[Congressional Record Volume 160, Number 120 (Tuesday, July 29, 2014)]
[Senate]
[Pages S5053-S5066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Lee, Mr. Durbin, Mr. Heller, Mr. 
        Franken, Mr. Cruz, Mr. Blumenthal, Mr. Udall of New Mexico, Mr. 
        Coons, Mr. Heinrich, Mr. Markey, Ms. Hirono, Ms. Klobuchar, Mr. 
        Whitehouse, Mr. Schumer, and Mr. Sanders):
  S. 2685. A bill to reform the authorities of the Federal Government 
to require the production of certain business records, conduct 
electronic surveillance, use pen registers and trap and trace devices, 
and use other forms of information gathering for foreign intelligence, 
counterterrorism, and criminal purposes, and for other purposes; read 
the first time.

[[Page S5054]]

  Mr. LEAHY. Mr. President, I am going to speak on another issue. I see 
my distinguished colleague from Utah Senator Lee is on the floor. It is 
an issue he has worked with me on. We have tried to join together. It 
was more than a year ago that not only here in the United States but 
the whole world learned some very startling details about the massive 
scope of the National Security Agency's surveillance programs.
  Since then the American people, and actually, all three branches of 
government have been debating the same fundamental questions about the 
extent of government power that the Framers considered when they 
crafted the Constitution. Many of us had been arguing those same 
issues, whether in the Judiciary Committee, the Intelligence Committee, 
or others. But it was hard to get anybody's attention.
  Suddenly the whole world was listening.
  The obvious question is, when and how should the government be 
permitted to gather information about its citizens? How do we protect 
our country while we preserve our fundamental principles and our 
constitutional liberties? These questions are even more relevant and 
more complex as technology develops rapidly, and as more data is 
created every second.
  Nobody questions that the government cannot just walk into our 
houses, rifle through our drawers, our filing cabinets, and our 
cupboards, to see what we might have there. But that is not where we 
keep our data anymore. It is on computers. By the same token, they 
shouldn't have the right to rifle through our electronic files either. 
If they collect all this data, should the government be allowed to 
collect and use all of it?
  To what extent does this massive collection of data improve our 
national security and at what cost to our privacy and free expression? 
If we pick up everything, do we actually have anything?
  The Senate Judiciary Committee considered these and other important 
questions during the course of six public hearings held over the past 
year. During this deliberative process, the Committee considered 
whether the bulk collection of Americans' phone records has been 
effective in preventing terrorist attacks, the privacy implications of 
the program, and the effect on the U.S. technology industry. Those 
hearings helped to demonstrate the need for additional limits on 
government surveillance authorities.
  As these hearings continued, the call for an end to bulk collection 
under Section 215 of the USA PATRIOT Act grew louder and more 
persistent. The President's own Review Group on Intelligence and 
Communications Technology testified before the Judiciary Committee to 
call for an end to bulk collection, concluding that ``[t]he information 
contributed to terrorist investigations by the use of section 215 
telephony meta-data was not essential to preventing attacks and could 
readily have been obtained in a timely manner using conventional 
section 215 orders.'' The Privacy and Civil Liberties Oversight Board 
also called for an end to bulk collection, concluding that the program 
``lacks a viable legal foundation under Section 215.'' Technology 
executives, legal scholars and privacy advocates called for an end to 
bulk collection. These witnesses also proposed meaningful reforms to 
other government authorities, such as Section 702 of FISA, the pen 
register and trap and trace authorities under FISA, and the national 
security letter statutes.
  Then, earlier this year, President Obama himself embraced the growing 
consensus that the bulk collection of phone records should not continue 
in its current form.
  Just this week two new reports highlighted the costs of not placing 
reasonable limits on government surveillance, not just the significant 
economic cost if you don't put limits but the impact of journalistic 
freedom and also our right to counsel--our right to counsel--something 
we assume is an unalienable right, and it is, but it is being 
undermined.
  That is why the technology industry, the privacy and civil liberties 
community are unified in support for this bill. It is actually now time 
for Congress to act.
  That is why I am introducing the USA FREEDOM Act of 2014. It builds 
on the legislation that was passed by the House of Representatives in 
May, as well as the original bicameral, bipartisan legislation I 
introduced with Congressman Jim Sensenbrenner 10 months ago--last 
October.
  I continue to prefer the original version of the USA FREEDOM Act, but 
we are running short on time in this Congress. Since passage of the 
House version in May, I have been working to address concerns that the 
text of the House bill--though clearly intended to end bulk 
collection--did not do so effectively. I have worked with both 
Republicans and Democrats, House Members and Senators.
  I spent the past several months in discussions with the intelligence 
community and a wide range of stakeholders, other Senators, privacy and 
civil liberties groups, and our U.S. technology industry.
  The bill I am introducing today is the result of those hundreds of 
hours of negotiations and meetings.
  First, and most importantly, this bill ensures that the ban on bulk 
collection is a real ban on bulk collection and that it is effective. 
It ensures the government cannot rely on section 215 of the USA PATRIOT 
Act--the FISA pen register and trap-and-trace device statute or the 
national security letter statutes--to engage in the indiscriminate 
collection of Americans' private records: yours, mine or anybody else's 
who may be watching this debate.
  Under this legislation, when the government uses these authorities to 
collect information, it has to narrowly limit its collection based on a 
``specific selection term'' that identifies the focus of the 
collection. ``Specific selection term'' is carefully defined. For 
Section 215 and the pen register statute, the definition ensures that 
the government must use a term that is narrowly limited to the greatest 
extent reasonably practicable consistent with the purpose for seeking 
the information. The bill specifies the term cannot be a broad 
geographic area, such as city or State or ZIP Code or area code, nor 
can it simply be a service provider. For national security letters, the 
government must specifically identify the target about whom it seeks 
information. These provisions preclude the government from seeking 
large swaths of information that it does not need--and that might very 
well include private details about the lives of law-abiding Americans.

  As a backstop, the bill also mandates additional minimization 
procedures when the government's collection under Section 215 is likely 
to be overbroad. It requires the government to destroy data unrelated 
to its investigation within a reasonable time frame.
  Second, the bill enhances transparency regarding the government's use 
of surveillance tools. That is one of the best checks on a runaway 
government. FISA and other national security laws provide law 
enforcement with an extraordinary amount of power. The American people 
have a right to know how that power is exercised.
  Among other things, this bill requires the government to report to 
the public key information about the scope of the collection under a 
range of national security authorities, including the number of queries 
about Americans that it conducts in databases collected under Section 
702. It also allows private companies more leeway to disclose the 
number of FISA orders and national security letters they receive.
  I see the distinguished Senator from Minnesota, Mr. Franken, on the 
floor. I thank him in particular for his leadership and helping to 
draft these transparency provisions.
  Likewise, I thank Senator Blumenthal for his work on the bill's key 
reforms to the FISA Court. The bill requires the FISA Court and the 
FISA Court of Review, in consultation with the Privacy and Civil 
Liberties Oversight Board, to appoint a panel of special advocates who 
can advance legal positions supporting individual privacy and civil 
liberties--in other words, it will not be just one voice that is heard, 
we will actually have dissenting voices--and improve judicial review.
  The FISA Court would be required to appoint one of these advocates 
whenever it confronts a significant or novel issue of law, or it must 
issue a written finding that appointment of an advocate is not 
appropriate. The bill also requires the FISA Court to report the

[[Page S5055]]

number of times that it appoints or declines to appoint an advocate 
when confronting a novel or significant issue of law. This bill 
additionally provides a certification mechanism for appellate review of 
FISA Court decisions when the government prevails, and it provides a 
declassification process for significant FISA Court decisions.
  Finally, this bill improves the judicial review procedures for 
nondisclosure orders that accompany Section 215 orders and national 
security letters. These have been so overused. This legislation 
responds to decisions by Federal courts that found these provisions 
violate the First Amendment.
  While this bill contains significant reforms and improvements, it 
doesn't fix every problem, and we know there is more work to be done--
in particular, with regard to Section 702 of FISA and other broad 
government surveillance authorities that implicate the privacy rights 
of Americans.
  We could spend the next 20 years waiting to get 100 percent of 
everything we need. I would like to get most of what we need and then 
work on the rest.
  The bill provides for public reporting on Section 702. That will help 
set the stage for reform, but transparency alone is not enough. I will 
continue to work with both Republican and Democratic Senators and other 
outside experts to work on these issues.
  For developing the legislation, I consulted closely with the Office 
of the Director of National Intelligence, the NSA, the FBI, and the 
Department of Justice--and every single word of this bill was vetted 
with those agencies. I am grateful for their receptiveness to the 
public's concerns and for their constructive participation in this 
process. Together, we worked hard to ensure that this bill enacts 
significant and meaningful reforms to protect individual privacy, while 
providing the Intelligence Community with operational flexibility to 
safeguard this country.
  The Intelligence Community will still have the ability to safeguard 
this country--nobody is suggesting they shouldn't, but collecting 
everything is the same as having nothing. That was the mistake we had 
before 9/11, where we had the information that could have stopped the 
attack on 9/11, but we failed to look at it all.
  I am pleased the executive branch supports our bill. I am pleased the 
President agrees it should be enacted as soon as possible. But 
ultimately we--Senators and our colleagues in the other body--have the 
responsibility of the American people to do what is right and to 
protect the privacy of the American people. That is why we have worked 
hard with everybody to ensure the bill enacts meaningful reforms.
  This is the most important thing to remember: We can enact this bill, 
get it signed into law, and it would represent the most significant 
reform of government surveillance authorities since Congress passed the 
USA PATRIOT Act 13 years ago. It is a historic opportunity. We would be 
derelict in our duty to this country if we passed up that opportunity.
  I think if people such as Senator Lee, Senator Durbin, Senator 
Heller, Senator Franken, Senator Cruz, Senator Blumenthal, Senator Tom 
Udall, Senator Coons, Senator Heinrich, Senator Markey, Senator Hirono, 
Senator Klobuchar, and Senator Whitehouse have joined, this is not a 
partisan bill, this is not a Democratic or Republican bill, this is a 
good bill that protects America.

  I also note the particular contributions over many years of Senator 
Wyden and Senator Mark Udall. They have worked tirelessly to protect 
Americans' privacy from their posts on the Intelligence Committee.
  I am introducing this revised version of the USA FREEDOM Act today 
because we cannot afford to wait any longer to end the bulk collection 
of Americans' records. I am concerned that we are running out of time 
on the legislative calendar. Typically, my strong preference would be 
to take up the bill in the Judiciary Committee and mark it up. But 
given the need to act quickly, I am willing to forego regular order and 
take this bill directly to the Senate Floor.
  We cannot let this opportunity go by. This is a debate about 
Americans' fundamental relationship with their government, about 
whether our government should have the power to create massive 
databases of information about its citizens or whether we are in 
control of our own government, not the other way around.
  I believe we have to impose stronger limits on government 
surveillance powers. I am confident that most Vermonters, and most 
Americans, agree with me. We need to get this right, and we need to get 
it done without further delay.
  I close with one very quick story I have used before. About the only 
thing I have actually saved from a newspaper that was written about me, 
and I liked it so much I framed it. As the distinguished Presiding 
Officer knows, I live on a dirt road, a place where my wife and I 
celebrated our honeymoon 52 years ago. The adjoining farmer has known 
me since I was a little kid.
  The whole story in that paper goes like this: A man in an out-of-
State car on a Saturday morning drives up, sees the farmer on the 
porch, and says:
  Does Senator Leahy live up this way?
  He says: Are you a relative of his?
  Well, no, I am not.
  Are you a friend of his?
  Well, not really.
  Is he expecting you?
  No.
  Never heard of him.
  We like our privacy.
  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:

                                S. 2685

       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 ``Uniting 
     and Strengthening America by Fulfilling Rights and Ensuring 
     Effective Discipline Over Monitoring Act of 2014'' or the 
     ``USA FREEDOM Act of 2014''.
       (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.
Sec. 105. Liability protection.
Sec. 106. Compensation for assistance.
Sec. 107. Definitions.
Sec. 108. Inspector General reports on business records orders.
Sec. 109. Effective date.
Sec. 110. 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--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED 
                             STATES REFORMS

Sec. 301. Limits on use of unlawfully obtained information.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401. Appointment of amicus curiae.
Sec. 402. Declassification of decisions, orders, and opinions.

                TITLE V--NATIONAL SECURITY LETTER REFORM

Sec. 501. Prohibition on bulk collection.
Sec. 502. Limitations on disclosure of national security letters.
Sec. 503. Judicial review.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

Sec. 601. Additional reporting on orders requiring production of 
              business records; business records compliance reports to 
              Congress.
Sec. 602. Annual reports by the Government.
Sec. 603. Public reporting by persons subject to FISA orders.
Sec. 604. Reporting requirements for decisions, orders, and opinions of 
              the Foreign Intelligence Surveillance Court and the 
              Foreign Intelligence Surveillance Court of Review.
Sec. 605. Submission of reports under FISA.

                           TITLE VII--SUNSETS

Sec. 701. Sunsets.

     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)(2) (50 U.S.C. 1861(b)(2)) 
     is amended--

[[Page S5056]]

       (1) in subparagraph (A)--
       (A) 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
       (B) in clause (iii), by striking ``; and'' and inserting a 
     semicolon;
       (2) by redesignating subparagraphs (A) and (B) as 
     subparagraphs (B) and (D), respectively; and
       (3) by inserting after subparagraph (B) (as so 
     redesignated) the following new subparagraph:
       ``(C) in the case of an application for the production on a 
     daily 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 engaged in international terrorism or activities in 
     preparation therefor, or an agent of a foreign power engaged 
     in international terrorism or activities in preparation 
     therefor; and''.
       (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) of this subsection;
       ``(iii) provide that the Government may require the prompt 
     production of call detail records--

       ``(I) using the specific selection term that satisfies the 
     standard required under subsection (b)(2)(C)(ii) as the basis 
     for production; and
       ``(II) using call detail records with a direct connection 
     to such specific selection term as the basis for production 
     of a second set of call detail records;

       ``(iv) provide that, when produced, such records be in a 
     form that will be useful to the Government;
       ``(v) 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
       ``(vi) 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 a 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).''.
       (c) Minimization Procedures.--Section 501(g)(2) (50 U.S.C. 
     1861(g)(2)) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) by redesignating subparagraph (C) as subparagraph (D);
       (3) by inserting after subparagraph (B) the following:
       ``(C) for orders in which the specific selection term does 
     not specifically identify an individual, account, or personal 
     device, procedures that prohibit the dissemination, and 
     require the destruction within a reasonable time period 
     (which time period shall be specified in the order), of any 
     tangible thing or information therein that has not been 
     determined to relate to a person who is--
       ``(i) a subject of an authorized investigation;
       ``(ii) a foreign power or a suspected agent of a foreign 
     power;
       ``(iii) reasonably likely to have information about the 
     activities of--

       ``(I) a subject of an authorized investigation; or
       ``(II) a suspected agent of a foreign power who is 
     associated with a subject of an authorized investigation; or

       ``(iv) in contact with or known to--

       ``(I) a subject of an authorized investigation; or
       ``(II) a suspected agent of a foreign power who is 
     associated with a subject of an authorized investigation,

     unless the tangible thing or information therein indicates a 
     threat of death or serious bodily harm to any person or is 
     disseminated to another element of the intelligence community 
     for the sole purpose of determining whether the tangible 
     thing or information therein relates to a person who is 
     described in clause (i), (ii), (iii), or (iv); and''; and
       (4) in subparagraph (D), as so redesignated, by striking 
     ``(A) and (B)'' and inserting ``(A), (B), and (C)''.

     SEC. 104. JUDICIAL REVIEW.

       (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) Technical and conforming amendment.--Section 501(g)(1) 
     (50 U.S.C. 1861(g)(1)) is amended--

[[Page S5057]]

       (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 after ``adopt'' the following: ``, and 
     update as appropriate,''.
       (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 in accordance with an 
     order issued or an emergency production required under this 
     section; or
       ``(B) otherwise provides technical assistance to the 
     Government under this section or to implement the amendments 
     made to this section by the USA FREEDOM Act of 2014.
       ``(2) A production or provision of information, facilities, 
     or technical assistance 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 the amendments 
     made to this section by the USA FREEDOM Act of 2014.''.

     SEC. 107. DEFINITIONS.

       Section 501 (50 U.S.C. 1861), as amended by section 106 of 
     this Act, is further amended by adding at the end the 
     following new subsection:
       ``(k) Definitions.--In this section:
       ``(1) Address.--The term `address' means a physical address 
     or electronic address, such as an electronic mail address, 
     temporarily assigned network address, or Internet protocol 
     address.
       ``(2) Call detail record.--The term `call detail record'--
       ``(A) means session identifying information (including an 
     originating or terminating telephone number, an International 
     Mobile Subscriber Identity number, or an 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 (as defined in section 2510(8) of title 
     18, United States Code) of any communication;
       ``(ii) the name, address, or financial information of a 
     subscriber or customer; or
       ``(iii) cell site location information.
       ``(3) Specific selection term.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `specific selection term'--
       ``(i) means a term that specifically identifies a person, 
     account, address, or personal device, or another specific 
     identifier, that is used by the Government to narrowly limit 
     the scope of tangible things sought to the greatest extent 
     reasonably practicable, consistent with the purpose for 
     seeking the tangible things; and
       ``(ii) does not include a term that does not narrowly limit 
     the scope of the tangible things sought to the greatest 
     extent reasonably practicable, consistent with the purpose 
     for seeking the tangible things, such as--

       ``(I) a term based on a broad geographic region, including 
     a city, State, zip code, or area code, when not used as part 
     of a specific identifier as described in clause (i); or
       ``(II) a term identifying an electronic communication 
     service provider (as that term is defined in section 701) or 
     a provider of remote computing service (as that term is 
     defined in section 2711 of title 18, United States Code), 
     when not used as part of a specific identifier as described 
     in clause (i), unless the provider is itself a subject of an 
     authorized investigation for which the specific selection 
     term is used as the basis of production.

       ``(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.''.

     SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS 
                   ORDERS.

       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 
     2012 through 2014'' 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 new subparagraph:
       ``(C) with respect to calendar years 2012 through 2014, 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 
     new paragraph:
       ``(3) Calendar years 2012 through 2014.--Not later than 
     December 31, 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 through 2014.'';
       (3) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (4) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Intelligence Assessment.--
       ``(1) In general.--For the period beginning on January 1, 
     2012, and ending on December 31, 2014, the Inspector General 
     of the Intelligence Community shall assess--
       ``(A) the importance of the information acquired under 
     title V of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1861 et seq.) to the activities of the 
     intelligence community;
       ``(B) the manner in which that information was collected, 
     retained, analyzed, and disseminated by the intelligence 
     community;
       ``(C) the minimization procedures used by elements of the 
     intelligence community under such title and whether the 
     minimization procedures adequately protect the constitutional 
     rights of United States persons; and
       ``(D) any minimization procedures proposed by an element of 
     the intelligence community under such title that were 
     modified or denied by the court established under section 
     103(a) of such Act (50 U.S.C. 1803(a)).
       ``(2) Submission date for assessment.--Not later than 180 
     days after the date on which the Inspector General of the 
     Department of Justice submits the report required under 
     subsection (c)(3), the Inspector General of the Intelligence 
     Community 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 through 2014.'';
       (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 striking ``Inspector General of the Department of 
     Justice'' and inserting ``Inspector General of the Department 
     of Justice, the Inspector General of the Intelligence 
     Community, and any Inspector General of an element of the 
     intelligence community that prepares a report to assist the 
     Inspector General of the Department of Justice or the 
     Inspector General of the Intelligence Community in complying 
     with the requirements of this section''; and
       (B) in paragraph (2), by striking ``the reports submitted 
     under subsections (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 new subsection:
       ``(g) Definitions.--In this section:
       ``(1) Intelligence community.--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) United states person.--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).''.

     SEC. 109. EFFECTIVE DATE.

       (a) In General.--The amendments made by sections 101 
     through 103 shall take effect on the date that is 180 days 
     after the date of the enactment of this Act.
       (b) Rule of Construction.--Nothing in 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 prior to the effective date described in 
     subsection (a) during the period ending on such effective 
     date.

[[Page S5058]]

     SEC. 110. RULE OF CONSTRUCTION.

       Nothing in 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)--
       (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 and inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) a specific selection term to be used as the basis for 
     the installation or use of the pen register or trap and trace 
     device.''.
       (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by 
     adding at the end the following new paragraph:
       ``(4)(A) The term `specific selection term'--
       ``(i) means a term that specifically identifies a person, 
     account, address, or personal device, or another specific 
     identifier, that is used by the Government to narrowly limit 
     the scope of information sought to the greatest extent 
     reasonably practicable, consistent with the purpose for the 
     installation or use of the pen register or trap and trace 
     device; and
       ``(ii) does not include a term that does not narrowly limit 
     the scope of information sought to the greatest extent 
     reasonably practicable, consistent with the purpose for the 
     installation or use of the pen register or trap and trace 
     device, such as--
       ``(I) a term based on a broad geographic region, including 
     a city, State, zip code, or area code, when not used as part 
     of a specific identifier as described in clause (i); or
       ``(II) a term identifying an electronic communication 
     service provider (as defined in section 701) or a provider of 
     remote computing service (as that term is defined in section 
     2711 of title 18, United States Code), when not used as part 
     of a specific identifier as described in clause (i), unless 
     the provider is itself a subject of an authorized 
     investigation for which the specific selection term is used 
     as the basis for the installation or use of the pen register 
     or trap and trace device.
       ``(B) For purposes of subparagraph (A), the term `address' 
     means a physical address or electronic address, such as an 
     electronic mail address, temporarily assigned network 
     address, or Internet protocol address.''.

     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 privacy protections that apply to 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.
       ``(3) Compliance assessment.--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 the privacy procedures required by this 
     subsection by reviewing the circumstances under which 
     information concerning United States persons was collected, 
     retained, or disseminated.''.
       (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 trace device installed 
     under this section shall be subject to the policies and 
     procedures required under section 402(h).''.

   TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED 
                             STATES REFORMS

     SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

       Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by 
     adding at the end the following new subparagraph:
       ``(D) Limitation on use of information.--
       ``(i) In general.--Except as provided in clause (ii), if 
     the Court orders a correction of a deficiency in a 
     certification or procedures under subparagraph (B), no 
     information obtained or evidence derived pursuant to the part 
     of the certification or procedures that has been identified 
     by the Court as deficient concerning any United States person 
     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 
     pursuant to such part of such certification or procedures 
     shall subsequently be used or disclosed in any other manner 
     by Federal officers or employees without the consent of the 
     United States person, except with the approval of the 
     Attorney General if the information indicates a threat of 
     death or serious bodily harm to any person.
       ``(ii) Exception.--If the Government corrects any 
     deficiency identified by the order of the Court under 
     subparagraph (B), the Court may permit the use or disclosure 
     of information obtained before the date of the correction 
     under such minimization procedures as the Court shall 
     establish for purposes of this clause.''.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

     SEC. 401. APPOINTMENT OF AMICUS CURIAE.

       Section 103 (50 U.S.C. 1803) is amended by adding at the 
     end the following new subsection:
       ``(i) Amicus Curiae.--
       ``(1) Appointment of special advocates.--In consultation 
     with the Privacy and Civil Liberties Oversight Board, the 
     presiding judges of the courts established under subsections 
     (a) and (b) shall, not later than 180 days after the 
     enactment of this subsection, jointly appoint not fewer than 
     5 attorneys to serve as special advocates, who shall serve 
     pursuant to rules the presiding judges may establish. Such 
     individuals shall be persons who possess expertise in privacy 
     and civil liberties, intelligence collection, 
     telecommunications, or any other relevant area of expertise 
     and who are determined to be eligible for access to 
     classified information necessary to participate in matters 
     before the courts.
       ``(2) Authorization.--A court established under subsection 
     (a) or (b), consistent with the requirement of subsection (c) 
     and any other statutory requirement that the court act 
     expeditiously or within a stated time--
       ``(A) shall designate a special advocate to serve as amicus 
     curiae to assist such court in the consideration of any 
     certification pursuant to subsection (j) or any application 
     for an order or review that, in the opinion of the court, 
     presents a novel or significant interpretation of the law, 
     unless the court issues a written finding that such 
     appointment is not appropriate; and
       ``(B) may designate or allow an individual or organization 
     to serve as amicus curiae or to provide technical expertise 
     in any other instance as such court deems appropriate.
       ``(3) Rule of construction.--An application for an order or 
     review shall be considered to present a novel or significant 
     interpretation of the law if such application involves 
     application of settled law to novel technologies or 
     circumstances, or any other novel or significant construction 
     or interpretation of any provision of law or of the 
     Constitution of the United States, including any novel and 
     significant interpretation of the term `specific selection 
     term'.
       ``(4) Duties.--
       ``(A) In general.--If a court established under subsection 
     (a) or (b) designates a special advocate to participate as an 
     amicus curiae in a proceeding, the special advocate--
       ``(i) shall advocate, as appropriate, in support of legal 
     interpretations that advance individual privacy and civil 
     liberties;
       ``(ii) shall have access to all relevant legal precedent, 
     and any application, certification, petition, motion, or such 
     other materials as are relevant to the duties of the special 
     advocate;
       ``(iii) may consult with any other special advocates 
     regarding information relevant to any assigned case, 
     including sharing relevant materials; and
       ``(iv) may request that the court appoint technical and 
     subject matter experts, not employed by the Government, to be 
     available to assist the special advocate in performing the 
     duties of the special advocate.
       ``(B) Briefings or access to materials.--The Attorney 
     General shall periodically brief or provide relevant 
     materials to special advocates regarding constructions and 
     interpretations of this Act and legal, technological and 
     other issues related to actions authorized by this Act.
       ``(C) Access to classified information.--
       ``(i) In general.--A special advocate, experts appointed to 
     assist a special advocate, or any other amicus or technical 
     expert appointed by the court may have access to classified 
     documents, information, and other materials or proceedings 
     only if that individual is eligible for access to classified 
     information and to the extent consistent with the national 
     security of the United States.
       ``(ii) Rule of construction.--Nothing in this section shall 
     be construed to require the Government to provide information 
     to a special advocate, other amicus, or technical expert that 
     is privileged from disclosure.
       ``(5) Notification.--The presiding judges of the courts 
     established under subsections (a) and (b) shall notify the 
     Attorney General of each exercise of the authority to appoint 
     an individual to serve as amicus curiae under paragraph (1).
       ``(6) Assistance.--A court established under subsection (a) 
     or (b) may request and receive (including on a non-
     reimbursable

[[Page S5059]]

     basis) the assistance of the executive branch in the 
     implementation of this subsection.
       ``(7) Administration.--A court established under subsection 
     (a) or (b) may provide for the designation, appointment, 
     removal, training, or other support for an individual 
     appointed to serve as a special advocate under paragraph (1) 
     in a manner that is not inconsistent with this subsection.
       ``(j) Review of FISA Court Decisions.--After issuing an 
     order, a court established under subsection (a) shall certify 
     for review to the court established under subsection (b) any 
     question of law 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 paragraph, 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 any decision issued by the court 
     of review established under subsection (b) approving, in 
     whole or in part, an application by the Government under this 
     Act, such court may certify at any time, including after a 
     decision, a question of law to be reviewed by the Supreme 
     Court of the United States.
       ``(2) Special advocate briefing.--Upon certification of an 
     application under paragraph (1), the court of review 
     established under subsection (b) may designate a special 
     advocate to provide briefing as prescribed by the Supreme 
     Court.
       ``(3) Review.--The Supreme Court may review any question of 
     law certified under paragraph (1) by the court of review 
     established under subsection (b) in the same manner as the 
     Supreme Court reviews questions certified under section 
     1254(2) of title 28, United States Code.
       ``(l) Payment for Service as Special Advocate.--A special 
     advocate designated in a proceeding pursuant to subsection 
     (i)(2)(A) of this section may seek, at the conclusion of the 
     proceeding in which the special advocate was designated, 
     compensation for services provided pursuant to the 
     designation. A special advocate seeking compensation shall be 
     compensated in an amount reflecting fair compensation for the 
     services provided, as determined by the court designating the 
     special advocate and approved by the presiding judges of the 
     courts established under subsections (a) and (b).
       ``(m) Appropriations.--There are authorized to be 
     appropriated to the United States courts such sums as may be 
     necessary to carry out the provisions of this section. When 
     so specified in appropriation acts, such appropriations shall 
     remain available until expended. Payments from such 
     appropriations shall be made under the supervision of the 
     Director of the Administrative Office of the United States 
     Courts.''.

     SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND 
                   OPINIONS.

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

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

       ``(a) Declassification Required.--Subject to subsection 
     (b), the Director of National Intelligence, in consultation 
     with the Attorney General, shall conduct a declassification 
     review of each decision, order, or opinion issued by the 
     Foreign Intelligence Surveillance Court or the Foreign 
     Intelligence Surveillance Court of Review (as defined in 
     section 601(e)) that includes a significant construction or 
     interpretation of law, including any novel or significant 
     construction or interpretation of the term `specific 
     selection term', and, consistent with that review, make 
     publicly available to the greatest extent practicable each 
     such decision, order, or opinion.
       ``(b) Redacted Form.--The Director of National 
     Intelligence, in consultation with the Attorney General, may 
     satisfy the requirement under subsection (a) to make a 
     decision, order, or opinion described in such subsection 
     publicly available to the greatest extent practicable by 
     making such decision, order, or opinion publicly available in 
     redacted form.
       ``(c) National Security Waiver.--The Director of National 
     Intelligence, in consultation with the Attorney General, may 
     waive the requirement to declassify and make publicly 
     available a particular decision, order, or opinion under 
     subsection (a) if--
       ``(1) the Director of National Intelligence, in 
     consultation with the Attorney General, determines that a 
     waiver of such requirement is necessary to protect the 
     national security of the United States or properly classified 
     intelligence sources or methods; and
       ``(2) the Director of National Intelligence makes publicly 
     available an unclassified statement prepared by the Attorney 
     General, in consultation with the Director of National 
     Intelligence--
       ``(A) summarizing the significant construction or 
     interpretation of law, which shall include, to the extent 
     consistent with national security, each legal question 
     addressed by the decision and how such question was resolved, 
     in general terms the context in which the matter arises, and 
     a description of the construction or interpretation of any 
     statute, constitutional provision, or other legal authority 
     relied on by the decision; and
       ``(B) that specifies that the statement has been prepared 
     by the Attorney General and constitutes no part of the 
     opinion of the Foreign Intelligence Surveillance Court or the 
     Foreign Intelligence Surveillance Court of Review.''.
       (b) Table of Contents Amendments.--The table of contents in 
     the first section is amended--
       (1) by striking the item relating to title VI and inserting 
     the following new item:

                        ``TITLE VI--OVERSIGHT'';

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

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

                TITLE V--NATIONAL SECURITY LETTER REFORM

     SEC. 501. 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 a 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 ``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.''.

     SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY 
                   LETTERS.

       (a) Counterintelligence Access to Telephone Toll and 
     Transactional Records.--Section 2709 of title 18, United 
     States Code, is amended by striking subsection (c) and 
     inserting the following new subsection:
       ``(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 subsection (d) is provided, no wire or electronic 
     communication service provider that receives a request under 
     subsection (b), or officer, employee, or agent thereof, shall 
     disclose to any person that 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 the absence of a prohibition of 
     disclosure under this subsection may result in--
       ``(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 that receives a request under subsection 
     (b), or officer, employee, or agent thereof, 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) Application.--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 (b) in the same manner as the person 
     to whom the request is issued.

[[Page S5060]]

       ``(C) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall notify the person of the 
     applicable nondisclosure requirement.
       ``(D) Identification of disclosure recipients.--At the 
     request of the Director of the Federal Bureau of 
     Investigation or the designee of the Director, any person 
     making or intending to make a disclosure under clause (i) or 
     (iii) of subparagraph (A) shall identify to the Director or 
     such designee the person to whom such disclosure will be made 
     or to whom such disclosure was made prior to the request.
       ``(3) Termination.--
       ``(A) In general.--In the case of any request under 
     subsection (b) for which a recipient has submitted a 
     notification to the Government under section 3511(b)(1)(A) or 
     filed a petition for judicial review under subsection (d)--
       ``(i) an appropriate official of the Federal Bureau of 
     Investigation shall, until termination of the nondisclosure 
     requirement, review the facts supporting a nondisclosure 
     requirement annually and upon closure of the investigation; 
     and
       ``(ii) if, upon a review under clause (i), the facts no 
     longer support the nondisclosure requirement, 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, and the court as appropriate, that 
     the nondisclosure requirement is no longer in effect.
       ``(B) Closure of investigation.--Upon closure of the 
     investigation--
       ``(i) the Federal Bureau of Investigation may petition the 
     court before which a notification or petition for judicial 
     review under subsection (d) has been filed for a 
     determination that disclosure may result in the harm 
     described in clause (i), (ii), (iii), or (iv) of paragraph 
     (1)(B), if it notifies the recipient of such petition;
       ``(ii) the court shall review such a petition pursuant to 
     the procedures under section 3511; and
       ``(iii) if the court determines that there is reason to 
     believe that disclosure may result in the harm described in 
     clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the 
     Federal Bureau of Investigation shall no longer be required 
     to conduct the annual review of the facts supporting the 
     nondisclosure requirement under subparagraph (A).''.
       (b) Access to Financial Records for Certain Intelligence 
     and Protective Purposes.--Section 1114 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended--
       (1) in subsection (a)(5), by striking subparagraph (D); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(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 subsection (d) is provided, no financial institution 
     that receives a request under subsection (a), or officer, 
     employee, or agent thereof, shall disclose to any person that 
     the Federal Bureau of Investigation has sought or obtained 
     access to information or records under subsection (a).
       ``(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 the absence of a prohibition of 
     disclosure under this subsection may result in--
       ``(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 financial institution that receives a 
     request under subsection (a), or officer, employee, or agent 
     thereof, 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) Application.--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.
       ``(C) 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.
       ``(D) Identification of disclosure recipients.--At the 
     request of the Director of the Federal Bureau of 
     Investigation or the designee of the Director, any person 
     making or intending to make a disclosure under clause (i) or 
     (iii) of subparagraph (A) shall identify to the Director or 
     such designee the person to whom such disclosure will be made 
     or to whom such disclosure was made prior to the request.
       ``(3) Termination.--
       ``(A) In general.--In the case of any request under 
     subsection (a) for which a recipient has submitted a 
     notification to the Government under section 3511(b)(1)(A) of 
     title 18, United States Code, or filed a petition for 
     judicial review under subsection (d)--
       ``(i) an appropriate official of the Federal Bureau of 
     Investigation shall, until termination of the nondisclosure 
     requirement, review the facts supporting a nondisclosure 
     requirement annually and upon closure of the investigation; 
     and
       ``(ii) if, upon a review under clause (i), the facts no 
     longer support the nondisclosure requirement, 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, and the court as appropriate, that the 
     nondisclosure requirement is no longer in effect.
       ``(B) Closure of investigation.--Upon closure of the 
     investigation--
       ``(i) the Federal Bureau of Investigation may petition the 
     court before which a notification or petition for judicial 
     review under subsection (d) has been filed for a 
     determination that disclosure may result in the harm 
     described in clause (i), (ii), (iii), or (iv) of paragraph 
     (1)(B), if it notifies the recipient of such petition;
       ``(ii) the court shall review such a petition pursuant to 
     the procedures under section 3511 of title 18, United States 
     Code; and
       ``(iii) if the court determines that there is reason to 
     believe that disclosure may result in the harm described in 
     clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the 
     Federal Bureau of Investigation shall no longer be required 
     to conduct the annual review of the facts supporting the 
     nondisclosure requirement under subparagraph (A).''.
       (c) 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 new subsection:
       ``(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 subsection (e) is provided, no consumer reporting 
     agency that receives a request under subsection (a) or (b) or 
     an order under subsection (c), or officer, employee, or agent 
     thereof, 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 the absence of a prohibition of 
     disclosure under this subsection may result in--
       ``(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 that 
     receives a request under subsection (a) or (b) or an order 
     under subsection (c), or officer, employee, or agent thereof, 
     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) Application.--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 under 
     subsection (a) or (b) or an order under subsection (c) is 
     issued in the same manner as the person to whom the request 
     is issued.
       ``(C) 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.
       ``(D) Identification of disclosure recipients.--At the 
     request of the Director of the Federal Bureau of 
     Investigation or the designee of the Director, any person 
     making or intending to make a disclosure under clause (i) or 
     (iii) of subparagraph (A) shall identify to the Director or 
     such designee the person to whom such disclosure will be made 
     or to whom such disclosure was made prior to the request.
       ``(3) Termination.--
       ``(A) In general.--In the case of any request under 
     subsection (a) or (b) or order under subsection (c) for which 
     a recipient has submitted a notification to the Government 
     under section 3511(b)(1)(A) of title 18, United States Code, 
     or filed a petition for judicial review under subsection 
     (e)--

[[Page S5061]]

       ``(i) an appropriate official of the Federal Bureau of 
     Investigation shall, until termination of the nondisclosure 
     requirement, review the facts supporting a nondisclosure 
     requirement annually and upon closure of the investigation; 
     and
       ``(ii) if, upon a review under clause (i), the facts no 
     longer support the nondisclosure requirement, 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, and the court as appropriate, that the 
     nondisclosure requirement is no longer in effect.
       ``(B) Closure of investigation.--Upon closure of the 
     investigation--
       ``(i) the Federal Bureau of Investigation may petition the 
     court before which a notification or petition for judicial 
     review under subsection (e) has been filed for a 
     determination that disclosure may result in the harm 
     described in clause (i), (ii), (iii), or (iv) of paragraph 
     (1)(B), if it notifies the recipient of such petition;
       ``(ii) the court shall review such a petition pursuant to 
     the procedures under section 3511 of title 18, United States 
     Code; and
       ``(iii) if the court determines that there is reason to 
     believe that disclosure may result in the harm described in 
     clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the 
     Federal Bureau of Investigation shall no longer be required 
     to conduct the annual review of the facts supporting the 
     nondisclosure requirement under subparagraph (A).''.
       (d) Consumer Reports.--Section 627 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681v) is amended by striking 
     subsection (c) and inserting the following new subsection:
       ``(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 subsection (d) is provided, no consumer reporting 
     agency that receives a request under subsection (a), or 
     officer, employee, or agent thereof, shall disclose or 
     specify in any consumer report, that a government agency 
     described in subsection (a) has sought or obtained access to 
     information or records under subsection (a).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the head of the government agency described in 
     subsection (a), or a designee, certifies that the absence of 
     a prohibition of disclosure under this subsection may result 
     in--
       ``(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 that 
     receives a request under subsection (a), or officer, 
     employee, or agent thereof, 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 described in subsection (a) or a designee.
       ``(B) Application.--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 under 
     subsection (a) is issued in the same manner as the person to 
     whom the request is issued.
       ``(C) 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.
       ``(D) Identification of disclosure recipients.--At the 
     request of the head of the government agency described in 
     subsection (a) or a designee, any person making or intending 
     to make a disclosure under clause (i) or (iii) of 
     subparagraph (A) shall identify to the head or such designee 
     the person to whom such disclosure will be made or to whom 
     such disclosure was made prior to the request.
       ``(3) Termination.--
       ``(A) In general.--In the case of any request under 
     subsection (a) for which a recipient has submitted a 
     notification to the Government under section 3511(b)(1)(A) of 
     title 18, United States Code, or filed a petition for 
     judicial review under subsection (d)--
       ``(i) an appropriate official of the agency described in 
     subsection (a) shall, until termination of the nondisclosure 
     requirement, review the facts supporting a nondisclosure 
     requirement annually and upon closure of the investigation; 
     and
       ``(ii) if, upon a review under clause (i), the facts no 
     longer support the nondisclosure requirement, an appropriate 
     official of the agency described in subsection (a) shall 
     promptly notify the consumer reporting agency, or officer, 
     employee, or agent thereof, subject to the nondisclosure 
     requirement, and the court as appropriate, that the 
     nondisclosure requirement is no longer in effect.
       ``(B) Closure of investigation.--Upon closure of the 
     investigation--
       ``(i) the agency described in subsection (a) may petition 
     the court before which a notification or petition for 
     judicial review under subsection (d) has been filed for a 
     determination that disclosure may result in the harm 
     described in clause (i), (ii), (iii), or (iv) of paragraph 
     (1)(B), if it notifies the recipient of such petition;
       ``(ii) the court shall review such a petition pursuant to 
     the procedures under section 3511 of title 18, United States 
     Code; and
       ``(iii) if the court determines that there is reason to 
     believe that disclosure may result in the harm described in 
     clause (i), (ii), (iii), or (iv) of paragraph (1)(B), the 
     agency described in subsection (1) shall no longer be 
     required to conduct the annual review of the facts supporting 
     the nondisclosure requirement under subparagraph (A).''.
       (e) Investigations of Persons With Access to Classified 
     Information.--Section 802 of the National Security Act of 
     1947 (50 U.S.C. 3162) is amended by striking subsection (b) 
     and inserting the following new subsection:
       ``(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 subsection (c) is provided, no governmental or private 
     entity that receives a request under subsection (a), or 
     officer, employee, or agent thereof, 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 
     the absence of a prohibition of disclosure under this 
     subsection may result in--
       ``(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 that 
     receives a request under subsection (a), or officer, 
     employee, or agent thereof, 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) 
     or a designee.
       ``(B) Application.--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.
       ``(C) 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.
       ``(D) Identification of disclosure recipients.--At the 
     request of the head of an authorized investigative agency 
     described in subsection (a), or a designee, any person making 
     or intending to make a disclosure under clause (i) or (iii) 
     of subparagraph (A) shall identify to the head of the 
     authorized investigative agency or such designee the person 
     to whom such disclosure will be made or to whom such 
     disclosure was made prior to the request.
       ``(3) Termination.--
       ``(A) In general.--In the case of any request for which a 
     recipient has submitted a notification to the Government 
     under section 3511(b)(1)(A) of title 18, United States Code, 
     or filed a petition for judicial review under subsection 
     (c)--
       ``(i) an appropriate official of the authorized 
     investigative agency making the request under subsection (a) 
     shall, until termination of the nondisclosure requirement, 
     review the facts supporting a nondisclosure requirement 
     annually and upon closure of the investigation; and
       ``(ii) if, upon a review under clause (i), the facts no 
     longer support the nondisclosure requirement, an appropriate 
     official of the authorized investigative agency making the 
     request under subsection (a) shall promptly notify the 
     recipient of the request, or officer, employee, or agent 
     thereof, subject to the nondisclosure requirement, and the 
     court as appropriate, that the nondisclosure requirement is 
     no longer in effect.
       ``(B) Closure of investigation.--Upon closure of the 
     investigation--
       ``(i) the authorized investigative agency making the 
     request under subsection (a) may petition the court before 
     which a notification or petition for judicial review under 
     subsection (c) has been filed for a determination that 
     disclosure may result in the harm described in clause (i), 
     (ii), (iii), or (iv) of paragraph (1)(B), if it notifies the 
     recipient of such petition;
       ``(ii) the court shall review such a petition pursuant to 
     the procedures under section 3511 of title 18, United States 
     Code; and
       ``(iii) if the court determines that there is reason to 
     believe that disclosure may result in the harm described in 
     clause (i), (ii), (iii),

[[Page S5062]]

     or (iv) of paragraph (1)(B), the authorized investigative 
     agency shall no longer be required to conduct the annual 
     review of the facts supporting the nondisclosure requirement 
     under subparagraph (A).''.
       (f) Judicial Review.--Section 3511 of title 18, United 
     States Code, is amended by striking subsection (b) and 
     inserting the following new subsection:
       ``(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 may notify the Government or file a petition for 
     judicial review in any court described in subsection (a).
       ``(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 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 a petition under subparagraph (A) or 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 or a response to a 
     petition filed under paragraph (1) 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 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, 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 the absence of a prohibition of disclosure 
     under this subsection may 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.
       ``(3) Standard.--A district court of the United States 
     shall issue a nondisclosure order or extension thereof under 
     this subsection if the court determines that there is reason 
     to believe that disclosure of the information subject to the 
     nondisclosure requirement during the applicable time period 
     may 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.''.

     SEC. 503. JUDICIAL REVIEW.

       (a) Counterintelligence Access to Telephone Toll and 
     Transactional Records.--Section 2709 of title 18, United 
     States Code, is amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Judicial Review.--
       ``(1) In general.--A request under subsection (b) or a 
     nondisclosure requirement imposed in connection with such 
     request under subsection (c) shall be subject to judicial 
     review under section 3511.
       ``(2) Notice.--A request under subsection (b) shall include 
     notice of the availability of judicial review described in 
     paragraph (1).''.
       (b) Access to Financial Records for Certain Intelligence 
     and Protective Purposes.--Section 1114 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Judicial Review.--
       ``(1) In general.--A request under subsection (a) or a 
     nondisclosure requirement imposed in connection with such 
     request under subsection (c) shall be subject to judicial 
     review under section 3511 of title 18, United States Code.
       ``(2) Notice.--A request under subsection (a) shall include 
     notice of the availability of judicial review described in 
     paragraph (1).''.
       (c) Identity of Financial Institutions and Credit 
     Reports.--Section 626 of the Fair Credit Reporting Act (15 
     U.S.C. 1681u) is amended--
       (1) by redesignating subsections (e) through (m) as 
     subsections (f) through (n), respectively; and
       (2) by inserting after subsection (d) the following new 
     subsection:
       ``(e) Judicial Review.--
       ``(1) In general.--A request under subsection (a) or (b) or 
     an order under subsection (c) or a non-disclosure requirement 
     imposed in connection with such request under subsection (d) 
     shall be subject to judicial review under section 3511 of 
     title 18, United States Code.
       ``(2) Notice.--A request under subsection (a) or (b) or an 
     order under subsection (c) shall include notice of the 
     availability of judicial review described in paragraph 
     (1).''.
       (d) Identity of Financial Institutions and Credit 
     Reports.--Section 627 of the Fair Credit Reporting Act (15 
     U.S.C. 1681v) is amended--
       (1) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Judicial Review.--
       ``(1) In general.--A request under subsection (a) or a non-
     disclosure requirement imposed in connection with such 
     request under subsection (c) shall be subject to judicial 
     review under section 3511 of title 18, United States Code.
       ``(2) Notice.--A request under subsection (a) shall include 
     notice of the availability of judicial review described in 
     paragraph (1).''.
       (e) Investigations of Persons With Access to Classified 
     Information.--Section 802 of the National Security Act of 
     1947 (50 U.S.C. 3162) is amended--
       (1) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Judicial Review.--
       ``(1) In general.--A request under subsection (a) or a 
     nondisclosure requirement imposed in connection with such 
     request under subsection (b) shall be subject to judicial 
     review under section 3511 of title 18, United States Code.
       ``(2) Notice.--A request under subsection (a) shall include 
     notice of the availability of judicial review described in 
     paragraph (1).''.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

     SEC. 601. 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. 602. ANNUAL REPORTS BY THE GOVERNMENT.

       (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as 
     amended by section 402 of this Act, is further amended by 
     adding at the end the following new section:

     ``SEC. 603. ANNUAL REPORTS.

       ``(a) Report by Director of the Administrative Office of 
     the United States Courts.--The Director of the Administrative 
     Office of the United States Courts shall annually submit to 
     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, subject to a declassification 
     review by the Attorney General and the Director of National 
     Intelligence, a report, made publicly available on an 
     Internet Web site, that includes--
       ``(1) the number of applications or certifications for 
     orders submitted under each of sections 105, 304, 402, 501, 
     702, 703, and 704;
       ``(2) the number of orders entered under each of those 
     sections;
       ``(3) the number of orders modified under each of those 
     sections;
       ``(4) the number of orders denied under each of those 
     sections;
       ``(5) the number of appointments of an individual to serve 
     as amicus curiae under section 103, including the name of 
     each individual appointed to serve as amicus curiae; and
       ``(6) the number of written findings issued under section 
     103(i) that such appointment is not appropriate and the text 
     of any such written findings.
       ``(b) Mandatory Reporting by Director of National 
     Intelligence.--

[[Page S5063]]

       ``(1) In general.--Except as provided in subsection (e), 
     the Director of National Intelligence shall annually make 
     publicly available on an Internet Web site a report that 
     identifies, for the preceding 12-month period--
       ``(A) the total number of orders issued pursuant to titles 
     I and III and sections 703 and 704 and a good faith estimate 
     of the number of targets of such orders;
       ``(B) the total number of orders issued pursuant to section 
     702 and a good faith estimate of--
       ``(i) the number of targets of such orders;
       ``(ii) the number of individuals whose communications were 
     collected pursuant to such orders;
       ``(iii) the number of individuals whose communications were 
     collected pursuant to such orders who are reasonably believed 
     to have been located in the United States at the time of 
     collection;
       ``(iv) the number of search terms that included information 
     concerning a United States person that were used to query any 
     database of the contents of electronic communications or wire 
     communications obtained through the use of an order issued 
     pursuant to section 702; and
       ``(v) the number of search queries initiated by an officer, 
     employee, or agent of the United States whose search terms 
     included information concerning a United States person in any 
     database of noncontents information relating to electronic 
     communications or wire communications that were obtained 
     through the use of an order issued pursuant to section 702;
       ``(C) the total number of orders issued pursuant to title 
     IV and a good faith estimate of--
       ``(i) the number of targets of such orders;
       ``(ii) the number of individuals whose communications were 
     collected pursuant to such orders; and
       ``(iii) the number of individuals whose communications were 
     collected pursuant to such orders who are reasonably believed 
     to have been located in the United States at the time of 
     collection;
       ``(D) the total number of orders issued pursuant to 
     applications made under section 501(b)(2)(B) and a good faith 
     estimate of--
       ``(i) the number of targets of such orders;
       ``(ii) the number of individuals whose communications were 
     collected pursuant to such orders; and
       ``(iii) the number of individuals whose communications were 
     collected pursuant to such orders who are reasonably believed 
     to have been located in the United States at the time of 
     collection;
       ``(E) the total number of orders issued pursuant to 
     applications made under section 501(b)(2)(C) and a good faith 
     estimate of--
       ``(i) the number of targets of such orders;
       ``(ii) the number of individuals whose communications were 
     collected pursuant to such orders;
       ``(iii) the number of individuals whose communications were 
     collected pursuant to such orders who are reasonably believed 
     to have been located in the United States at the time of 
     collection; and
       ``(iv) the number of search terms that included information 
     concerning a United States person that were used to query any 
     database of call detail records obtained through the use of 
     such orders; and
       ``(F) the total number of national security letters issued 
     and the number of requests for information contained within 
     such national security letters.
       ``(2) Basis for reasonable belief individual is located in 
     united states.--A phone number registered in the United 
     States may provide the basis for a reasonable belief that the 
     individual using the phone number is located in the United 
     States at the time of collection.
       ``(c) Discretionary Reporting by Director of National 
     Intelligence.--The Director of National Intelligence may 
     annually make publicly available on an Internet Web site a 
     report that identifies, for the preceding 12-month period--
       ``(1) a good faith estimate of the number of individuals 
     whose communications were collected pursuant to orders issued 
     pursuant to titles I and III and sections 703 and 704 
     reasonably believed to have been located in the United States 
     at the time of collection whose information was reviewed or 
     accessed by an officer, employee, or agent of the United 
     States;
       ``(2) a good faith estimate of the number of individuals 
     whose communications were collected pursuant to orders issued 
     pursuant to section 702 reasonably believed to have been 
     located in the United States at the time of collection whose 
     information was reviewed or accessed by an officer, employee, 
     or agent of the United States;
       ``(3) a good faith estimate of the number of individuals 
     whose communications were collected pursuant to orders issued 
     pursuant to title IV reasonably believed to have been located 
     in the United States at the time of collection whose 
     information was reviewed or accessed by an officer, employee, 
     or agent of the United States;
       ``(4) a good faith estimate of the number of individuals 
     whose communications were collected pursuant to orders issued 
     pursuant to applications made under section 501(b)(2)(B) 
     reasonably believed to have been located in the United States 
     at the time of collection whose information was reviewed or 
     accessed by an officer, employee, or agent of the United 
     States; and
       ``(5) a good faith estimate of the number of individuals 
     whose communications were collected pursuant to orders issued 
     pursuant to applications made under section 501(b)(2)(C) 
     reasonably believed to have been located in the United States 
     at the time of collection whose information was reviewed or 
     accessed by an officer, employee, or agent of the United 
     States.
       ``(d) Timing.--The annual reports required by subsections 
     (a) and (b) and permitted by subsection (c) shall be made 
     publicly available during April of each year and include 
     information relating to the previous year.
       ``(e) Exceptions.--
       ``(1) Reporting by unique identifier.--If it is not 
     practicable to report the good faith estimates required by 
     subsection (b) and permitted by subsection (c) in terms of 
     individuals, the good faith estimates may be counted in terms 
     of unique identifiers, including names, account names or 
     numbers, addresses, or telephone or instrument numbers.
       ``(2) Statement of numerical range.--If a good faith 
     estimate required to be reported under clauses (ii) or (iii) 
     of each of subparagraphs (B), (C), (D), and (E) of paragraph 
     (1) of subsection (b) or permitted to be reported in 
     subsection (c), is fewer than 500, it shall exclusively be 
     expressed as a numerical range of `fewer than 500' and shall 
     not be expressed as an individual number.
       ``(3) Federal bureau of investigation.--Subparagraphs 
     (B)(iv), (B)(v), (D)(iii), (E)(iii), and (E)(iv) of paragraph 
     (1) of subsection (b) shall not apply to information or 
     records held by, or queries conducted by, the Federal Bureau 
     of Investigation.
       ``(4) Certification.--
       ``(A) In general.--If the Director of National Intelligence 
     concludes that a good faith estimate required to be reported 
     under subparagraph (B)(iii) or (C)(iii) of paragraph (1) of 
     subsection (b) cannot be determined accurately, including 
     through the use of statistical sampling, the Director shall--
       ``(i) certify that conclusion in writing to 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; and
       ``(ii) make such certification publicly available on an 
     Internet Web site.
       ``(B) Content.--
       ``(i) In general.--The certification described in 
     subparagraph (A) shall state with specificity any 
     operational, national security, or other reasons why the 
     Director of National Intelligence has reached the conclusion 
     described in subparagraph (A).
       ``(ii) Good faith estimates of certain individuals whose 
     communications were collected under orders issued under 
     section 702.--A certification described in subparagraph (A) 
     relating to a good faith estimate required to be reported 
     under subsection (b)(1)(B)(iii) may include the information 
     annually reported pursuant to section 702(l)(3)(A).
       ``(iii) Good faith estimates of certain individuals whose 
     communications were collected under orders issued under title 
     iv.--If the Director of National Intelligence determines that 
     a good faith estimate required to be reported under 
     subsection (b)(1)(C)(iii) cannot be determined accurately as 
     that estimate pertains to electronic communications, but can 
     be determined accurately for wire communications, the 
     Director shall make the certification described in 
     subparagraph (A) with respect to electronic communications 
     and shall also report the good faith estimate with respect to 
     wire communications.
       ``(C) Form.--A certification described in subparagraph (A) 
     shall be prepared in unclassified form, but may contain a 
     classified annex.
       ``(D) Timing.--If the Director of National Intelligence 
     continues to conclude that the good faith estimates described 
     in this paragraph cannot be determined accurately, the 
     Director shall annually submit a certification in accordance 
     with this paragraph.
       ``(f) Construction.--Nothing in this section affects the 
     lawfulness or unlawfulness of any government surveillance 
     activities described herein.
       ``(g) 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) Electronic communication.--The term `electronic 
     communication' has the meaning given that term under section 
     2510 of title 18, United States Code.
       ``(3) Individual whose communications were collected.--The 
     term `individual whose communications were collected' means 
     any individual--
       ``(A) who was a party to an electronic communication or a 
     wire communication the contents or noncontents of which was 
     collected; or
       ``(B)(i) who was a subscriber or customer of an electronic 
     communication service or remote computing service; and
       ``(ii) whose records, as described in subparagraph (A), 
     (B), (D), (E), or (F) of section 2703(c)(2) of title 18, 
     United States Code, were collected.
       ``(4) National security letter.--The term `national 
     security letter' means a request for a report, records, or 
     other information under--
       ``(A) section 2709 of title 18, United States Code;
       ``(B) section 1114(a)(5)(A) of the Right to Financial 
     Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A));
       ``(C) subsection (a) or (b) of section 626 of the Fair 
     Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)); or

[[Page S5064]]

       ``(D) section 627(a) of the Fair Credit Reporting Act (15 
     U.S.C. 1681v(a)).
       ``(5) United states person.--The term `United States 
     person' means a citizen of the United States or an alien 
     lawfully admitted for permanent residence (as defined in 
     section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a))).
       ``(6) Wire communication.--The term `wire communication' 
     has the meaning given that term under section 2510 of title 
     18, United States Code.''.
       (b) Table of Contents Amendment.--The table of contents, as 
     amended by section 402 of this Act, is further amended by 
     inserting after the item relating to section 602, as added by 
     section 402 of this Act, the following new item:

``Sec. 603. Annual reports.''.
       (c) Public Reporting on National Security Letters.--Section 
     118(c) of the USA PATRIOT Improvement and Reauthorization Act 
     of 2005 (18 U.S.C. 3511 note) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``concerning different United States persons''; and
       (B) in subparagraph (A), by striking ``, excluding the 
     number of requests for subscriber information'';
       (2) by redesignating paragraph (2) as paragraph (3); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Content.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     each report required under this subsection shall include a 
     good faith estimate of the total number of requests described 
     in paragraph (1) requiring disclosure of information 
     concerning--
       ``(i) United States persons; and
       ``(ii) persons who are not United States persons.
       ``(B) Exception.--With respect to the number of requests 
     for subscriber information under section 2709 of title 18, 
     United States Code, a report required under this subsection 
     need not separate the number of requests into each of the 
     categories described in subparagraph (A).''.
       (d) Stored Communications.--Section 2702(d) of title 18, 
     United States Code, is amended--
       (1) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (2) in paragraph (2)(B), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the number of accounts from which the Department of 
     Justice has received voluntary disclosures under subsection 
     (c)(4).''.

     SEC. 603. PUBLIC REPORTING BY PERSONS SUBJECT TO FISA ORDERS.

       (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as 
     amended by sections 402 and 602 of this Act, is further 
     amended by adding at the end the following new section:

     ``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 1 of the following 
     structures:
       ``(1) A semiannual report that aggregates the number of 
     orders or national security letters with which the person was 
     required to comply in the following separate categories:
       ``(A) The number of national security letters received, 
     reported in bands of 1000 starting with 0-999.
       ``(B) The number of customer accounts affected by national 
     security letters, reported in bands of 1000 starting with 0-
     999.
       ``(C) The number of orders under this Act for contents, 
     reported in bands of 1000 starting with 0-999.
       ``(D) With respect to contents orders under this Act, in 
     bands of 1000 starting with 0-999, the number of customer 
     selectors targeted under such orders.
       ``(E) The number of orders under this Act for noncontents, 
     reported in bands of 1000 starting with 0-999.
       ``(F) With respect to noncontents orders under this Act, in 
     bands of 1000 starting with 0-999, the number of customer 
     selectors targeted under orders under--
       ``(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 in the following separate 
     categories:
       ``(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 
     0-249 and thereafter in bands of 250.
       ``(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 0-249 and thereafter in 
     bands of 250.
       ``(3) A semiannual report that aggregates the number of 
     orders or national security letters with which the person was 
     required to comply in the following separate categories:
       ``(A) The number of national security letters received, 
     reported in bands of 500 starting with 0-499.
       ``(B) The number of customer accounts affected by national 
     security letters, reported in bands of 500 starting with 0-
     499.
       ``(C) The number of orders under this Act for contents, 
     reported in bands of 500 starting with 0-499.
       ``(D) The number of customer selectors targeted under such 
     orders, reported in bands of 500 starting with 0-499.
       ``(E) The number of orders under this Act for noncontents, 
     reported in bands of 500 starting with 0-499.
       ``(F) The number of customer selectors targeted under such 
     orders, reported in bands of 500 starting with 0-499.
       ``(4) An annual report that aggregates the number of 
     orders, directives, and national security letters the person 
     was required to comply with in the following separate 
     categories:
       ``(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 
     0-100 and thereafter in bands of 100.
       ``(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 0-100 and thereafter in 
     bands of 100.
       ``(b) Period of Time Covered by Reports.--
       ``(1) A report described in paragraph (1) or (3) of 
     subsection (a)--
       ``(A) may be published every 180 days;
       ``(B) subject to subparagraph (C), shall include--
       ``(i) with respect to information relating to national 
     security letters, information relating to the previous 180 
     days; and
       ``(ii) with respect to information relating to authorities 
     under this Act, except as provided in subparagraph (C), 
     information relating to the time period--

       ``(I) ending on the date that is not less than 180 days 
     before the date on which the information is publicly 
     reported; and
       ``(II) beginning on the date that is 180 days before the 
     date described in subclause (I); and

       ``(C) for a person that has received an order or directive 
     under this Act with respect to a platform, product, or 
     service for which a person did not previously receive such an 
     order or directive (not including an enhancement to or 
     iteration of an existing publicly available platform, 
     product, or service)--
       ``(i) 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; and
       ``(ii) for a report published on or after the date on which 
     the 540-day waiting period expires, shall include information 
     relating to such new order or directive reported pursuant to 
     subparagraph (B)(ii).
       ``(2) A report described in paragraph (2) of subsection (a) 
     may be published every 180 days and shall include information 
     relating to the previous 180 days.
       ``(3) A report described in paragraph (4) of subsection (a) 
     may be published annually and shall include information 
     relating to the time period--
       ``(A) ending on the date that is not less than 1 year 
     before the date on which the information is publicly 
     reported; and
       ``(B) beginning on the date that is 1 year before the date 
     described in subparagraph (A).
       ``(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.''.
       (b) Table of Contents Amendment.--The table of contents, as 
     amended by sections 402 and 602 of this Act, is further 
     amended by inserting after the item relating to section 603, 
     as added by section 602 of this Act, the following new item:

``Sec. 604. Public reporting by persons subject to orders.''.

     SEC. 604. REPORTING REQUIREMENTS FOR DECISIONS, ORDERS, AND 
                   OPINIONS OF THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE COURT AND THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE COURT OF REVIEW.

       Section 601(c)(1) (50 U.S.C. 1871(c)(1)) is amended to read 
     as follows:
       ``(1) not later than 45 days after the date on which the 
     Foreign Intelligence Surveillance Court or the Foreign 
     Intelligence Surveillance Court of Review issues a decision, 
     order, or opinion, 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, a 
     copy of such decision, order, or opinion and any pleadings, 
     applications, or memoranda of law associated with such 
     decision, order, or opinion; and''.

     SEC. 605. SUBMISSION OF REPORTS UNDER FISA.

       (a) Electronic Surveillance.--Section 108(a)(1) (50 U.S.C. 
     1808(a)(1)) is amended by

[[Page S5065]]

     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 VII--SUNSETS

     SEC. 701. SUNSETS.

       (a) USA PATRIOT Improvement and Reauthorization Act of 
     2005.--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 31, 
     2017''.
       (b) Intelligence Reform and Terrorism Prevention Act of 
     2004.--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 
     31, 2017''.

  Mr. LEE. First, I thank my distinguished colleague, the senior 
Senator from Vermont, for his leadership on this issue. I am pleased to 
join him as a cosponsor of this legislation. As the lead cosponsor of 
this bill, I attest to the fact that this is an issue that is neither 
Republican nor Democratic, it is neither liberal nor conservative, it 
is simply American.
  It is a fundamental concept of liberty that we have to control the 
government. The government and the immense power of government has 
expanded over time with advances in technology. Our country certainly 
has changed to an enormous degree over the centuries since James 
Madison penned our Bill of Rights. But the protection of liberty 
afforded by the Fourth Amendment has only become more important, not 
less important, as the government's ability to collect information has 
advanced.
  This legislation, which has broad-based bipartisan support, is 
absolutely necessary. It can be implemented in a way that will still 
allow the government to protect us. It will also protect us from the 
risk of overreach by the government.
  We have to remember it is not just the government that we have in 
place today, even if we assume, for purposes of this discussion, that 
everyone who works for the government, every government agent who 
participates in the collection of this information is doing what is 
right. We can't always assume that will be the case in the future.
  I see my time has expired. I once again thank my colleague, the 
senior Senator from Vermont, Mr. Leahy, for his sponsorship of this 
legislation. I urge my colleagues to join us in this effort.
  Mr. FRANKEN. Mr. President, I rise to talk about the transparency 
provisions in the USA FREEDOM Act. I am a proud cosponsor of Chairman 
Leahy's bill, and I am particularly proud to have written the key 
transparency provisions with my friend Senator Dean Heller of Nevada.
  Senator Lee is right. This is not a Republican bill or a Democratic 
bill. This isn't a Republican issue or a Democratic issue. I thank 
Senator Lee for his leadership. Of course, we are all indebted to 
Senator Leahy for his leadership on this issue.
  Because of time constraints, I am not going to be able to give the 
speech I wanted to, so I will try to ask for time for tomorrow. I know 
today's floor is very busy.
  I wish to say it is very important that there is enough transparency 
in our NSA surveillance that Americans can judge for themselves if we 
are striking the right balance between national security and our civil 
liberties.
  Mr. HELLER. Mr. President, today my colleague Senator Leahy, the 
chairman of the Judiciary Committee, introduced legislation that would 
amend the PATRIOT Act. This new legislation reflects a bicameral and 
bipartisan compromise that ends the bulk data collection practices 
currently being used. It also gives our intelligence officials specific 
rules to follow so they can keep the operational capabilities necessary 
to protect the United States from a terrorist attack without 
compromising the Fourth Amendment to the Constitution. I thank Senator 
Leahy for his work, and I am grateful for his partnership.
  This important step is necessary for restoring Americans' privacy 
rights which were taken by a well-intended but overreaching Federal 
Government in the wake of the 9/11 terrorist attacks.
  The expanded authority given to the National Security Agency through 
executive action and the PATRIOT Act was intended to prevent another 
attack on America. While I was not a Member of Congress on 9/11, I 
shared the horror all Nevadans felt watching the murder of thousands of 
innocent Americans, and the profound sadness as buildings in New York 
and Washington, DC, sat smoldering. I understand as well as anyone here 
the reason behind the actions our Nation's leaders took to ensure that 
another attack on America never materialized, and why our leaders felt 
that no limits should be imposed. No matter what the cost, Americans 
had to be protected against another attack.
  Viewing the situation from that lens, it is easy to understand how 
the Fourth Amendment was brushed aside as the Senate expanded law 
enforcement surveillance capabilities with just one dissenting vote.
  The Federal Bureau of Investigation then used section 215 of the 
PATRIOT Act to expand the scope of surveillance far beyond even what 
some of the authors believed they were authorizing. The FBI argued that 
section 215 provided authority to collect phone data of law-abiding 
citizens without their knowledge. Specifically, they could use the 
business records provision to force phone companies to turn over 
millions of telephone calls when there is a reasonable ground or 
relevance to believe that the information sought is relevant to an 
authorized investigation of international terrorism.
  As a result, we now have a bulk collection program in existence where 
telephone companies hand over millions of records to the NSA as part of 
a massive pre-collection database.
  As someone who voted against the PATRIOT Act time and time again, I 
believe such data collection practices are a massive intrusion of our 
privacy, which is why I partnered with the senior Senator from Vermont 
to end these programs. Our legislation tightens the definitions of 
``specific selection term'' for section 215 of the PATRIOT Act and FISA 
pen register trap-and-trace devices so that the information requested 
is limited to specifically identifying a person, account, address, or a 
personal device.
  With this legislation, bulk collection will be eliminated and the 
records will stay with the telephone companies. The massive information 
grabs from the Federal Government based on geography or email service 
will no longer be permissible. And of the information that is 
collected, the legislation imposes new restrictions on its use and 
retention. These reforms will help shift the balance of privacy away 
from the Federal Government and back to the American people.
  I am proud that this bill also includes the Franken-Heller 
Surveillance

[[Page S5066]]

Transparency Act of 2013. I was pleased to join Senator Franken on this 
legislation because, at the very least, Americans deserve to know the 
number of people whose information is housed by the NSA. For the first 
time in American history, the government is forced to disclose to the 
American people roughly how many of them have had their communications 
collected.
  Our provision calls for reports by the Director of National 
Intelligence detailing the requests for information authorized under 
the PATRIOT Act and the FISA Amendments Act. The reports would specify 
the total number of people whose information has been collected under 
these programs and how many people living in the United States have had 
their information collected. They would also permit the intelligence 
community to report on how many Americans actually had their 
information looked at by the NSA or any other intelligence agencies.
  Furthermore, these provisions would allow telephone and Internet 
companies to tell consumers basic information regarding FISA court 
orders they receive and the number of users whose information is turned 
over.
  The principles outlined in this bill to increase transparency for 
Americans and private companies would clear up a tremendous amount of 
confusion that exists within the programs. And our private companies 
need the added disclosure. The Information Technology & Innovation 
Foundation estimates that American cloud computing companies could lose 
$22 billion to $35 billion in the next 3 years because of concerns 
about their involvement with surveillance programs. The analytics firm 
Forrester put potential losses much higher, at $180 billion.
  I want to be clear: I share the concerns of all Americans that we 
must protect ourselves against threats to the homeland. I believe 
terrorism is very real and the United States is the target of those 
looking to undermine the freedoms we hold as the core of our national 
identity. If the bulk collection programs in existence were bearing so 
much information to protect the homeland, it would change my opinion on 
the need for the USA Freedom Act. However, the bulk collection program 
has simply not provided the tangible results that justify a privacy 
intrusion of this level. We know this because on October 2, 2013, the 
chairman of the Senate Judiciary Committee, Senator Leahy, asked NSA 
Director Keith Alexander the following question:

       At our last hearing, deputy director Inglis stated that 
     there's only really one example of a case where, but for the 
     use of Section 215 bulk phone records collection, terrorist 
     activity was stopped. Was Mr. Inglis right?

  To which Director Alexander responded:

       He's right. I believe he said two, Chairman.

  Congress has authorized the collection of millions of law-abiding 
citizens' telephone metadata for years and it has only solved two 
ongoing FBI investigations. Of those two investigations, the NSA has 
publicly identified one. In fact, that case could have easily been 
handled by obtaining a warrant and going to the telephone company. It 
is the case of an individual in San Diego who was convicted of sending 
$8,500 to Somalia in support of al-Shabaab, the terrorist organization 
claiming responsibility for the Kenyan mall attack. The American phone 
records allowed the NSA to determine that a U.S. phone was used to 
contact an individual associated with this terrorist organization. I am 
appreciative that the NSA was able to apprehend this individual, but it 
does not provide overwhelming evidence that this program is necessary. 
The Obama administration has come to the same conclusion and so has the 
intelligence community.

  The operational capabilities the intelligence community relies on to 
conduct their mission to keep us safe will not be impacted by the USA 
FREEDOM Act. If it were, the Intelligence Community and the 
administration would not have brokered this compromise legislation. 
Ending the bulk collection programs and giving Americans more 
transparency so they can determine for themselves whether they believe 
these programs should exist is an obligation we have to all of our 
constituents.
  We have a bill introduced today that would give our law enforcement 
authorities the tools they need to keep us safe and also stay true to 
the Fourth Amendment. I encourage my colleagues to support these 
important reforms and I hope it can quickly be considered by this 
Chamber.

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