[Congressional Record Volume 161, Number 86 (Monday, June 1, 2015)]
[Senate]
[Pages S3408-S3417]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1454. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill H.R. 2048, 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON DATA SECURITY VULNERABILITY MANDATES.

       (a) In General.--Except as provided in subsection (b), no 
     agency may mandate that a manufacturer, developer, or seller 
     of covered products design or alter the security functions in 
     its product or service to allow the surveillance of any user 
     of such product or service, or to allow the physical search 
     of such product, by any agency.
       (b) Exception.--Subsection (a) shall not apply to mandates 
     authorized under the Communications Assistance for Law 
     Enforcement Act (47 U.S.C. 1001 et seq.).
       (c) Definitions.--In this section--
       (1) the term ``agency'' has the meaning given the term in 
     section 3502 of title 44, United States Code; and
       (2) the term ``covered product'' means any computer 
     hardware, computer software, or electronic device that is 
     made available to the general public.
                                 ______
                                 
  SA 1455. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment 
intended to be proposed by him to the bill H.R. 2048, 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CLARIFICATION ON PROHIBITION ON SEARCHING OF 
                   COLLECTIONS OF COMMUNICATIONS TO CONDUCT 
                   WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF 
                   UNITED STATES PERSONS.

       Section 702(b) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1881a(b)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     such subparagraphs, as so redesignated, an additional two ems 
     from the left margin;
       (2) by striking ``An acquisition'' and inserting the 
     following:
       ``(1) In general.--An acquisition''; and
       (3) by adding at the end the following:
       ``(2) Clarification on prohibition on searching of 
     collections of communications of united states persons.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no officer or employee of the United States may conduct a 
     search of a collection of communications acquired under this 
     section in an effort to find communications of a particular 
     United States person (other than a corporation).
       ``(B) Concurrent authorization and exception for emergency 
     situations.--Subparagraph (A) shall not apply to a search for 
     communications related to a particular United States person 
     if--
       ``(i) such United States person is the subject of an order 
     or emergency authorization authorizing electronic 
     surveillance or physical search under section 105, 304, 703, 
     704, or 705 of this Act, or under title 18, United States 
     Code, for the effective period of that order;
       ``(ii) the entity carrying out the search has a reasonable 
     belief that the life or safety of such United States person 
     is threatened and the information is sought for the purpose 
     of assisting that person; or
       ``(iii) such United States person has consented to the 
     search.''.
                                 ______
                                 
  SA 1456. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1735, to authorize appropriations for fiscal year 
2016 for military activities of the Department

[[Page S3409]]

of Defense and for military construction, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle C of title X, add the following:

     SEC. __. ADDITIONAL INFORMATION SUPPORTING LONG-RANGE PLANS 
                   FOR CONSTRUCTION OF NAVAL VESSELS.

       Section 231(b)(2)(C) of title 10, United States Code, is 
     amended by inserting ``by ship class in both graphical and 
     tabular form'' after ``The estimated levels of annual 
     funding''.
                                 ______
                                 
  SA 1457. Mr. UDALL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 2048, 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; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

      TITLE IX--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD REFORM

     SEC. 901. SHORT TITLES.

       This title may be cited as the ``Strengthening Privacy, 
     Oversight, and Transparency Act'' or the ``SPOT Act''.

     SEC. 902. INCLUSION OF FOREIGN INTELLIGENCE ACTIVITIES IN 
                   OVERSIGHT AUTHORITY OF THE PRIVACY AND CIVIL 
                   LIBERTIES OVERSIGHT BOARD.

       Section 1061 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 2000ee) is amended by 
     inserting ``and conduct foreign intelligence activities'' 
     after ``terrorism'' in the following provisions:
       (1) Paragraphs (1) and (2) of subsection (c).
       (2) Subparagraphs (A) and (B) of subsection (d)(1).
       (3) Subparagraphs (A), (B), and (C) of subsection (d)(2).

     SEC. 903. SUBMISSION OF WHISTLEBLOWER COMPLAINTS TO THE 
                   PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

       Section 1061 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by 
     section 902, is further amended--
       (1) in subsection (d), by adding at the end the following 
     new paragraph:
       ``(5) Whistleblower complaints.--
       ``(A) Submission to board.--An employee of, or contractor 
     or detailee to, an element of the intelligence community may 
     submit to the Board a complaint or information that such 
     employee, contractor, or detailee believes relates to a 
     privacy or civil liberties concern.
       ``(B) Authority of board.--The Board may take such action 
     as the Board considers appropriate with respect to 
     investigating a complaint or information submitted under 
     subparagraph (A) or transmitting such complaint or 
     information to any other Executive agency or the 
     congressional intelligence committees.
       ``(C) Relationship to existing laws.--The authority under 
     subparagraph (A) of an employee, contractor, or detailee to 
     submit to the Board a complaint or information shall be in 
     addition to any other authority under another provision of 
     law to submit a complaint or information. Any action taken 
     under any other provision of law by the recipient of a 
     complaint or information shall not preclude the Board from 
     taking action relating to the same complaint or information.
       ``(D) Relationship to actions taken under other laws.--
     Nothing in this paragraph shall prevent--
       ``(i) any individual from submitting a complaint or 
     information to any authorized recipient of the complaint or 
     information; or
       ``(ii) the recipient of a complaint or information from 
     taking independent action on the complaint or information.''; 
     and
       (2) by adding at the end the following new subsection:
       ``(n) Definitions.--In this section, the terms 
     `congressional intelligence committees' and `intelligence 
     community' have the meaning given such terms in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).''.

     SEC. 904. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 
                   SUBPOENA POWER.

       Section 1061(g) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
       (1) in paragraph (1)(D), by striking ``submit a written 
     request to the Attorney General of the United States that the 
     Attorney General'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.

     SEC. 905. APPOINTMENT OF STAFF OF THE PRIVACY AND CIVIL 
                   LIBERTIES OVERSIGHT BOARD.

       Section 1061(j) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 2000ee(j)) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Appointment in absence of chairman.--If the position 
     of chairman of the Board is vacant, during the period of the 
     vacancy the Board, at the direction of the majority of the 
     members of the Board, may exercise the authority of the 
     chairman under paragraph (1).''.

     SEC. 906. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

       (a) In General.--Section 1061 of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), as 
     amended by sections 902 and 903, is further amended--
       (1) in subsection (h)--
       (A) in paragraph (1), by inserting ``full-time'' after ``4 
     additional''; and
       (B) in paragraph (4)(B), by striking ``, except that'' and 
     all that follows through the end and inserting a period;
       (2) in subsection (i)(1)--
       (A) in subparagraph (A), by striking ``level III of the 
     Executive Schedule under section 5314'' and inserting ``level 
     II of the Executive Schedule under section 5313''; and
       (B) in subparagraph (B), by striking ``level IV of the 
     Executive Schedule'' and all that follows through the end and 
     inserting ``level III of the Executive Schedule under section 
     5314 of title 5, United States Code.''; and
       (3) in subsection (j)(1), by striking ``level V of the 
     Executive Schedule under section 5316'' and inserting ``level 
     IV of the Executive Schedule under section 5315''.
       (b) Effective Date; Applicability.--
       (1) In general.--The amendments made by subsection (a) 
     shall--
       (A) take effect on the date of enactment of this Act; and
       (B) except as provided in paragraph (2), apply to any 
     appointment to a position as a member of the Privacy and 
     Civil Liberties Oversight Board made on or after the date of 
     the enactment of this Act.
       (2) Exceptions.--
       (A) Compensation changes.--The amendments made by 
     paragraphs (2)(A) and (3) of subsection (a) shall take effect 
     on the first day of the first pay period beginning after the 
     date of the enactment of this Act.
       (B) Election to serve full time by incumbents.--
       (i) In general.--An individual serving as a member of the 
     Privacy and Civil Liberties Oversight Board on the date of 
     the enactment of this Act, including a member continuing to 
     serve as a member under section 1061(h)(4)(B) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (42 
     U.S.C. 2000ee(h)(4)(B)), (in this subparagraph referred to as 
     a ``current member'') may make an election to--

       (I) serve as a member of the Privacy and Civil Liberties 
     Oversight Board on a full-time basis and in accordance with 
     section 1061 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 2000ee), as amended by this 
     Act; or
       (II) serve as a member of the Privacy and Civil Liberties 
     Oversight Board on a part-time basis in accordance with such 
     section 1061, as in effect on the day before the date of 
     enactment of this Act, including the limitation on service 
     after the expiration of the term of the member under 
     subsection (h)(4)(B) of such section, as in effect on the day 
     before the date of the enactment of this Act.

       (ii) Election to serve full time.--A current member making 
     an election under clause (i)(I) shall begin serving as a 
     member of the Privacy and Civil Liberties Oversight Board on 
     a full-time basis on the first day of the first pay period 
     beginning not less than 60 days after the date on which the 
     current member makes the election.

     SEC. 907. PROVISION OF INFORMATION ABOUT GOVERNMENT 
                   ACTIVITIES UNDER THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978 TO THE PRIVACY AND 
                   CIVIL LIBERTIES OVERSIGHT BOARD.

       The Attorney General should fully inform the Privacy and 
     Civil Liberties Oversight Board about any activities carried 
     out by the Government under the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), including 
     by providing to the Board--
       (1) copies of each detailed report submitted to a committee 
     of Congress under such Act; and
       (2) copies of each decision, order, and opinion of the 
     Foreign Intelligence Surveillance Court or the Foreign 
     Intelligence Surveillance Court of Review required to be 
     included in the report under section 601(a) of such Act (50 
     U.S.C. 1871(a)).
                                 ______
                                 
  SA 1458. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 2048, 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION ON DATA SECURITY VULNERABILITY MANDATES.

       (a) In General.--Except as provided in subsection (b), no 
     agency may mandate that a manufacturer, developer, or seller 
     of covered products design or alter the security functions in 
     its product or service to allow

[[Page S3410]]

     the surveillance of any user of such product or service, or 
     to allow the physical search of such product, by any agency.
       (b) Exception.--Subsection (a) shall not apply to mandates 
     authorized under the Communications Assistance for Law 
     Enforcement Act (47 U.S.C. 1001 et seq.).
       (c) Definitions.--In this section--
       (1) the term ``agency'' has the meaning given the term in 
     section 3502 of title 44, United States Code; and
       (2) the term ``covered product'' means any computer 
     hardware, computer software, or electronic device that is 
     made available to the general public.
                                 ______
                                 
  SA 1459. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 2048, 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; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CLARIFICATION ON PROHIBITION ON SEARCHING OF 
                   COLLECTIONS OF COMMUNICATIONS TO CONDUCT 
                   WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF 
                   UNITED STATES PERSONS.

       Section 702(b) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1881a(b)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     such subparagraphs, as so redesignated, an additional two ems 
     from the left margin;
       (2) by striking ``An acquisition'' and inserting the 
     following:
       ``(1) In general.--An acquisition''; and
       (3) by adding at the end the following:
       ``(2) Clarification on prohibition on searching of 
     collections of communications of united states persons.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no officer or employee of the United States may conduct a 
     search of a collection of communications acquired under this 
     section in an effort to find communications of a particular 
     United States person (other than a corporation).
       ``(B) Concurrent authorization and exception for emergency 
     situations.--Subparagraph (A) shall not apply to a search for 
     communications related to a particular United States person 
     if--
       ``(i) such United States person is the subject of an order 
     or emergency authorization authorizing electronic 
     surveillance or physical search under section 105, 304, 703, 
     704, or 705 of this Act, or under title 18, United States 
     Code, for the effective period of that order;
       ``(ii) the entity carrying out the search has a reasonable 
     belief that the life or safety of such United States person 
     is threatened and the information is sought for the purpose 
     of assisting that person; or
       ``(iii) such United States person has consented to the 
     search.''.
                                 ______
                                 
  SA 1460. Mr. PAUL (for himself and Mr. Wyden) submitted an amendment 
intended to be proposed by him to the bill H.R. 2048, 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; which was ordered to lie on 
the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

 TITLE I--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
               AND INTERNATIONAL TERRORISM INVESTIGATIONS

Sec. 101. End of government bulk collection of business records.
Sec. 102. Emergency authority for access to call data records.
Sec. 103. Challenges to government surveillance.

  TITLE II--PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE 
                                DEVICES

Sec. 201. Privacy protections for pen registers and trap and trace 
              devices.

TITLE III--PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED 
                STATES OTHER THAN UNITED STATES PERSONS

Sec. 301. Clarification on prohibition on searching of collections of 
              communications to conduct warrantless searches for the 
              communications of United States persons.
Sec. 302. Protection against collection of wholly domestic 
              communications not concerning terrorism under FISA 
              Amendments Act.
Sec. 303. Prohibition on reverse targeting under FISA Amendments Act.
Sec. 304. Limits on use of unlawfully obtained information under FISA 
              Amendments Act.
Sec. 305. Challenges to Government surveillance.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401. Definitions.
Sec. 402. Office of the Constitutional Advocate.
Sec. 403. Advocacy before the FISA Court.
Sec. 404. Advocacy before the petition review pool.
Sec. 405. Appellate review.
Sec. 406. Disclosure.
Sec. 407. Annual report to Congress.
Sec. 408. Preservation of rights.

               TITLE V--NATIONAL SECURITY LETTER REFORMS

Sec. 501. National security letter authority.
Sec. 502. Public reporting on National Security Letters.

     TITLE VI--REPORTING FISA ORDERS AND NATIONAL SECURITY LETTERS

Sec. 601. Third-party reporting of FISA orders and National Security 
              Letters.
Sec. 602. Government reporting of FISA orders.

                        TITLE VII--OTHER MATTERS

Sec. 701. Privacy and Civil Liberties Oversight Board subpoena 
              authority.
Sec. 702. Scope of liability protection for providing assistance to the 
              Government.

 TITLE I--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
               AND INTERNATIONAL TERRORISM INVESTIGATIONS

     SEC. 101. END OF GOVERNMENT BULK COLLECTION OF BUSINESS 
                   RECORDS.

       (a) Privacy Protections for Section 215 Business Records 
     Orders.--
       (1) In general.--Section 501(b) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861(b)) is amended--
       (A) in paragraph (1)(B), by striking ``and'' at the end;
       (B) in paragraph (2), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A) a statement of facts showing that there are 
     reasonable grounds to believe that the records or other 
     things sought--
       ``(i) are relevant to an authorized investigation (other 
     than a threat assessment) conducted in accordance with 
     subsection (a)(2) to obtain foreign intelligence information 
     not concerning a United States person or to protect against 
     international terrorism or clandestine intelligence 
     activities; and
       ``(ii) pertain to--

       ``(I) a foreign power or an agent of a foreign power;
       ``(II) the activities of a suspected agent of a foreign 
     power who is the subject of such authorized investigation; or
       ``(III) an individual in contact with, or known to, a 
     suspected agent of a foreign power; and

       ``(B) a statement of proposed minimization procedures; 
     and''; and
       (C) by adding at the end the following:
       ``(3) if the applicant is seeking a nondisclosure 
     requirement described in subsection (d), shall include--
       ``(A) a statement of specific and articulable facts 
     providing reason to believe that disclosure of particular 
     information about the existence or contents of the order 
     requiring the production of tangible things under this 
     section during the applicable time period will result in--
       ``(i) endangering the life or physical safety of any 
     person;
       ``(ii) flight from prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses;
       ``(v) interference with diplomatic relations; or
       ``(vi) otherwise seriously endangering the national 
     security of the United States by alerting a target, an 
     associate of a target, or the foreign power of which the 
     target is an agent, of the interest of the Government in the 
     target;
       ``(B) an explanation of how the harm identified under 
     subparagraph (A) is related to the authorized investigation 
     to which the tangible things sought are relevant;
       ``(C) an explanation of how the nondisclosure requirement 
     is narrowly tailored to address the specific harm identified 
     under subparagraph (A); and
       ``(D) the time period during which the Government believes 
     the nondisclosure requirement should apply.''.
       (2) Order.--Section 501(c) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--
       (A) in paragraph (1)--
       (i) by striking ``subsections (a) and (b),'' and inserting 
     ``subsection (a) and paragraphs (1) and (2) of subsection (b) 
     and that the proposed minimization procedures meet the 
     definition of minimization procedures under subsection 
     (g),''; and
       (ii) by striking the last sentence and inserting the 
     following: ``If the judge finds that

[[Page S3411]]

     the requirements of subsection (b)(3) have been met, such 
     order shall include a nondisclosure requirement, which may 
     apply for not longer than 1 year, unless the facts justify a 
     longer period of nondisclosure, subject to the principles and 
     procedures described in subsection (d).''; and
       (B) in paragraph (2)--
       (i) in subparagraph (C), by striking ``(d);'' and inserting 
     ``(d), if applicable;'';
       (ii) in subparagraph (D), by striking ``and'' at the end;
       (iii) in subparagraph (E), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(F) shall direct that the minimization procedures be 
     followed.''.
       (3) Nondisclosure.--Section 501(d) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is 
     amended to read as follows:
       ``(d) Nondisclosure.--
       ``(1) In general.--No person who receives an order under 
     subsection (c) that contains a nondisclosure requirement 
     shall disclose to any person the particular information 
     specified in the nondisclosure requirement during the time 
     period to which the requirement applies.
       ``(2) Exception.--
       ``(A) Disclosure.--A person who receives an order under 
     subsection (c) that contains a nondisclosure requirement may 
     disclose information otherwise subject to any applicable 
     nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with an order under this section;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the order; 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 an order is 
     directed under this section in the same manner as the person 
     to whom the order is directed.
       ``(C) Notification.--Any person who discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall notify the person of the 
     applicable nondisclosure requirement.
       ``(3) Extension.--The Director of the Federal Bureau of 
     Investigation, or a designee of the Director (whose rank 
     shall be no lower than Assistant Special Agent in Charge), 
     may apply for renewals of the prohibition on disclosure of 
     particular information about the existence or contents of an 
     order requiring the production of tangible things under this 
     section for additional periods of not longer than 1 year, 
     unless the facts justify a longer period of nondisclosure. A 
     nondisclosure requirement shall be renewed if a court having 
     jurisdiction under paragraph (4) determines that the 
     application meets the requirements of subsection (b)(3).
       ``(4) Jurisdiction.--An application for a renewal under 
     this subsection shall be made to--
       ``(A) a judge of the court established under section 
     103(a); or
       ``(B) a United States Magistrate Judge under chapter 43 of 
     title 28, United States Code, who is publicly designated by 
     the Chief Justice of the United States to have the power to 
     hear applications and grant orders for the production of 
     tangible things under this section on behalf of a judge of 
     the court established under section 103(a).''.
       (4) Minimization.--Section 501(g) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is 
     amended--
       (A) in paragraph (1), by striking ``Not later than'' and 
     all that follows and inserting ``At or before the end of the 
     period of time for the production of tangible things under an 
     order approved under this section or at any time after the 
     production of tangible things under an order approved under 
     this section, a judge may assess compliance with the 
     minimization procedures by reviewing the circumstances under 
     which information concerning United States persons was 
     acquired, retained, or disseminated.''; and
       (B) in paragraph (2)(A), by inserting ``acquisition and'' 
     after ``to minimize the''.
       (b) Judicial Review of Section 215 Orders.--Section 
     501(f)(2) of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1861(f)(2)) is amended--
       (1) in subparagraph (A)(i)--
       (A) by striking ``that order'' and inserting ``such 
     production order or any nondisclosure order imposed in 
     connection with such production order''; and
       (B) by striking the second sentence;
       (2) by striking subparagraph (C) and inserting the 
     following new subparagraph:
       ``(C) A judge considering a petition to modify or set aside 
     a nondisclosure order shall grant such petition unless the 
     court determines that--
       ``(i) there is reason to believe that disclosure of the 
     information subject to the nondisclosure requirement during 
     the applicable time period will result in--
       ``(I) endangering the life or physical safety of any 
     person;
       ``(II) flight from prosecution;
       ``(III) destruction of or tampering with evidence;
       ``(IV) intimidation of potential witnesses;
       ``(V) interference with diplomatic relations; or
       ``(VI) otherwise seriously endangering the national 
     security of the United States by alerting a target, an 
     associate of a target, or the foreign power of which the 
     target is an agent, of the interest of the Government in the 
     target;
       ``(ii) the harm identified under clause (i) relates to the 
     authorized investigation to which the tangible things sought 
     are relevant; and
       ``(iii) the nondisclosure requirement is narrowly tailored 
     to address the specific harm identified under clause (i).''; 
     and
       (3) by adding at the end the following new subparagraph:
       ``(E) If a judge denies a petition to modify or set aside a 
     nondisclosure order under this paragraph, no person may file 
     another petition to modify or set aside such nondisclosure 
     order until the date that is one year after the date on which 
     such judge issues the denial of such petition.''.

     SEC. 102. EMERGENCY AUTHORITY FOR ACCESS TO CALL DATA 
                   RECORDS.

       (a) In General.--Section 403 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1843) is amended by 
     adding at the end the following:
       ``(e)(1) Notwithstanding any other provision of this 
     subsection, the Attorney General may require the production 
     of call data records by the provider of a wire or electronic 
     communication service on an emergency basis if--
       ``(A) such records--
       ``(i) are relevant to an authorized investigation (other 
     than a threat assessment) conducted in accordance with 
     section 402 or 501, as appropriate, to obtain foreign 
     intelligence information not concerning a United States 
     person or to protect against international terrorism or 
     clandestine intelligence activities; and
       ``(ii) pertain to--
       ``(I) a foreign power or an agent of a foreign power;
       ``(II) the activities of a suspected agent of a foreign 
     power who is the subject of such authorized investigation; or
       ``(III) an individual in contact with, or known to, a 
     suspected agent of a foreign power;
       ``(B) the Attorney General reasonably determines--
       ``(i) an emergency requires the production of such records 
     before an order requiring such production can with due 
     diligence be obtained under section 402 or 501, as 
     appropriate; and
       ``(ii) the factual basis for issuance of an order under 
     section 402 or 501, as appropriate, to require the production 
     of such records exists;
       ``(C) a judge referred to in section 402(b) or 501(b)(1), 
     as appropriate, is informed by the Attorney General at the 
     time of the required production of such records that the 
     decision has been made to require such production on an 
     emergency basis; and
       ``(D) an application in accordance with section 402 or 501, 
     as appropriate, is made to such judge as soon as practicable, 
     but not more than 7 days after the date on which the Attorney 
     General requires the production of such records under this 
     subsection.
       ``(2)(A) In the absence of an order issued under section 
     402 or 501, as appropriate, to approve the emergency required 
     production of call data records under paragraph (1), the 
     authority to require the production of such records shall 
     terminate at the earlier of--
       ``(i) when the information sought is obtained;
       ``(ii) when the application for the order is denied under 
     section 402 or 501, as appropriate; or
       ``(iii) 7 days after the time of the authorization by the 
     Attorney General.
       ``(B) If an application for an order applied for under 
     section 402 or 501, as appropriate, for the production of 
     call data records required to be produced pursuant to 
     paragraph (1) is denied, or in any other case where the 
     emergency production of call data records under this section 
     is terminated and no order under section 402 or 501, as 
     appropriate, is issued approving the required production of 
     such records, no information obtained or evidence derived 
     from such records shall be received in evidence or otherwise 
     disclosed in any trial, hearing, or other proceeding in or 
     before any court, grand jury, department, office, agency, 
     regulatory body, legislative committee, or other authority of 
     the United States, a State, or political subdivision thereof, 
     and no information concerning any United States person 
     acquired from such records 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.''.
       (b) Termination of Section 501 References.--On the date 
     that section 102(b)(1) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 
     1805 note) takes effect, subsection (e) of section 403 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1843), as added by paragraph (1), is amended--
       (1) by striking ``or section 501, as appropriate,'' each 
     place that term appears;
       (2) in paragraph (1)--
       (A) in subparagraph (B), by striking ``or 501, as 
     appropriate;'' and by inserting a semicolon; and
       (B) in subparagraph (C), by striking ``or 501(b)(1), as 
     appropriate,''; and
       (3) in paragraph (2)(A)(ii), by striking ``or 501, as 
     appropriate;'' and by inserting a semicolon.

[[Page S3412]]

     SEC. 103. CHALLENGES TO GOVERNMENT SURVEILLANCE.

       (a) In General.--Title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 503. CHALLENGES TO ORDERS TO PRODUCE CERTAIN BUSINESS 
                   RECORDS.

       ``(a) Appeal.--
       ``(1) In general.--A person who is required to produce any 
     tangible thing pursuant to an order issued under section 501 
     may appeal the order to a United States court of appeals on 
     the basis that the order violates the Constitution of the 
     United States.
       ``(2) Venue.--An appeal filed pursuant to paragraph (1) may 
     be filed--
       ``(A) in the United States court of appeals for a circuit 
     embracing a judicial district in which venue would be proper 
     for a civil action under section 1391 of title 28, United 
     States Code; or
       ``(B) United States Court of Appeals for the District of 
     Columbia.
       ``(b) Supreme Court Review.--A person may seek a writ of 
     certiorari from the Supreme Court of the United States for 
     review of a decision of an appeal filed under subsection 
     (a)(1).''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the Foreign Intelligence Surveillance 
     Act of 1978 is amended by adding after the item relating to 
     section 502 the following:

``Sec. 503. Challenges to orders to produce certain business 
              records.''.

  TITLE II--PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE 
                                DEVICES

     SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND 
                   TRACE DEVICES.

       (a) Application.--Section 402(c) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is 
     amended--
       (1) in paragraph (1), by striking ``and'' at the end; and
       (2) by striking paragraph (2) and inserting the following 
     new paragraphs:
       ``(2) a statement of facts showing that there are 
     reasonable grounds to believe that the records sought--
       ``(A) are relevant to an authorized investigation to obtain 
     foreign intelligence information not concerning a United 
     States person or to protect against international terrorism 
     or clandestine intelligence activities (other than a threat 
     assessment), provided that such investigation of a United 
     States person is not conducted solely upon the basis of 
     activities protected by the first amendment to the 
     Constitution; and
       ``(B) pertain to--
       ``(i) a foreign power or an agent of a foreign power;
       ``(ii) the activities of a suspected agent of a foreign 
     power who is the subject of such authorized investigation; or
       ``(iii) an individual in contact with, or known to, a 
     suspected agent of a foreign power; and
       ``(3) a statement of proposed minimization procedures.''.
       (b) Minimization.--
       (1) Definition.--Section 401 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1841) is amended by 
     adding at the end the following:
       ``(4) The term `minimization procedures' means--
       ``(A) specific procedures that are reasonably designed in 
     light of the purpose and technique of an order for the 
     installation and use of a pen register or trap and trace 
     device, to minimize the acquisition and retention, and 
     prohibit the dissemination, of nonpublicly available 
     information concerning unconsenting United States persons 
     consistent with the need of the United States to obtain, 
     produce, and disseminate foreign intelligence information;
       ``(B) procedures that require that nonpublicly available 
     information, which is not foreign intelligence information, 
     as defined in section 101(e)(1), shall not be disseminated in 
     a manner that identifies any United States person, without 
     such person's consent, unless such person's identity is 
     necessary to understand foreign intelligence information or 
     assess its importance; and
       ``(C) notwithstanding subparagraphs (A) and (B), procedures 
     that allow for the retention and dissemination of information 
     that is evidence of a crime which has been, is being, or is 
     about to be committed and that is to be retained or 
     disseminated for law enforcement purposes.''.
       (2) Pen registers and trap and trace devices.--Section 402 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1842) is amended--
       (A) in subsection (d)--
       (i) in paragraph (1), by inserting ``, and that the 
     proposed minimization procedures meet the definition of 
     minimization procedures under this title'' before the period 
     at the end; and
       (ii) in paragraph (2)(B)--

       (I) in clause (ii)(II), by striking ``and'' after the 
     semicolon; and
       (II) by adding at the end the following:

       ``(iv) the minimization procedures be followed; and''; and
       (B) by adding at the end the following:
       ``(h) At or before the end of the period of time for which 
     the installation and use of a pen register or trap and trace 
     device is approved under an order or an extension under this 
     section, the judge may assess compliance with the 
     minimization procedures by reviewing the circumstances under 
     which information concerning United States persons was 
     acquired, retained, or disseminated.''.
       (3) Emergencies.--Section 403 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1843), as amended by 
     section 102(a), is further amended--
       (A) by redesignating subsection (c) as (d); and
       (B) by inserting after subsection (b) the following:
       ``(c) If the Attorney General authorizes the emergency 
     installation and use of a pen register or trap and trace 
     device under this section, the Attorney General shall require 
     that minimization procedures required by this title for the 
     issuance of a judicial order be followed.''.
       (4) Use of information.--Section 405(a)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) 
     is amended by striking the period at the end and inserting 
     ``and the minimization procedures required under the order 
     approving such pen register or trap and trace device.''.

TITLE III--PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED 
                STATES OTHER THAN UNITED STATES PERSONS

     SEC. 301. CLARIFICATION ON PROHIBITION ON SEARCHING OF 
                   COLLECTIONS OF COMMUNICATIONS TO CONDUCT 
                   WARRANTLESS SEARCHES FOR THE COMMUNICATIONS OF 
                   UNITED STATES PERSONS.

       Section 702(b) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1881a(b)) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     such subparagraphs, as so redesignated, an additional two ems 
     from the left margin;
       (2) by striking ``An acquisition'' and inserting the 
     following:
       ``(1) In general.--An acquisition''; and
       (3) by adding at the end the following:
       ``(2) Clarification on prohibition on searching of 
     collections of communications of united states persons.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     no officer or employee of the United States may conduct a 
     search of a collection of communications acquired under this 
     section in an effort to find communications of a particular 
     United States person (other than a corporation).
       ``(B) Concurrent authorization and exception for emergency 
     situations.--Subparagraph (A) shall not apply to a search for 
     communications related to a particular United States person 
     if--
       ``(i) such United States person is the subject of an order 
     or emergency authorization authorizing electronic 
     surveillance or physical search under section 105, 304, 703, 
     704, or 705 of this Act, or under title 18, United States 
     Code, for the effective period of that order;
       ``(ii) the entity carrying out the search has a reasonable 
     belief that the life or safety of such United States person 
     is threatened and the information is sought for the purpose 
     of assisting that person; or
       ``(iii) such United States person has consented to the 
     search.''.

     SEC. 302. PROTECTION AGAINST COLLECTION OF WHOLLY DOMESTIC 
                   COMMUNICATIONS NOT CONCERNING TERRORISM UNDER 
                   FISA AMENDMENTS ACT.

       (a) In General.--Section 702 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
       (1) in subsection (d)(1)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(C) limit the acquisition of the contents of any 
     communication to communications to which any party is a 
     target of the acquisition or communications that refer to the 
     target of the acquisition, if such communications are 
     acquired to protect against international terrorism.''; and
       (2) in subsection (i)(2)(B)--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following new clause:
       ``(iii) limit the acquisition of the contents of any 
     communication to communications to which any party is a 
     target of the acquisition or communications that refer to the 
     target of the acquisition, if such communications are 
     acquired to protect against international terrorism.''.
       (b) Conforming Amendment.--Section 701(a) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(a)) is 
     amended by inserting `` `international terrorism','' after `` 
     `foreign power',''.

     SEC. 303. PROHIBITION ON REVERSE TARGETING UNDER FISA 
                   AMENDMENTS ACT.

       Section 702 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1881a), as amended by sections 301 and 302 of 
     this Act, is further amended--
       (1) in paragraph (1)(B) of subsection (b), as redesignated 
     by section 301, by striking ``the purpose'' and inserting ``a 
     significant purpose'';
       (2) in subsection (d)(1)(A)--
       (A) by striking ``ensure that'' and inserting the 
     following: ``ensure--
       ``(i) that''; and

[[Page S3413]]

       (B) by adding at the end the following:
       ``(ii) that an application is filed under title I, if 
     otherwise required, when a significant purpose of an 
     acquisition authorized under subsection (a) is to acquire the 
     communications of a particular, known person reasonably 
     believed to be located in the United States; and'';
       (3) in subsection (g)(2)(A)(i)(I)--
       (A) by striking ``ensure that'' and inserting the 
     following: ``ensure--
       ``(aa) that''; and
       (B) by adding at the end the following:
       ``(bb) that an application is filed under title I, if 
     otherwise required, when a significant purpose of an 
     acquisition authorized under subsection (a) is to acquire the 
     communications of a particular, known person reasonably 
     believed to be located in the United States; and''; and
       (4) in subsection (i)(2)(B)(i)--
       (A) by striking ``ensure that'' and inserting the 
     following: ``ensure--

       ``(I) that''; and

       (B) by adding at the end the following:

       ``(II) that an application is filed under title I, if 
     otherwise required, when a significant purpose of an 
     acquisition authorized under subsection (a) is to acquire the 
     communications of a particular, known person reasonably 
     believed to be located in the United States; and''.

     SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION 
                   UNDER FISA AMENDMENTS ACT.

       Section 702(i)(3) of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1881a(i)(3)) is amended by striking 
     subparagraph (B) and inserting the following:
       ``(B) Correction of deficiencies.--
       ``(i) In general.--If the Court finds that a certification 
     required by subsection (g) does not contain all of the 
     required elements, or that the procedures required by 
     subsections (d) and (e) are not consistent with the 
     requirements of those subsections or the fourth amendment to 
     the Constitution of the United States, the Court shall issue 
     an order directing the Government to, at the Government's 
     election and to the extent required by the order of the 
     Court--

       ``(I) correct any deficiency identified by the order of the 
     Court not later than 30 days after the date on which the 
     Court issues the order; or
       ``(II) cease, or not begin, the implementation of the 
     authorization for which such certification was submitted.

       ``(ii) Limitation on use of information.--

       ``(I) In general.--Except as provided in subclause (II), no 
     information obtained or evidence derived from an acquisition 
     pursuant to a certification or targeting or minimization 
     procedures subject to an order under clause (i) 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 from the acquisition 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 clause 
     (i), the Court may permit the use or disclosure of 
     information acquired before the date of the correction under 
     such minimization procedures as the Court shall establish for 
     purposes of this clause.''.

     SEC. 305. CHALLENGES TO GOVERNMENT SURVEILLANCE.

       Section 702 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1881a), as amended by this title, is further 
     amended by adding at the end the following new subsection:
       ``(m) Challenges to Government Surveillance.--
       ``(1) Injury in fact.--In any claim in a civil action 
     brought in a court of the United States relating to 
     surveillance conducted under this section, the person 
     asserting the claim has suffered an injury in fact if the 
     person--
       ``(A) has a reasonable basis to believe that the person's 
     communications will be acquired under this section; and
       ``(B) has taken objectively reasonable steps to avoid 
     surveillance under this section.
       ``(2) Reasonable basis.--A person shall be presumed to have 
     demonstrated a reasonable basis to believe that the 
     communications of the person will be acquired under this 
     section if the profession of the person requires the person 
     regularly to communicate foreign intelligence information 
     with persons who--
       ``(A) are not United States persons; and
       ``(B) are located outside the United States.
       ``(3) Objective steps.--A person shall be presumed to have 
     taken objectively reasonable steps to avoid surveillance 
     under this section if the person demonstrates that the steps 
     were taken in reasonable response to rules of professional 
     conduct or analogous professional rules.''.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

     SEC. 401. DEFINITIONS.

       In this title:
       (1) Constitutional advocate.--The term ``Constitutional 
     Advocate'' means the Constitutional Advocate appointed under 
     section 402(b).
       (2) Decision.--The term ``decision'' means a decision, 
     order, or opinion issued by the FISA Court or the FISA Court 
     of Review.
       (3) FISA.--The term ``FISA'' means the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
       (4) FISA court.--The term ``FISA Court'' means the court 
     established under section 103(a) of FISA (50 U.S.C. 1803(a)).
       (5) FISA court of review.--The term ``FISA Court of 
     Review'' means the court of review established under section 
     103(b) of FISA (50 U.S.C. 1803(b)).
       (6) Office.--The term ``Office'' means the Office of the 
     Constitutional Advocate established under section 402(a).
       (7) Petition review pool.--The term ``petition review 
     pool'' means the petition review pool established by section 
     103(e) of FISA (50 U.S.C. 1803(e)) or any member of that 
     pool.
       (8) Significant construction or interpretation of law.--The 
     term ``significant construction or interpretation of law'' 
     means a significant construction or interpretation of a 
     provision, as that term is construed under section 601(c) of 
     FISA (50 U.S.C. 1871(c)).

     SEC. 402. OFFICE OF THE CONSTITUTIONAL ADVOCATE.

       (a) Establishment.--There is established within the 
     judicial branch of the United States an Office of the 
     Constitutional Advocate.
       (b) Constitutional Advocate.--
       (1) In general.--The head of the Office is the 
     Constitutional Advocate.
       (2) Appointment and term.--
       (A) Appointment.--The Chief Justice of the United States 
     shall appoint the Constitutional Advocate from the list of 
     candidates submitted under subparagraph (B).
       (B) Candidates.--
       (i) List of candidates.--The Privacy and Civil Liberties 
     Oversight Board shall submit to the Chief Justice a list of 
     not less than 5 qualified candidates to serve as a 
     Constitutional Advocate.
       (ii) Selection of candidates.--In preparing a list 
     described in clause (i), the Privacy and Civil Liberties 
     Oversight Board shall select candidates the Board believes 
     will be zealous and effective advocates in defense of civil 
     liberties and consider each potential candidate's--

       (I) litigation and other professional experience;
       (II) experience with the areas of law the Constitutional 
     Advocate is likely to encounter in the course of the 
     Advocate's duties; and
       (III) demonstrated commitment to civil liberties.

       (C) Security clearance.--An individual may be appointed 
     Constitutional Advocate without regard to whether the 
     individual possesses a security clearance on the date of the 
     appointment.
       (D) Term and dismissal.--A Constitutional Advocate shall be 
     appointed for a term of 3 years and may be fired only for 
     good cause shown, including the demonstrated inability to 
     qualify for an adequate security clearance.
       (E) Reappointment.--There shall be no limit to the number 
     of consecutive terms served by a Constitutional Advocate. The 
     reappointment of a Constitutional Advocate shall be made in 
     the same manner as appointment of a Constitutional Advocate.
       (F) Acting constitutional advocate.--If the position of 
     Constitutional Advocate is vacant, the Chief Justice may 
     appoint an Acting Constitutional Advocate from among the 
     qualified employees of the Office. If there are no such 
     qualified employees, the Chief Justice may appoint an Acting 
     Constitutional Advocate from the most recent list of 
     candidates provided by the Privacy and Civil Liberties 
     Oversight Board pursuant to subparagraph (B). The Acting 
     Constitutional Advocate shall have all of the powers of a 
     Constitutional Advocate and shall serve until a 
     Constitutional Advocate is appointed.
       (3) Employees.--The Constitutional Advocate is authorized, 
     without regard to the civil service laws and regulations, to 
     appoint and terminate employees of the Office.
       (c) Security Clearances.--The appropriate departments, 
     agencies, and elements of the executive branch shall 
     cooperate with the Office, to the extent possible under 
     existing procedures and requirements, to expeditiously 
     provide the Constitutional Advocate and appropriate employees 
     of the Office with the security clearances necessary to carry 
     out the duties of the Constitutional Advocate.
       (d) Duties and Authorities of the Constitutional 
     Advocate.--
       (1) In general.--The Constitutional Advocate--
       (A) shall review each application to the FISA Court by the 
     Attorney General;
       (B) shall review each decision of the FISA Court, the 
     petition review pool, or the FISA Court of Review issued 
     after the date of the enactment of this Act and all documents 
     and other material relevant to such decision in a complete, 
     unredacted form;
       (C) may participate in a proceeding before the petition 
     review pool if such participation is requested by a party in 
     such a proceeding or by the petition review pool;
       (D) shall consider any request from a provider who has been 
     served with an order, certification, or directive compelling 
     the provider to provide assistance to the Government or to 
     release customer information to assist that provider in a 
     proceeding before

[[Page S3414]]

     the FISA Court or the petition review pool, including a 
     request--
       (i) to oppose the Government on behalf of the private party 
     in such a proceeding; or
       (ii) to provide guidance to the private party if the 
     private party is considering compliance with an order of the 
     FISA Court;
       (E) shall participate in a proceeding before the FISA Court 
     if appointed to participate by the FISA Court under section 
     403(a) and may participate in a proceeding before the 
     petition review pool if authorized under section 404(a);
       (F) may request to participate in a proceeding before the 
     FISA Court or the petition review pool;
       (G) shall participate in such a proceeding if such request 
     is granted;
       (H) may request reconsideration of a decision of the FISA 
     Court under section 403(b);
       (I) may appeal or seek review of a decision of the FISA 
     Court, the petition review pool, or the FISA Court of Review, 
     as permitted by this title; and
       (J) shall participate in such appeal or review.
       (2) Advocacy.--The Constitutional Advocate shall protect 
     individual rights by vigorously advocating before the FISA 
     Court, the petition review pool, or the FISA Court of Review, 
     as appropriate, in support of legal interpretations that 
     minimize the scope of surveillance and the extent of data 
     collection and retention.
       (3) Utilization of outside counsel.--The Constitutional 
     Advocate--
       (A) may delegate to a competent outside counsel any duty or 
     responsibility of the Constitutional Advocate with respect to 
     participation in a matter before the FISA Court, the FISA 
     Court of Review, or the Supreme Court of the United States; 
     and
       (B) may not delegate to outside counsel any duty or 
     authority set out in subparagraph (A), (B), (D), (F), (H), or 
     (I) of paragraph (1).
       (4) Availability of documents and material.--The FISA 
     Court, the petition review pool, or the FISA Court of Review, 
     as appropriate, shall order any agency, department, or entity 
     to make available to the Constitutional Advocate, or 
     appropriate outside counsel if utilized by the Constitutional 
     Advocate under paragraph (3), any documents or other material 
     necessary to carry out the duties described in paragraph (1).

     SEC. 403. ADVOCACY BEFORE THE FISA COURT.

       (a) Appointment To Participate.--
       (1) In general.--The FISA Court may appoint the 
     Constitutional Advocate to participate in a FISA Court 
     proceeding.
       (2) Standing.--If the Constitutional Advocate is appointed 
     to participate in a FISA Court proceeding pursuant to 
     paragraph (1), the Constitutional Advocate shall have 
     standing as a party before the FISA Court in that proceeding.
       (b) Reconsideration of a FISA Court Decision.--
       (1) Authority to move for reconsideration.--The 
     Constitutional Advocate may move the FISA Court to reconsider 
     any decision of the FISA Court made after the date of the 
     enactment of this Act by petitioning the FISA Court not later 
     than 30 days after the date on which all documents and 
     materials relevant to the decision are made available to the 
     Constitutional Advocate.
       (2) Discretion of the fisa court.--The FISA Court shall 
     have discretion to grant or deny a motion for reconsideration 
     made pursuant to paragraph (1).
       (c) Amicus Curiae Participation.--
       (1) Motion by the constitutional advocate.--The 
     Constitutional Advocate may file a motion with the FISA Court 
     to permit and facilitate participation of amicus curiae, 
     including participation in oral argument if appropriate, in 
     any proceeding. The FISA Court shall have the discretion to 
     grant or deny such a motion.
       (2) Facilitation by the fisa court.--The FISA Court may, 
     sua sponte, permit and facilitate participation by amicus 
     curiae, including participation in oral argument if 
     appropriate, in proceedings before the FISA Court.
       (3) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the FISA Court shall promulgate 
     rules to provide the public with information sufficient to 
     allow interested parties to participate as amicus curiae.

     SEC. 404. ADVOCACY BEFORE THE PETITION REVIEW POOL.

       (a) Authority To Participate.--The petition review pool or 
     any party to a proceeding before the petition review pool may 
     authorize the Constitutional Advocate to participate in a 
     petition review pool proceeding.
       (b) Reconsideration of a Petition Review Pool Decision.--
       (1) Authority to move for reconsideration.--The 
     Constitutional Advocate may move the petition review pool to 
     reconsider any decision of the petition review pool made 
     after the date of the enactment of this Act by petitioning 
     the petition review pool not later than 30 days after the 
     date on which all documents and materials relevant to the 
     decision are made available to the Constitutional Advocate.
       (2) Discretion of the petition review pool.--The petition 
     review pool shall have discretion to grant or deny a motion 
     for reconsideration made pursuant to paragraph (1).
       (c) Amicus Curiae Participation.--
       (1) Motion by the constitutional advocate.--The 
     Constitutional Advocate may file a motion with the petition 
     review pool to permit and facilitate participation of amicus 
     curiae, including participation in oral argument if 
     appropriate, in any proceeding. The petition review pool 
     shall have the discretion to grant or deny such a motion.
       (2) Facilitation by the fisa court.--The petition review 
     pool may, sua sponte, permit and facilitate participation by 
     amicus curiae, including participation in oral argument if 
     appropriate, in proceedings before the petition review pool.
       (3) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the petition review pool shall 
     promulgate rules to provide the public with information 
     sufficient to allow interested parties to participate as 
     amicus curiae.

     SEC. 405. APPELLATE REVIEW.

       (a) Appeal of FISA Court Decisions.--
       (1) Authority to appeal.--The Constitutional Advocate may 
     appeal any decision of the FISA Court or the petition review 
     pool issued after the date of the enactment of this Act not 
     later than 90 days after the date the decision is issued, 
     unless it would be apparent to all reasonable jurists that 
     such decision is dictated by statute or by precedent handed 
     down after such date of enactment.
       (2) Standing as appellant.--If the Constitutional Advocate 
     appeals a decision of the FISA Court or the petition review 
     pool pursuant to paragraph (1), the Constitutional Advocate 
     shall have standing as a party before the FISA Court of 
     Review in such appeal.
       (3) Mandatory review.--The FISA Court of Review shall 
     review any FISA Court or petition review pool decision 
     appealed by the Constitutional Advocate and issue a decision 
     in such appeal.
       (4) Standard of review.--The standards for a mandatory 
     review of a FISA Court or petition review pool decision 
     pursuant to paragraph (3) shall be--
       (A) de novo with respect to issues of law; and
       (B) clearly erroneous with respect to determination of 
     facts.
       (5) Amicus curiae participation.--
       (A) In general.--The FISA Court of Review shall accept 
     amicus curiae briefs from interested parties in all mandatory 
     reviews pursuant to paragraph (3) and shall provide for 
     amicus curiae participation in oral argument if appropriate.
       (B) Regulations.--Not later than 180 days after the date of 
     the enactment of this Act, the FISA Court of Review shall 
     promulgate rules to provide the public with information 
     sufficient to allow interested parties to participate as 
     amicus curiae.
       (b) Review of FISA Court of Review Decisions.--
       (1) Authority.--The Constitutional Advocate may seek a writ 
     of certiorari from the Supreme Court of the United States for 
     review of any decision of the FISA Court of Review.
       (2) Standing.--In any proceedings before the Supreme Court 
     of the United States relating to a petition of certiorari 
     filed under paragraph (1) and any proceedings in a matter for 
     which certiorari is granted, the Constitutional Advocate 
     shall have standing as a party.

     SEC. 406. DISCLOSURE.

       (a) Requirement To Disclose.--The Attorney General shall 
     publicly disclose--
       (1) all decisions issued by the FISA Court, the petition 
     review pool, or the FISA Court of Review after July 10, 2003, 
     that include a significant construction or interpretation of 
     law;
       (2) any decision of the FISA Court or the petition review 
     pool appealed by the Constitutional Advocate pursuant to this 
     title; and
       (3) any FISA Court of Review decision that is issued after 
     an appeal by the Constitutional Advocate.
       (b) Disclosure Described.--For each disclosure required by 
     subsection (a) with respect to a decision, the Attorney 
     General shall make available to the public documents 
     sufficient--
       (1) to identify with particularity each legal question 
     addressed by the decision and how such question was resolved;
       (2) to describe in general terms the context in which the 
     matter arises;
       (3) to describe the construction or interpretation of any 
     statute, constitutional provision, or other legal authority 
     relied on by the decision; and
       (4) to indicate whether the decision departed from any 
     prior decision of the FISA Court, the petition review pool, 
     or the FISA Court of Review.
       (c) Documents Described.--The Attorney General shall 
     satisfy the disclosure requirements in subsection (b) by--
       (1) releasing a FISA Court, petition review pool, or FISA 
     Court of Review decision in its entirety or as redacted;
       (2) releasing a summary of a FISA Court, petition review 
     pool, or FISA Court of Review decision; or
       (3) releasing an application made to the FISA Court, a 
     petition made to the petition review pool, briefs filed 
     before the FISA Court, the petition review pool, or the FISA 
     Court of Review, or other materials, in full or as redacted.
       (d) Extensive Disclosure.--The Attorney General shall 
     release as much information regarding the facts and analysis 
     contained in a decision described in subsection (a) or 
     documents described in subsection (c) as is consistent with 
     legitimate national security concerns.
       (e) Timing of Disclosure.--

[[Page S3415]]

       (1) Decisions issued prior to enactment.--A decision issued 
     prior to the date of the enactment of this Act that is 
     required to be disclosed under subsection (a)(1) shall be 
     disclosed not later than 180 days after the date of the 
     enactment of this Act.
       (2) FISA court and petition review pool decisions.--The 
     Attorney General shall release FISA Court or petition review 
     pool decisions appealed by the Constitutional Advocate not 
     later than 30 days after the date the appeal is filed.
       (3) FISA court of review decisions.--The Attorney General 
     shall release FISA Court of Review decisions appealed by the 
     Constitutional Advocate not later than 90 days after the date 
     the appeal is filed.
       (f) Petition by the Constitutional Advocate.--
       (1) Authority to petition.--The Constitutional Advocate may 
     petition the FISA Court, the petition review pool, or the 
     FISA Court of Review to order--
       (A) the public disclosure of a decision of such a Court or 
     review pool, and documents or other material relevant to such 
     a decision, previously designated as classified information; 
     or
       (B) the release of an unclassified summary of such 
     decisions and documents.
       (2) Contents of petition.--Each petition filed under 
     paragraph (1) shall contain a detailed declassification 
     proposal or a summary of the decision and documents that the 
     Constitutional Advocate proposes to have released publicly.
       (3) Role of the attorney general.--
       (A) Copy of petition.--The Constitutional Advocate shall 
     provide to the Attorney General a copy of each petition filed 
     under paragraph (1).
       (B) Opposition.--The Attorney General may oppose a petition 
     filed under paragraph (1) by submitting any objections in 
     writing to the FISA Court, the petition review pool, or the 
     FISA Court of Review, as appropriate, not later than 90 days 
     after the date such petition was submitted.
       (4) Public availability.--Not less than 91 days after 
     receiving a petition under paragraph (1), and taking into 
     account any objections from the Attorney General made under 
     paragraph (3)(B), the FISA Court, the petition review pool, 
     or the FISA Court of Review, as appropriate, shall declassify 
     and make readily available to the public any decision, 
     document, or other material requested in such petition, to 
     the greatest extent possible, consistent with legitimate 
     national security considerations.
       (5) Effective date.--The Constitutional Advocate may not 
     file a petition under paragraph (1) until 181 days after the 
     date of the enactment of this Act, except with respect to a 
     decision appealed by the Constitutional Advocate.

     SEC. 407. ANNUAL REPORT TO CONGRESS.

       (a) Requirement for Annual Report.--The Constitutional 
     Advocate shall submit to Congress an annual report on the 
     implementation of this title.
       (b) Contents.--Each annual report submitted under 
     subsection (a) shall--
       (1) detail the activities of the Office;
       (2) provide an assessment of the effectiveness of this 
     title; and
       (3) propose any new legislation to improve the functioning 
     of the Office or the operation of the FISA Court, the 
     petition review pool, or the FISA Court of Review.

     SEC. 408. PRESERVATION OF RIGHTS.

       Nothing in this title shall be construed--
       (1) to provide the Attorney General with authority to 
     prevent the FISA Court, the petition review pool, or the FISA 
     Court of Review from declassifying decisions or releasing 
     information pursuant to this title; and
       (2) to eliminate the public's ability to secure information 
     under section 552 of title 5, United States Code (commonly 
     known as the ``Freedom of Information Act'') or any other 
     provision of law.

               TITLE V--NATIONAL SECURITY LETTER REFORMS

     SEC. 501. NATIONAL SECURITY LETTER AUTHORITY.

       (a) National Security Letter Authority for Communications 
     Subscriber Records.--
       (1) In general.--Section 2709(b) of title 18, United States 
     Code, is amended by amending paragraphs (1) and (2) to read 
     as follows:
       ``(1) request the name, address, length of service, and 
     local and long distance toll billing records of a person or 
     entity if the Director (or the Director's designee) certifies 
     in writing to the wire or electronic communication service 
     provider to which the request is made that--
       ``(A) the name, address, length of service, and toll 
     billing records sought are relevant to an authorized 
     investigation to protect against international terrorism or 
     clandestine intelligence activities, provided that such an 
     investigation of a United States person is not conducted 
     solely on the basis of activities protected by the first 
     amendment to the Constitution of the United States; and
       ``(B) there are specific and articulable facts showing that 
     there are reasonable grounds to believe that the name, 
     address, length of service, and toll billing records sought--
       ``(i) pertain to a foreign power or agent of a foreign 
     power;
       ``(ii) are relevant to the activities of a suspected agent 
     of a foreign power who is the subject of such authorized 
     investigation; or
       ``(iii) pertain to an individual in contact with, or known 
     to, a suspected agent; and
       ``(2) request the name, address, and length of service of a 
     person or entity if the Director (or the Director's designee) 
     certifies in writing to the wire or electronic communication 
     service provider to which the request is made that--
       ``(A) the information sought is relevant to an authorized 
     investigation to protect against international terrorism or 
     clandestine intelligence activities, provided that such an 
     investigation of a United States person is not conducted 
     solely upon the basis of activities protected by the first 
     amendment to the Constitution of the United States; and
       ``(B) there are specific and articulable facts showing that 
     there are reasonable grounds to believe that the information 
     sought pertains to--
       ``(i) a foreign power or agent of a foreign power;
       ``(ii) the activities of a suspected agent of a foreign 
     power who is the subject of such authorized investigation; or
       ``(iii) an individual in contact with, or known to, a 
     suspected agent.''.
       (b) National Security Letter Authority for Certain 
     Financial Records.--Section 1114 of the Right to Financial 
     Privacy Act of 1978 (12 U.S.C. 3414) is amended to read as 
     follows:

     ``SEC. 1114. NATIONAL SECURITY LETTER FOR CERTAIN FINANCIAL 
                   RECORDS.

       ``(a) Authorization.--
       ``(1) In general.--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 Special Agent in Charge in a Bureau field 
     office, or the Director of the United States Secret Service 
     may issue in writing and cause to be served on a financial 
     institution, a National Security Letter requiring the 
     production of--
       ``(A) the name of a customer of the financial institution;
       ``(B) the address of a customer of the financial 
     institution;
       ``(C) the length of time during which a person has been, or 
     was, a customer of the financial institution (including the 
     start date) and the type of service provided by the 
     institution to the customer; and
       ``(D) any account number or other unique identifier 
     associated with a customer of the financial institution.
       ``(2) Limitation.--A National Security Letter issued under 
     this subsection may not require the production of records or 
     information not listed in paragraph (1).
       ``(b) National Security Letter Requirements.--
       ``(1) In general.--A National Security Letter issued under 
     subsection (a) shall--
       ``(A) be subject to the requirements of subsections (b) 
     through (f) of section 2709 of title 18, United States Code, 
     in the same manner and to the same extent as those provisions 
     apply with respect to a request under section 2709(b) of 
     title 18, United States Code, to a wire or electronic 
     communication service provider;
       ``(B)(i) in the case of a National Security Letter issued 
     by the Director of the Federal Bureau of Investigation or the 
     Director's designee, include a statement of facts showing 
     that there are reasonable grounds to believe that the records 
     or other things sought--
       ``(I) are relevant to an authorized investigation (other 
     than a threat assessment) to obtain foreign intelligence 
     information not concerning a United States person or to 
     protect against international terrorism or clandestine 
     intelligence activities; and
       ``(II) pertain to--

       ``(aa) a foreign power or an agent of a foreign power;
       ``(bb) the activities of a suspected agent of a foreign 
     power who is the subject of such authorized investigation; or
       ``(cc) an individual in contact with, or known to, a 
     suspected agent of a foreign power; and

       ``(ii) in the case of a National Security Letter issued by 
     the Director of the United States Secret Service, include a 
     statement of facts showing that there are reasonable grounds 
     to believe that the records or other things sought are 
     relevant to the conduct of the protective functions of the 
     United States Secret Service.
       ``(2) Reporting.--On a semiannual basis the Director of the 
     Federal Bureau of Investigation and the Director of the 
     United States Secret Service shall fully inform the Select 
     Committee on Intelligence, the Committee on the Judiciary, 
     and the Committee on Banking, Housing, and Urban Affairs of 
     the Senate and the Permanent Select Committee on 
     Intelligence, the Committee on the Judiciary, and the 
     Committee on Financial Services of the House of 
     Representatives, concerning all requests made under 
     subsection (a).
       ``(3) Definitions.--For purposes of this subsection, the 
     terms `agent of a foreign power', `international terrorism', 
     `foreign intelligence information', and `United States 
     person' have the same meanings as in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).
       ``(c) Definition of `Financial Institution'.--For purposes 
     of this section (and sections 1115 and 1117, insofar as the 
     sections relate to the operation of this section), the term 
     `financial institution' has the same meaning as in 
     subsections (a)(2) and (c)(1) of section 5312 of title 31, 
     United States Code, except that the term shall include only a 
     financial institution any part of which is located inside any 
     State or territory of the United States, the District of 
     Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth 
     of the Northern Mariana Islands, or the United States Virgin 
     Islands.''.

[[Page S3416]]

       (c) National Security Letter Authority for Certain Consumer 
     Report Records.--
       (1) In general.--Section 626 of the Fair Credit Reporting 
     Act (15 U.S.C. 1681u) is amended--
       (A) by striking the section heading and inserting the 
     following:

     ``Sec. 626. National Security Letters for certain consumer 
       report records'';

       (B) by striking subsections (a) through (d) and inserting 
     the following:
       ``(a) Authorization.--
       ``(1) In general.--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 Special Agent in Charge in a Bureau field 
     office, may issue in writing and cause to be served on a 
     consumer reporting agency a National Security Letter 
     requiring the production of--
       ``(A) the name of a consumer;
       ``(B) the current and former address of a consumer;
       ``(C) the current and former places of employment of a 
     consumer; and
       ``(D) the name and address of any financial institution (as 
     that term is defined in section 1101 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3401)) at which a 
     consumer maintains or has maintained an account, to the 
     extent that the information is in the files of the consumer 
     reporting agency.
       ``(2) Limitation.--A National Security Letter issued under 
     this subsection may not require the production of a consumer 
     report.
       ``(b) National Security Letter Requirements.--
       ``(1) In general.--A National Security Letter issued under 
     subsection (a) shall--
       ``(A) be subject to the requirements of subsections (b) 
     through (f) of section 2709 of title 18, United States Code, 
     in the same manner and to the same extent as those provisions 
     apply with respect to a request under section 2709(b) of 
     title 18, United States Code, to a wire or electronic 
     communication service provider; and
       ``(B) include a statement of facts showing that there are 
     reasonable grounds to believe that the records or other 
     things sought--
       ``(i) are relevant to an authorized investigation (other 
     than a threat assessment) to obtain foreign intelligence 
     information not concerning a United States person or to 
     protect against international terrorism or clandestine 
     intelligence activities; and
       ``(ii) pertain to--

       ``(I) a foreign power or an agent of a foreign power;
       ``(II) the activities of a suspected agent of a foreign 
     power who is the subject of such authorized investigation; or
       ``(III) an individual in contact with, or known to, a 
     suspected agent of a foreign power.

       ``(2) Reporting.--On a semiannual basis the Director of the 
     Federal Bureau of Investigation shall fully inform the Select 
     Committee on Intelligence, the Committee on the Judiciary, 
     and the Committee on Banking, Housing, and Urban Affairs of 
     the Senate and the Permanent Select Committee on 
     Intelligence, the Committee on the Judiciary, and the 
     Committee on Financial Services of the House of 
     Representatives, concerning all requests made under 
     subsection (a).
       ``(3) Definitions.--For purposes of this subsection, the 
     terms `agent of a foreign power', `international terrorism', 
     `foreign intelligence information', and `United States 
     person' have the same meanings as in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).'';
       (C) by striking subsections (f) through (h); and
       (D) by redesignating subsections (e) and (i) through (m) as 
     subsections (c) through (h), respectively.
       (2) Repeal.--Section 627 of the Fair Credit Reporting Act 
     (15 U.S.C. 1681v) is repealed.
       (d) Technical and Conforming Amendment.--
       (1) Table of sections amendment.--The table of sections for 
     the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is 
     amended by striking the items relating to sections 626 and 
     627 and inserting the following:

``626. National Security Letters for certain consumer report records.
``627. [Repealed].''.

       (2) Conforming amendments.--
       (A) Notice requirements.--Section 1109 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3409) is amended by 
     striking subsection (c).
       (B) Title 18, united states code.--Title 18, United States 
     Code, is amended--
       (i) in section 1510(e), by striking ``section 626(d)(1) or 
     627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 
     1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 
     1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 
     U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)),'' and inserting 
     ``section 626 of the Fair Credit Reporting Act (15 U.S.C. 
     1681u), section 1114 of the Right to Financial Privacy Act of 
     1978 (12 U.S.C. 3414),''; and
       (ii) in section 3511--

       (I) by striking ``section 1114(a)(5)(A) of the Right to 
     Financial Privacy Act,'' each place that term appears and 
     inserting ``section 1114 of the Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3414),''; and
       (II) by striking ``or section 627(a)'' each place that term 
     appears.

       (C) National security act of 1947.--Section 507(b) of the 
     National Security Act of 1947 (50 U.S.C. 3106(b)) is 
     amended--
       (i) in paragraph (2), by striking ``section 626(h)(2) of 
     the Fair Credit Reporting Act (15 U.S.C. 1681u(h)(2)).'' and 
     inserting ``section 626(b)(2) of the Fair Credit Reporting 
     Act (15 U.S.C. 1681u(b)(2)).''; and
       (ii) in paragraph (3), by striking ``section 1114(a)(5)(C) 
     of the Right to Financial Privacy Act of 1978 (12 U.S.C. 
     3414(a)(5)(C)).'' and inserting ``section 1114(b)(2) of the 
     Right to Financial Privacy Act of 1978 (12 U.S.C. 
     3414(b)(2)).''.
       (D) USA patriot act.--
       (i) Section 118.--Section 118 of the USA PATRIOT 
     Improvement and Reauthorization Act of 2005 (Public Law 109-
     177; 18 U.S.C. 3511 note) is amended--

       (I) in subsection (c)(1)--

       (aa) in subparagraph (C), by inserting ``and'' at the end;
       (bb) in subparagraph (D), by striking ``; and'' and 
     inserting a period; and
       (cc) by striking subparagraph (E); and

       (II) in subsection (d)--

       (aa) in paragraph (2), by striking ``Section 1114(a)(5)(A) 
     of the Right to Financial Privacy Act (12 U.S.C. 
     3414(a)(5)(A))'' and inserting ``Section 1114 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414)''; and
       (bb) by striking paragraph (5).
       (ii) Section 119.--Section 119(g) of the USA PATRIOT 
     Improvement and Reauthorization Act of 2005 (Public Law 109-
     177; 120 Stat. 219) is amended--

       (I) in paragraph (2), by striking ``Section 1114(a)(5)(A) 
     of the Right to Financial Privacy Act (12 U.S.C. 
     3414(a)(5)(A))'' and inserting ``Section 1114 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414)''; and
       (II) by striking paragraph (5).

     SEC. 502. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

       Section 118(c) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (Public Law 109-177; 18 U.S.C. 
     3511 note), as amended by section 501(d)(2)(D)(i), is further 
     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 the 
     total number of requests described in paragraph (1) requiring 
     disclosure of information concerning--
       ``(i) United States persons;
       ``(ii) persons who are not United States persons;
       ``(iii) persons who are the subjects of authorized national 
     security investigations; or
       ``(iv) persons who are not the subjects of authorized 
     national security investigations.
       ``(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 provide information separated into each of the 
     categories described in subparagraph (A).''.

     TITLE VI--REPORTING FISA ORDERS AND NATIONAL SECURITY LETTERS

     SEC. 601. THIRD-PARTY REPORTING OF FISA ORDERS AND NATIONAL 
                   SECURITY LETTERS.

       (a) In General.--Each electronic service provider may 
     report information to the public in accordance with this 
     section about requests and demands for information made by 
     any Government entity under a surveillance law, and is exempt 
     in accordance with subsection (d) from liability with respect 
     to that report, even if such provider would otherwise be 
     prohibited by a surveillance law from reporting that 
     information.
       (b) Periodic Aggregate Reports.--An electronic service 
     provider may report such information not more often than 
     quarterly and only to the following extent:
       (1) Estimate of numbers of demands and requests made.--The 
     report may reveal an estimate of the number of such demands 
     and requests made during the period to which the report 
     pertains.
       (2) Estimate of numbers of demands and requests complied 
     with.--The report may reveal an estimate of the numbers of 
     such demands and requests the service provider complied with 
     during the period to which the report pertains, regardless of 
     when the demands or requests were made.
       (3) Estimate of number of users or accounts.--The report 
     may reveal an estimate of the numbers of users or accounts, 
     or both, of the service provider, for which information was 
     demanded, requested, or provided during the period to which 
     the report pertains.
       (c) Special Rules for Reports.--
       (1)  Level of detail by authorizing surveillance law.--Any 
     estimate disclosed under this section may be an overall 
     estimate or broken down by categories of authorizing 
     surveillance laws or by provisions of authorizing 
     surveillance laws.
       (2) Level of detail by numerical range.--Each estimate 
     disclosed under this section shall be rounded to the nearest 
     100. If an estimate is zero, an electronic service provider 
     may report the estimate as zero.
       (3) Report may be broken down by periods not less than 
     calendar quarters.--For any reporting period, the provider 
     may break

[[Page S3417]]

     down the report by calendar quarters or any other time 
     periods greater than a calendar quarter.
       (d) Limitation on Liability.--An electronic service 
     provider making a report that the provider reasonably 
     believes in good faith is authorized by this section is not 
     criminally or civilly liable in any court for making that 
     report.
       (e) Rule of Construction.--Nothing in this section shall be 
     construed to prohibit disclosures other than those authorized 
     by this section.
       (f) Definitions.--In this section:
       (1) The term ``electronic service provider'' means a 
     provider of an electronic communications service (as that 
     term is defined in section 2510 of title 18, United States 
     Code) or a provider of a remote computing service (as that 
     term is defined in section 2711 of title 18, United States 
     Code).
       (2) The term ``surveillance law'' means any provision of 
     any of the following:
       (A) The Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801 et seq.).
       (B) Section 802(a) of the National Security Act of 1947 (50 
     U.S.C. 3162(a)).
       (C) Section 2709 of title 18, United States Code.
       (D) Section 1114 of the Right to Financial Privacy Act of 
     1978 (12 U.S.C. 3414).
       (E) Subsections (a) or (b) of section 626 of the Fair 
     Credit Reporting Act (15 U.S.C. 1681u).

     SEC. 602. GOVERNMENT REPORTING OF FISA ORDERS.

       (a) Electronic Surveillance.--Section 107 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1807) is 
     amended--
       (1) by redesignating subsections (a) and (b) as paragraphs 
     (1) and (2), respectively;
       (2) in the matter preceding paragraph (1) (as redesignated 
     by paragraph (1) of this subsection)--
       (A) by striking ``In April'' and inserting ``(a) In 
     April''; and
       (B) by striking ``Congress'' and inserting ``the Select 
     Committee on Intelligence and the Committee on the Judiciary 
     of the Senate and the Permanent Select Committee on 
     Intelligence and the Committee on the Judiciary of the House 
     of Representatives'';
       (3) in subsection (a) (as designated by paragraph (2) of 
     this subsection)--
       (A) in paragraph (1) (as redesignated by paragraph (1) of 
     this subsection), by striking ``and'' at the end;
       (B) in paragraph (2) (as so redesignated), by striking the 
     period at the end and inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(3) the total number of individuals who were subject to 
     electronic surveillance conducted under an order entered 
     under this title, rounded to the nearest 100; and
       ``(4) the total number of United States persons who were 
     subject to electronic surveillance conducted under an order 
     entered under this title, rounded to the nearest 100.''; and
       (4) by adding at the end the following new subsection:
       ``(b)(1) Each report required under subsection (a) shall be 
     submitted in unclassified form.
       ``(2) Not later than 7 days after a report is submitted 
     under subsection (a), the Attorney General shall make such 
     report publicly available.''.
       (b) Pen Register and Trap and Trace Devices.--Section 406 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1846) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(4) a good faith estimate of the total number of 
     individuals whose electronic or wire communications 
     information was obtained through the use of pen register or 
     trap and trace devices authorized under an order entered 
     under this title, rounded to the nearest 100; and
       ``(5) a good faith estimate of the total number of United 
     States persons whose electronic or wire communications 
     information was obtained through the use of a pen register or 
     trap and trace devices authorized under an order entered 
     under this title, rounded to the nearest 100.''; and
       (2) by adding at the end the following new subsection:
       ``(c)(1) Each report required under subsection (b) shall be 
     submitted in unclassified form.
       ``(2) Not later than 7 days after a report is submitted 
     under subsection (b), the Attorney General shall make such 
     report publicly available.''.
       (c) Access to Certain Business Records.--Section 502 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1862) is amended--
       (1) in subsection (b)(3), by adding at the end the 
     following new subparagraphs:
       ``(F) Records concerning electronic communications.
       ``(G) Records concerning wire communications.''; and
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``and'' at the end;
       (ii) in subparagraph (B), by striking the period at the end 
     and inserting a semicolon; and
       (iii) by adding at the end the following new subparagraphs:
       ``(C) a good faith estimate of the total number of 
     individuals whose tangible things were produced under an 
     order entered under section 501, rounded to the nearest 100; 
     and
       ``(D) a good faith estimate of the total number of United 
     States persons whose tangible things were produced under an 
     order entered under section 501, rounded to the nearest 
     100.''; and
       (B) by adding at the end the following new paragraph:
       ``(3) Not later than 7 days after the date on which a 
     report is submitted under paragraph (1), the Attorney General 
     shall make such report publicly available.''.
       (d) Additional Procedures Regarding Certain Persons Outside 
     the United States.--Section 707 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1881f) is amended by 
     adding at the end the following new subsection:
       ``(c) Additional Annual Report.--
       ``(1) Report required.--In April of each year, the Attorney 
     General shall submit to the congressional intelligence 
     committees and the Committees on the Judiciary of the House 
     of Representatives and the Senate a report setting forth with 
     respect to the preceding year--
       ``(A) the total number of--
       ``(i) directives issued under section 702;
       ``(ii) orders granted under section 703; and
       ``(iii) orders granted under section 704;
       ``(B) good faith estimates of the total number of 
     individuals, rounded to the nearest 100, whose electronic or 
     wire communications or communications records were collected 
     pursuant to--
       ``(i) an order granted under section 703; and
       ``(ii) an order granted under section 704; and
       ``(C) good faith estimates of the total number, rounded to 
     the nearest 100, of United States persons whose electronic or 
     wire communications or communications records were collected 
     pursuant to--
       ``(i) an order granted under section 703; and
       ``(ii) an order granted under section 704.
       ``(2) Form.--Each report required under paragraph (1) shall 
     be submitted in unclassified form.
       ``(3) Public availability.--Not later than 7 days after the 
     date on which a report is submitted under paragraph (1), the 
     Attorney General shall make such report publicly 
     available.''.

                        TITLE VII--OTHER MATTERS

     SEC. 701. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 
                   SUBPOENA AUTHORITY.

       Section 1061(g) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
       (1) in paragraph (1)(D), by striking ``submit a written 
     request to the Attorney General of the United States that the 
     Attorney General'';
       (2) by striking paragraph (2); and
       (3) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3).

     SEC. 702. SCOPE OF LIABILITY PROTECTION FOR PROVIDING 
                   ASSISTANCE TO THE GOVERNMENT.

       Section 802 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1885a) is amended--
       (1) in subsection (a), in the matter preceding paragraph 
     (1), by inserting ``and except as provided in subsection 
     (j),'' after ``law,''; and
       (2) by adding at the end the following:
       ``(j) Violation of User Agreements.--Subsection (a) shall 
     not apply to assistance provided by a person if the provision 
     of assistance violates a user agreement, including any 
     privacy policy associated with the user agreement, in effect 
     at the time the assistance is provided between the person and 
     the person relating to whom the assistance was provided.''.
                                 ______
                                 
  SA 1461. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1735, to authorize appropriations for fiscal year 
2016 for military activities of the Department of Defense and for 
military construction, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       In section 113(b), strike ``The Secretary shall'' and 
     insert ``Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall''.
                                 ______
                                 
  SA 1462. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 1735, to authorize appropriations for fiscal year 
2016 for military activities of the Department of Defense and for 
military construction, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       In section 112(b), strike ``The Secretary shall'' and 
     insert ``Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall''.

                          ____________________