives a report 
     containing the results of the audits conducted under 
     paragraph (1) for calendar years 2012 and 2013.
       (4) Intelligence assessment.--
       (A) In general.--For the period beginning January 1, 2010 
     and ending on December 31, 2013, the Inspector General of any 
     element of the intelligence community outside of the 
     Department of Justice that used information acquired under a 
     pen register or trap and trace device under title IV of the 
     Foreign Intelligence Surveillance Act of 1978 in the 
     intelligence activities of the element of the intelligence 
     community shall--
       (i) assess the importance of the information to the 
     intelligence activities of the element of the intelligence 
     community;
       (ii) examine the manner in which the information was 
     collected, retained, analyzed, and disseminated;
       (iii) describe any noteworthy facts or circumstances 
     relating to orders under title IV of the Foreign Intelligence 
     Surveillance Act of 1978 as the orders relate to the element 
     of the intelligence community; and
       (iv) examine any minimization procedures used by the 
     element of the intelligence community in relation to pen 
     registers and trap and trace devices under title IV of the 
     Foreign Intelligence Surveillance Act of 1978 and whether the 
     minimization procedures adequately protect the constitutional 
     rights of United States persons.
       (B) Submission dates for assessment.--
       (i) Calendar years 2010 and 2011.--Not later than January 
     1, 2014, the Inspector General of each element of the 
     intelligence community that conducts an assessment under this 
     paragraph shall submit to the Committee on the Judiciary and 
     the Select Committee on Intelligence of the Senate and the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representative a report 
     containing the results of the assessment for calendar years 
     2010 and 2011.
       (ii) Calendar years 2012 and 2013.--Not later than January 
     1, 2015, the Inspector General of each element of the 
     intelligence community that conducts an assessment under this 
     paragraph shall submit to the Committee on the Judiciary and 
     the Select Committee on Intelligence of the Senate and the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representative a report 
     containing the results of the assessment for calendar years 
     2012 and 2013.
       (5) Prior notice to attorney general and director of 
     national intelligence; comments.--
       (A) Notice.--Not later than 30 days before the submission 
     of any report under paragraph (3) or (4), the Inspector 
     General of the Department of Justice and any Inspector 
     General of an element of the intelligence community that 
     submits a report under this subsection shall provide the 
     report to the Attorney General and the Director of National 
     Intelligence.
       (B) Comments.--The Attorney General or the Director of 
     National Intelligence may provide such comments to be 
     included in any report submitted under paragraph (3) or (4) 
     as the Attorney General or the Director of National 
     Intelligence may consider necessary.
       (6) Unclassified form.--Each report submitted under 
     paragraph (3) and any comments included in that report under 
     paragraph (5)(B) shall be in unclassified form, but may 
     include a classified annex.
       (d) Definitions.--In this section--
       (1) the terms ``Attorney General'', ``foreign intelligence 
     information'', and ``United States person'' have the meanings 
     given those terms in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801);
       (2) the term ``intelligence community'' has the meaning 
     given that term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 3003);
       (3) the term ``minimization procedures'' has the meaning 
     given that term in section 401 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1841), as amended by this 
     Act; and
       (4) the terms ``pen register'' and ``trap and trace 
     device'' have the meanings given those terms in section 3127 
     of title 18, United States Code.

     SEC. 11. DELAYED NOTICE SEARCH WARRANTS.

       Section 3103a(b)(3) of title 18, United States Code, is 
     amended by striking ``30 days'' and inserting ``7 days''.

     SEC. 12. INSPECTOR GENERAL REVIEWS.

       (a) Agency Assessments.--Section 702(l)(2) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2)) 
     is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``authorized to acquire foreign intelligence information 
     under subsection (a)'' and inserting ``with targeting or 
     minimization procedures approved under this section'';
       (2) in subparagraph (C), by inserting ``United States 
     persons or'' after ``later determined to be''; and
       (3) in subparagraph (D)--
       (A) in the matter preceding clause (i), by striking ``such 
     review'' and inserting ``review conducted under this 
     paragraph'';

[[Page S5027]]

       (B) in clause (ii), by striking ``and'' at the end;
       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii), the following:
       ``(iii) the Inspector General of the Intelligence 
     Community; and''.
       (b) Inspector General of the Intelligence Community 
     Review.--Section 702(l) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Inspector general of the intelligence community 
     review.--
       ``(A) In general.--The Inspector General of the 
     Intelligence Community is authorized to review the 
     acquisition, use, and dissemination of information acquired 
     under subsection (a) in order to review compliance with the 
     targeting and minimization procedures adopted in accordance 
     with subsections (d) and (e) and the guidelines adopted in 
     accordance with subsection (f), and in order to conduct the 
     review required under subparagraph (B).
       ``(B) Mandatory review.--The Inspector General of the 
     Intelligence Community shall review the procedures and 
     guidelines developed by the intelligence community to 
     implement this section, with respect to the protection of the 
     privacy rights of United States persons, including--
       ``(i) an evaluation of the limitations outlined in 
     subsection (b), the procedures approved in accordance with 
     subsections (d) and (e), and the guidelines adopted in 
     accordance with subsection (f), with respect to the 
     protection of the privacy rights of United States persons; 
     and
       ``(ii) an evaluation of the circumstances under which the 
     contents of communications acquired under subsection (a) may 
     be searched in order to review the communications of 
     particular United States persons.
       ``(C) Consideration of other reviews and assessments.--In 
     conducting a review under subparagraph (B), the Inspector 
     General of the Intelligence Community should take into 
     consideration, to the extent relevant and appropriate, any 
     reviews or assessments that have been completed or are being 
     undertaken under this section.
       ``(D) Report.--Not later than December 31, 2014, the 
     Inspector General of the Intelligence Community shall submit 
     a report regarding the reviews conducted under this paragraph 
     to--
       ``(i) the Attorney General;
       ``(ii) the Director of National Intelligence; and
       ``(iii) consistent with the Rules of the House of 
     Representatives, the Standing Rules of the Senate, and Senate 
     Resolution 400 of the 94th Congress or any successor Senate 
     resolution--

       ``(I) the congressional intelligence committees; and
       ``(II) the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.

       ``(E) Public reporting of findings and conclusions.--In a 
     manner consistent with the protection of the national 
     security of the United States, and in unclassified form, the 
     Inspector General of the Intelligence Community shall make 
     publicly available a summary of the findings and conclusions 
     of the review conducted under subparagraph (B).''.
       (c) Annual Reviews.--Section 702(l)(4)(A) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1881a(l)(4)(A)), as redesignated by subsection (b)(1), is 
     amended--
       (1) in the matter preceding clause (i)--
       (A) in the first sentence--
       (i) by striking ``conducting an acquisition authorized 
     under subsection (a)'' and inserting ``with targeting or 
     minimization procedures approved under this section''; and
       (ii) by striking ``the acquisition'' and inserting 
     ``acquisitions under subsection (a)''; and
       (B) in the second sentence, by striking ``The annual 
     review'' and inserting ``As applicable, the annual review''; 
     and
       (2) in clause (iii), by inserting ``United States persons 
     or'' after ``later determined to be''

     SEC. 13. ELECTRONIC SURVEILLANCE.

       Section 105(c)(1)(A) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1805(c)(1)(A)) is amended 
     by inserting ``with particularity'' after ``description''.

     SEC. 14. SEVERABILITY.

       If any provision of this Act or an amendment made by this 
     Act, or the application of the provision to any person or 
     circumstance, is held to be unconstitutional, the remainder 
     of this Act and the amendments made by this Act, and the 
     application of the provisions of this Act and the amendments 
     made by this Act to any other person or circumstance, shall 
     not be affected thereby.

     SEC. 15. OFFSET.

       Of the unobligated balances available in the Department of 
     Justice Assets Forfeiture Fund established under section 
     524(c)(1) of title 28, United States Code, $5,000,000 are 
     permanently rescinded and shall be returned to the general 
     fund of the Treasury.

     SEC. 16. EFFECTIVE DATE.

       The amendments made by sections 3, 4, 5, 6, 7, and 11 shall 
     take effect on the date that is 120 days after the date of 
     enactment of this Act.

                          ____________________