[Congressional Record (Bound Edition), Volume 159 (2013), Part 11]
[Senate]
[Pages 16339-16355]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CRUZ (for himself and Mr. Cornyn):
  S. 1594. A bill to designate the United States courthouse located at 
101 East Pecan Street in Sherman, Texas, as the Paul Brown United 
States Courthouse; to the Committee on Environment and Public Works.
  Mr. CRUZ. Mr. President, I rise today to honor the late Judge Paul 
Brown, and to urge the Senate to adopt a bill I am introducing, along 
with the Senior Senator from Texas. This bill will rename the Federal 
courthouse in Sherman, TX, as the Paul Brown United States Courthouse.
  Judge Brown was a Federal judge for the United States District Court 
for the Eastern District of Texas. He joined the court in 1985, after 
being nominated by President Reagan. He served on that court admirably 
until his death on November 26, 2012.
  Judge Paul Brown was born on October 4, 1926. He was the youngest of 
6 children. He was raised on a farm near Pottsboro, TX. He graduated 
from Denison High School in 1943.
  He left home to attend the University of Texas at Austin. But with 
World War II escalating, he left UT to enlist in the Navy at the age of 
17. He returned to UT, where he got his law degree in 1950. He is said 
to have loved UT so much that a fellow judge once recalled that 
although Judge Brown never wore a burnt orange tie on the bench, you 
could see him ``glow orange'' by simply mentioning UT.
  Just after Judge Brown got his law degree, the Korean War began. And 
he served our country admirably once again in the Navy from 1950 to 
1951. In 1951, he returned to Sherman, TX, and began private practice. 
In 1953, he was appointed as an Assistant U.S. Attorney for the Eastern 
District of Texas. President Eisenhower named him U.S. Attorney for the 
Eastern District of Texas in 1959.
  After meeting and marrying Francis Morehead in Texarkana, Judge Brown 
then moved back to Sherman and reentered private practice in 1961. 
After almost a quarter century of practicing law in Sherman, Senator 
Phil Gramm recommended Judge Brown to President Reagan for a new 
vacancy in the Eastern District of Texas.
  Judge Brown was confirmed for this vacancy in 1985. He served with 
distinction for the next 27 years. Judge Brown took senior status in 
2001. At Judge Brown's retirement celebration, Chief Judge Heartfield 
called Judge Brown ``a textbook member'' of ``the Greatest 
Generation.''
  His legacy lives on today, as the Judge Paul Brown Endowed 
Scholarship was established at the University of Texas School of Law in 
2005. He was honored as a Distinguished Alumnus of Denison High School 
in 2006.
  Judge Brown will be missed by his family, his community, and his 
nation. He, and his family, deserve this great honor, as the people of 
Sherman, TX, will forever remember the great jurist, Judge Paul Brown.
                                 ______
                                 
      By Mr. LEAHY (for himself, Mr. Lee, Mr. Durbin, Mr. Heller, Mr. 
        Blumenthal, Ms. Murkowski, Ms. Hirono, Mr. Udall of New Mexico, 
        Mr. Begich, Ms. Baldwin, Mr. Heinrich, Mr. Markey, Mr. Udall of 
        Colorado, Ms. Warren, Mr. Merkley, Mr. Tester, Mr. Schatz, and 
        Mr. Menendez):
  S. 1599. A bill to reform the authorities of the Federal Government 
to require the production of certain business records, conduct 
electronic surveillance, use pen registers and trap and trace devices, 
and use other forms of information gathering for foreign intelligence, 
counterterrorism, and criminal purposes, and for other purposes; to the 
Committee on the Judiciary.
  Mr. LEAHY. Mr. President, the Foreign Intelligence Surveillance Act, 
or FISA, was enacted 35 years ago to limit the government's ability to 
engage in domestic surveillance operations. In the years since 
September 11, 2001, Congress has repeatedly expanded the scope of this 
law to provide the government with broad new powers to gather 
information about law-abiding Americans. No one underestimates the 
threat this country continues to face, and we can all agree that the 
intelligence community should be given necessary and appropriate tools 
to help keep us safe. But we should also agree that there

[[Page 16340]]

must be reasonable limits on the surveillance powers we give to the 
government. That is why I have consistently fought to curtail the 
sweeping powers contained in the USA PATRIOT Act and FISA Amendments 
Act, while also bolstering privacy protections and strengthening 
oversight. And that is why I continue my efforts today by joining with 
Congressman Jim Sensenbrenner, as well as members of Congress from both 
political parties, to introduce the bipartisan USA FREEDOM Act of 2013.
  Over the past several months, Americans have learned that government 
surveillance programs conducted under FISA are far broader than 
previously understood. Section 215 of the USA PATRIOT Act has for years 
been secretly interpreted to authorize the dragnet collection of 
Americans' phone records on an unprecedented scale, regardless of 
whether those Americans have any connection to terrorist activities or 
groups. The American public also learned more about the government's 
broad collection of Internet data through the use of Section 702 of 
FISA. And the world has learned that this surveillance has extended to 
millions of individuals in the global community including some of our 
allies and their leaders. These revelations have undermined Americans' 
trust in our intelligence community and harmed our relationships with 
some of our most important international partners.
  While I do not condone the manner in which these and other highly 
classified programs were disclosed, I agree with the Director of 
National Intelligence that this debate about surveillance needed to 
happen. It is a debate that some of us in Congress have been engaged in 
for years. Since this summer, the Judiciary Committee convened two 
public hearings and a classified briefing with officials from the 
administration, including the Director of National Intelligence, the 
Director of the National Security Agency, and the Deputy Attorney 
General.
  As a result of these hearings and the recent declassification of 
documents by the administration, the public now knows about the 
repeated and substantial legal and policy violations by the NSA in its 
implementation of both Section 215 and Section 702. The public now 
knows that, in addition to collecting phone call metadata on millions 
of law-abiding Americans, the NSA collected, without a warrant, the 
contents of tens of thousands of wholly domestic emails of innocent 
Americans. The NSA also violated a FISA Court order by regularly 
searching the Section 215 bulk phone records database without meeting 
the standard imposed by the Court.
  These repeated violations, which have occurred nearly every year that 
these programs have been authorized by the FISA Court, led to several 
reprimands from the FISA Court for what it called ``systemic 
noncompliance'' by the government. In addition, the Court admonished 
the government for making a series of substantial misrepresentations to 
the Court about its activities. The NSA has assured Congress that these 
problems have been corrected. Yet with each new revelation in the press 
about new techniques developed by the NSA that intrude into the privacy 
and everyday lives of Americans, I grow increasingly concerned about 
the lack of sufficient oversight and accountability.
  Last week, the Assistant to the President for Homeland Security and 
Counterterrorism, Lisa Monaco, stated that the government should only 
collect data ``because we need it and not just because we can.'' I 
completely agree--and that is why the government's dragnet collection 
of phone records should end. The government has not made a compelling 
case that this program is an effective counterterrorism tool, 
especially when balanced against the intrusion on Americans' privacy. 
In fact, both the Director and the Deputy Director of the NSA have 
testified before the Judiciary Committee that there is no evidence that 
the Section 215 phone records collection program helped to thwart 
dozens or even several terrorist plots.
  It is clear that as the administration has become more open and 
forthright about these programs, the facts have not matched the 
rhetoric. It is time for serious and meaningful reforms to FISA in 
order to restore the confidence of the American people in our 
intelligence community. Modest transparency and oversight provisions 
are a good first step, but by themselves they are insufficient to 
protect the privacy rights and civil liberties of Americans. We must do 
more.
  The USA FREEDOM ACT is a legislative solution that comprehensively 
addresses a range of surveillance authorities contained in FISA. I want 
to thank Congressman Sensenbrenner for his dedicated work on this 
bipartisan, bicameral piece of legislation that we are introducing 
today. We are joined in this effort by members of Congress from both 
chambers and across the political spectrum, and I want to thank the 
following Senators for cosponsoring this legislation: Senator Lee, 
Senator Durbin, Senator Heller, Senator Blumenthal, Senator Murkowski, 
Senator Hirono, Senator Udall of New Mexico, Senator Begich, Senator 
Baldwin, Senator Heinrich, Senator Markey, Senator Udall of Colorado, 
Senator Warren, Senator Merkley, Senator Tester, and Senator Schatz.
  Our bill will end the dragnet collection of phone records under 
Section 215 of the PATRIOT Act by requiring that only documents or 
records relevant and material to an investigation may be obtained, and 
that they have some particular nexus to a specific foreign agent or 
power. It will also ensure that the FISA pen register statute and 
National Security Letters cannot be used to authorize similar dragnet 
collection by applying the same standard. The bill also adds more 
meaningful judicial review of Section 215 orders and raises the 
standard for the government to obtain a gag order for every Section 215 
order.
  In addition to stopping the dragnet collection of phone records, our 
legislation will address privacy concerns related to surveillance 
conducted under the FISA Amendments Act, which allows the government to 
gather vast amounts of Internet communications content by foreigners 
located overseas. Given the technological nature of Internet 
communications, we must vigilantly protect against the inadvertent 
collection of the contents of the wholly domestic communications of 
U.S. persons--something that the NSA acknowledged has happened before. 
Our bill will place stricter limits on this type of collection, and 
also require the government to obtain a court order prior to conducting 
`back door' searches looking for the communications of U.S. persons in 
databases collected without a warrant under Section 702 of FISA.
  Finally, the USA FREEDOM Act will require enhanced accountability, 
transparency, and oversight in the FISA process. Our bill builds on a 
proposal by Senator Blumenthal to provide for the creation of a Special 
Advocate who will advocate specifically for the protection of privacy 
rights and civil liberties before the FISA Court, as well as a process 
for publicly releasing FISA Court opinions containing significant 
interpretations of law. Under the bill, public confidence in the 
government's activities will also be strengthened by more detailed 
public reporting about the numbers and types of FISA orders that are 
issued.
  Importantly, this measure requires new Inspector General reviews and 
imposes new sunset dates. I have long believed that sunset provisions 
are an important tool because nothing focuses the attention of Congress 
or the Executive Branch like the looming chance that a law will end. It 
is important to note that Section 215, which the government is using to 
conduct dragnet phone records collection, will expire in June 2015 
unless Congress decides otherwise. This bill also shortens the FISA 
Amendments Act sunset by 2 years, and adds a new sunset for National 
Security Letters. This aligns all of these FISA sunsets so that 
Congress can address them comprehensively in 2015, rather than in a 
piecemeal fashion.
  These are all commonsense, bipartisan improvements that will ensure 
appropriate limits are placed on the government's vast surveillance 
powers.

[[Page 16341]]

The American people deserve to know how laws governing surveillance 
authorities are being interpreted and will implicate their personal 
information and activities. The American people also deserve to know 
whether these programs have proven sufficiently valuable as 
counterterrorism tools to justify their extraordinary breadth. This 
legislation will help to repair that trust deficit by providing 
enhanced layers of transparency, oversight, and accountability to 
ensure that we are protecting national security while restoring 
protections for the privacy rights and civil liberties of law-abiding 
Americans.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1599

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Uniting 
     and Strengthening America by Fulfilling Rights and Ending 
     Eavesdropping, Dragnet-collection, and Online Monitoring 
     Act'' or the ``USA FREEDOM Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                 TITLE I--FISA BUSINESS RECORDS REFORMS

Sec. 101. Privacy protections for business records orders.
Sec. 102. Inspector general reports on business records orders.

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

Sec. 201. Privacy protections for pen registers and trap and trace 
              devices.
Sec. 202. Inspector general reports on pen registers and trap and trace 
              devices.

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

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.
Sec. 303. Prohibition on reverse targeting.
Sec. 304. Limits on use of unlawfully obtained information.
Sec. 305. Modification of FISA Amendments Act of 2008 sunset.
Sec. 306. Inspector general reviews of authorities.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401. Office of the Special Advocate.
Sec. 402. Foreign Intelligence Surveillance Court disclosure of 
              opinions.
Sec. 403. Preservation of rights.

               TITLE V--NATIONAL SECURITY LETTER REFORMS

Sec. 501. National security letter authority.
Sec. 502. Limitations on disclosure of national security letters.
Sec. 503. Judicial review.
Sec. 504. Inspector general reports on national security letters.
Sec. 505. National security letter sunset.
Sec. 506. Technical and conforming amendments.

    TITLE VI--FISA AND NATIONAL SECURITY LETTER TRANSPARENCY REFORMS

Sec. 601. Third-party reporting on FISA orders and national security 
              letters.
Sec. 602. Government reporting on FISA orders.
Sec. 603. Government reporting on national security letters.

    TITLE VII--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA 
                               AUTHORITY

Sec. 701. Privacy and Civil Liberties Oversight Board subpoena 
              authority.

                        TITLE VIII--SEVERABILITY

Sec. 801. Severability.

                 TITLE I--FISA BUSINESS RECORDS REFORMS

     SEC. 101. PRIVACY PROTECTIONS FOR BUSINESS RECORDS ORDERS.

       (a) Privacy Protections.--
       (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'' after the 
     semicolon;
       (B) in paragraph (2), by striking subparagraphs (A) and (B) 
     and inserting the following new subparagraphs:
       ``(A) a statement of facts showing that there are 
     reasonable grounds to believe that the tangible things 
     sought--
       ``(i) are relevant and material to an authorized 
     investigation (other than a threat assessment) conducted in 
     accordance with subsection (a)(2) to--

       ``(I) obtain foreign intelligence information not 
     concerning a United States person; or
       ``(II) 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 paragraph:
       ``(3) if the applicant is seeking a nondisclosure 
     requirement described in subsection (d), shall include--
       ``(A) the time period during which the Government believes 
     the nondisclosure requirement should apply;
       ``(B) a statement of facts showing that there are 
     reasonable grounds 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 such time period will result in--
       ``(i) endangering the life or physical safety of any 
     person;
       ``(ii) flight from investigation or prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses;
       ``(v) interference with diplomatic relations;
       ``(vi) 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; or
       ``(vii) otherwise seriously endangering the national 
     security of the United States; and
       ``(C) an explanation of how the nondisclosure requirement 
     is narrowly tailored to address the specific harm identified 
     under subparagraph (B).''.
       (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 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 inserting before the semicolon 
     ``, 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 new subparagraph:
       ``(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 entered 
     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) In general.--A person who receives an order entered 
     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 to 
     comply with the order;
       ``(ii) an attorney 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) Notice.--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.
       ``(D) Identification of disclosure recipients.--At the 
     request of the Director of the

[[Page 16342]]

     Federal Bureau of Investigation or the designee of the 
     Director, any person making or intending to make a disclosure 
     under clause (i) or (iii) of subparagraph (A) shall identify 
     to the Director or such designee the person to whom such 
     disclosure will be made or to whom such disclosure was made 
     prior to the request.
       ``(3) 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 entered under this section or at any time after the 
     production of tangible things under an order entered under 
     this section, a judge may assess compliance with the 
     minimization procedures required by such order 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''.
       (5) Conforming amendment.--Section 501(f)(1)(B) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1861(f)(1)(B)) is amended by striking ``an order imposed 
     under subsection (d)'' and inserting ``a nondisclosure 
     requirement imposed in connection with a production order''.
       (b) Judicial Review.--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 time period in which such requirement is in effect will 
     result in--
       ``(I) endangering the life or physical safety of any 
     person;
       ``(II) flight from investigation or prosecution;
       ``(III) destruction of or tampering with evidence;
       ``(IV) intimidation of potential witnesses;
       ``(V) interference with diplomatic relations;
       ``(VI) 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; or
       ``(VII) otherwise seriously endangering the national 
     security of the United States; and
       ``(ii) 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.''.
       (c) Emergency Authority for Access to Call Detail 
     Records.--
       (1) In general.--Title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is 
     amended--
       (A) by redesignating section 502 as section 503; and
       (B) by inserting after section 501 the following new 
     section:

     ``SEC. 502. EMERGENCY AUTHORITY FOR ACCESS TO CALL DETAIL 
                   RECORDS.

       ``(a) In General.--Notwithstanding any other provision of 
     this title, the Attorney General may require the production 
     of call detail records by the provider of a wire or 
     electronic communication service on an emergency basis if--
       ``(1) such records--
       ``(A) are relevant and material to an authorized 
     investigation (other than a threat assessment) conducted in 
     accordance with section 501(a)(2) to--
       ``(i) obtain foreign intelligence information not 
     concerning a United States person; or
       ``(ii) protect against international terrorism or 
     clandestine intelligence activities; 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
       ``(2) the Attorney General reasonably determines that--
       ``(A) an emergency requires the production of such records 
     before an order requiring such production can with due 
     diligence be obtained under section 501; and
       ``(B) the factual basis for issuance of an order under 
     section 501 to require the production of such records exists;
       ``(3) a judge referred to in section 501(b)(1) is informed 
     by the Attorney General or a designee of 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
       ``(4) an application in accordance with section 501 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 section.
       ``(b) Termination of Authority.--
       ``(1) Termination.--In the absence of an order under 
     section 501 approving the production of call detail records 
     under subsection (a), the authority to require the production 
     of such records shall terminate at the earlier of--
       ``(A) when the information sought is obtained;
       ``(B) when the application for the order is denied under 
     section 501; or
       ``(C) 7 days after the time of the authorization by the 
     Attorney General.
       ``(2) Use of information.--If an application for an order 
     under section 501 for the production of call detail records 
     required to be produced pursuant to subsection (a) is denied, 
     or in any other case in which the emergency production of 
     call detail records under this section is terminated and no 
     order under section 501 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.
       ``(c) Report.--The Attorney General shall annually submit 
     to the Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives 
     and the Select Committee on Intelligence and the Committee on 
     the Judiciary of the Senate a report containing the number of 
     times the authority under this section was exercised during 
     the calendar year covered by such report.
       ``(d) Call Detail Records Defined.--In this section, the 
     term `call detail records'--
       ``(1) means session identifying information (including 
     originating or terminating telephone number, International 
     Mobile Subscriber Identity number, or International Mobile 
     Station Equipment Identity number), telephone calling card 
     numbers, or the time or duration of a call; and
       ``(2) does not include--
       ``(A) the contents of any communication (as defined in 
     section 2510(8) of title 18, United States Code);
       ``(B) the name, address, or financial information of a 
     subscriber or customer; or
       ``(C) cell site location information.''.
       (2) Table of contents amendment.--The table of contents in 
     the first section of the Foreign Intelligence Surveillance 
     Act of 1978 is amended by striking the item relating to 
     section 502 and inserting the following new items:

``502. Emergency authority for access to call detail records.

``503. Congressional oversight.''.

       (3) Conforming amendment.--Section 102(b) of the USA 
     PATRIOT Improvement and Reauthorization Act of 2005 (50 
     U.S.C. 1805 note) is amended by striking ``sections 501, 502, 
     and'' and inserting ``title V and section''.

     SEC. 102. INSPECTOR GENERAL REPORTS ON BUSINESS RECORDS 
                   ORDERS.

       Section 106A of the USA Patriot Improvement and 
     Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 
     200) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``and calendar years 
     2010 through 2013'' after ``2006'';
       (B) by striking paragraphs (2) and (3);

[[Page 16343]]

       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (2) and (3), respectively; and
       (D) in paragraph (3) (as so redesignated)--
       (i) by striking subparagraph (C) and inserting the 
     following new subparagraph:
       ``(C) with respect to calendar years 2010 through 2013, an 
     examination of the minimization procedures used in relation 
     to orders under section 501 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861) and whether the 
     minimization procedures adequately protect the constitutional 
     rights of United States persons;''; and
       (ii) in subparagraph (D), by striking ``(as such term is 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4)))'';
       (2) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(3) Calendar years 2010 through 2013.--Not later than 
     December 31, 2014, the Inspector General of the Department of 
     Justice shall submit to the Committee on the Judiciary and 
     the Select Committee on Intelligence of the Senate and the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representatives a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2010 through 2013.'';
       (3) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (4) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Intelligence Assessment.--
       ``(1) In general.--For the period beginning on January 1, 
     2010, and ending on December 31, 2013, the Inspector General 
     of the Intelligence Community shall--
       ``(A) assess the importance of the information acquired 
     under title V of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1861 et seq.) to the activities of the 
     intelligence community;
       ``(B) examine the manner in which that information was 
     collected, retained, analyzed, and disseminated by the 
     intelligence community;
       ``(C) describe any noteworthy facts or circumstances 
     relating to orders under such title;
       ``(D) examine any minimization procedures used by elements 
     of the intelligence community under such title and whether 
     the minimization procedures adequately protect the 
     constitutional rights of United States persons; and
       ``(E) examine any minimization procedures proposed by an 
     element of the intelligence community under such title that 
     were modified or denied by the court established under 
     section 103(a) of such Act (50 U.S.C. 1803(a)).
       ``(2) Submission date for assessment.--Not later than 
     December 31, 2014, the Inspector General of the Intelligence 
     Community shall submit to the Committee on the Judiciary and 
     the Select Committee on Intelligence of the Senate and the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representative a report 
     containing the results of the assessment for calendar years 
     2010 through 2013.''.
       (5) in subsection (e), as redesignated by paragraph (3)--
       (A) in paragraph (1)--
       (i) by striking ``a report under subsection (c)(1) or 
     (c)(2)'' and inserting ``any report under subsection (c) or 
     (d)''; and
       (ii) by striking ``Inspector General of the Department of 
     Justice'' and inserting ``Inspector General of the Department 
     of Justice, the Inspector General of the Intelligence 
     Community, and any Inspector General of an element of the 
     intelligence community that prepares a report to assist the 
     Inspector General of the Department of Justice or the 
     Inspector General of the Intelligence Community in complying 
     with the requirements of this section''; and
       (B) in paragraph (2), by striking ``the reports submitted 
     under subsection (c)(1) and (c)(2)'' and inserting ``any 
     report submitted under subsection (c) or (d)'';
       (6) in subsection (f), as redesignated by paragraph (3)--
       (A) by striking ``The reports submitted under subsections 
     (c)(1) and (c)(2)'' and inserting ``Each report submitted 
     under subsection (c)''; and
       (B) by striking ``subsection (d)(2)'' and inserting 
     ``subsection (e)(2)''; and
       (7) by adding at the end the following new subsection:
       ``(g) Definitions.--In this section:
       ``(1) Intelligence community.--The term `intelligence 
     community' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       ``(2) United states person.--The term `United States 
     person' has the meaning given that term in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).''.

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

     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 information sought--
       ``(A) is relevant and material 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 of the United States; 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 new paragraph:
       ``(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) Procedures required.--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 new clause:

       ``(iv) the minimization procedures be followed; and''; and
       (B) by adding at the end the following new subsection:
       ``(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) is amended--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following new 
     subsection:
       ``(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 inserting ``and the minimization procedures 
     required under the order approving such pen register or trap 
     and trace device'' after ``of this section''.
       (c) Transition Procedures.--
       (1) Orders in effect.--Notwithstanding the amendments made 
     by this section, an order entered under section 402(d)(1) of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1842(d)(1)) that is in effect on the effective date of the 
     amendments made by this section shall remain in effect until 
     the expiration of the order.
       (2) Extensions.--A request for an extension of an order 
     referred to in paragraph (1) shall be subject to the 
     requirements of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.), as amended by this Act.

[[Page 16344]]



     SEC. 202. INSPECTOR GENERAL REPORTS ON PEN REGISTERS AND TRAP 
                   AND TRACE DEVICES.

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

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

     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 new paragraph:
       ``(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, or 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.

       (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 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 those communications--
       ``(i) to which any party is a target of the acquisition; or
       ``(ii) that contain an account identifier of a target of an 
     acquisition, only if such communications are acquired to 
     protect against international terrorism or the international 
     proliferation of weapons of mass destruction.''; and
       (2) in subsection (i)(2)(B)--
       (A) in clause (i), by striking ``; and'' and inserting a 
     semicolon;
       (B) in clause (ii), by striking the period 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 those communications--

       ``(I) to which any party is a target of the acquisition; or
       ``(II) that contain an account identifier of the target of 
     an acquisition, only if such communications are acquired to 
     protect against international terrorism or the international 
     proliferation of weapons of mass destruction.''.

       (b) Conforming Amendment.--Section 701 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1881) is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ```international terrorism','' after 
     ```foreign power',''; and
       (B) by striking ``and `United States person''' and 
     inserting ```United States person', and `weapon of mass 
     destruction'''; and
       (2) in subsection (b)--
       (A) by redesignating paragraphs (1) through (5) as 
     paragraphs (2) through (6), respectively; and
       (B) by inserting before paragraph (2), as so redesignated, 
     the following new paragraph:
       ``(1) Account identifier.--The term `account identifier' 
     means a telephone or instrument number, other subscriber 
     number,

[[Page 16345]]

     email address, or username used to uniquely identify an 
     account.''.
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date that is 180 days after 
     the date of the enactment of this Act.

     SEC. 303. PROHIBITION ON REVERSE TARGETING.

       Section 702(b)(1)(B) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1881a), as redesignated 
     by section 301(1) of this Act, is amended by striking ``the 
     purpose'' and inserting ``a significant purpose''.

     SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

       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 new 
     subparagraph:
       ``(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. MODIFICATION OF FISA AMENDMENTS ACT OF 2008 SUNSET.

       (a) Modification.--Section 403(b)(1) of the FISA Amendments 
     Act of 2008 (Public Law 110-261; 50 U.S.C. 1881 note) is 
     amended by striking ``December 31, 2017'' and inserting 
     ``June 1, 2015''.
       (b) Technical and Conforming Amendments.--Section 403(b)(2) 
     of such Act (Public Law 110-261; 122 Stat. 2474) is amended 
     by striking ``December 31, 2017'' and inserting ``June 1, 
     2015''.
       (c) Orders in Effect.--Section 404(b)(1) of such Act 
     (Public Law 110-261; 50 U.S.C. 1801 note) is amended in the 
     paragraph heading by striking ``December 31, 2017'' and 
     inserting ``June 1, 2015''.

     SEC. 306. INSPECTOR GENERAL REVIEWS OF AUTHORITIES.

       (a) Agency Assessments.--Section 702(l)(2) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2)) 
     is amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``authorized to acquire foreign intelligence information 
     under subsection (a)'' and inserting ``subject to the 
     targeting or minimization procedures approved under this 
     section'';
       (2) in subparagraph (C), by inserting ``United States 
     persons or'' after ``later determined to be''; and
       (3) in subparagraph (D)--
       (A) in the matter preceding clause (i), by striking ``such 
     review'' and inserting ``review conducted under this 
     paragraph'';
       (B) in clause (ii), by striking ``and'' at the end;
       (C) by redesignating clause (iii) as clause (iv); and
       (D) by inserting after clause (ii) the following new 
     clause:
       ``(iii) the Inspector General of the Intelligence 
     Community; and''.
       (b) Inspector General of the Intelligence Community 
     Review.--
       (1) Recurring reviews.--Section 702(l) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is 
     amended--
       (A) by redesignating paragraph (3) as paragraph (4); and
       (B) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Inspector general of the intelligence community 
     review.--
       ``(A) In general.--The Inspector General of the 
     Intelligence Community is authorized to review the 
     acquisition, use, and dissemination of information acquired 
     under subsection (a) to review compliance with the targeting 
     and minimization procedures adopted in accordance with 
     subsections (d) and (e) and the guidelines adopted in 
     accordance with subsection (f), and in order to conduct the 
     review required under subparagraph (B).
       ``(B) Mandatory review.--The Inspector General of the 
     Intelligence Community shall review the procedures and 
     guidelines developed by the elements of the intelligence 
     community to implement this section, with respect to the 
     protection of the privacy rights of United States persons, 
     including--
       ``(i) an evaluation of the limitations outlined in 
     subsection (b), the procedures approved in accordance with 
     subsections (d) and (e), and the guidelines adopted in 
     accordance with subsection (f), with respect to the 
     protection of the privacy rights of United States persons; 
     and
       ``(ii) an evaluation of the circumstances under which the 
     contents of communications acquired under subsection (a) may 
     be searched in order to review the communications of 
     particular United States persons.
       ``(C) Consideration of other reviews and assessments.--In 
     conducting a review under subparagraph (B), the Inspector 
     General of the Intelligence Community shall take into 
     consideration, to the extent relevant and appropriate, any 
     reviews or assessments that have been completed or are being 
     undertaken under this section.
       ``(D) Public reporting of findings and conclusions.--In a 
     manner consistent with the protection of the national 
     security of the United States, and in unclassified form, the 
     Inspector General of the Intelligence Community shall make 
     publicly available a summary of the findings and conclusions 
     of the review conducted under subparagraph (B).''.
       (2) Report.--Not later than December 31, 2014, the 
     Inspector General of the Intelligence Community shall submit 
     a report regarding the reviews conducted under paragraph (3) 
     of section 702(l) of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1881a(l)), as amended by paragraph (1) 
     of this subsection, to--
       (A) the Attorney General;
       (B) the Director of National Intelligence; and
       (C) consistent with the Rules of the House of 
     Representatives, the Standing Rules of the Senate, and Senate 
     Resolution 400 of the 94th Congress or any successor Senate 
     resolution--
       (i) the congressional intelligence committees; and
       (ii) the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives.
       (c) Annual Reviews.--Section 702(l)(4)(A) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1881a(l)(4)(A)), as redesignated by subsection (b)(1), is 
     amended--
       (1) in the matter preceding clause (i)--
       (A) in the first sentence--
       (i) by striking ``conducting an acquisition authorized 
     under subsection (a)'' and inserting ``subject to targeting 
     or minimization procedures approved under this section''; and
       (ii) by striking ``the acquisition'' and inserting 
     ``acquisitions under subsection (a)''; and
       (B) in the second sentence, by striking ``acquisitions'' 
     and inserting ``information obtained through an 
     acquisition''; and
       (2) in clause (iii), by inserting ``United States persons 
     or'' after ``later determined to be''.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

     SEC. 401. OFFICE OF THE SPECIAL ADVOCATE.

       (a) Establishment.--The Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1801 et seq.) is amended by adding at 
     the end the following new title:

               ``TITLE IX--OFFICE OF THE SPECIAL ADVOCATE

     ``SEC. 901. DEFINITIONS.

       ``In this title:
       ``(1) Decision.--The term `decision' means a decision, 
     order, or opinion issued by the Foreign Intelligence 
     Surveillance Court or the Foreign Intelligence Surveillance 
     Court of Review.
       ``(2) Foreign intelligence surveillance court; court.--The 
     terms `Foreign Intelligence Surveillance Court' and `Court' 
     mean the court established under section 103(a) and the 
     petition review pool established under section 103(e).
       ``(3) Foreign intelligence surveillance court of review; 
     court of review.--The terms `Foreign Intelligence 
     Surveillance Court of Review' and `Court of Review' mean the 
     court of review established under section 103(b).
       ``(4) Office.--The term `Office' means the Office of the 
     Special Advocate established under section 902(a).
       ``(5) 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).
       ``(6) Special advocate.--The term `Special Advocate' means 
     the Special Advocate appointed under section 902(b).

     ``SEC. 902. OFFICE OF THE SPECIAL ADVOCATE.

       ``(a) Establishment.--There is established within the 
     judicial branch of the United States an Office of the Special 
     Advocate.
       ``(b) Special Advocate.--

[[Page 16346]]

       ``(1) In general.--The head of the Office is the Special 
     Advocate.
       ``(2) Appointment and term.--
       ``(A) Appointment.--The Chief Justice of the United States 
     shall appoint the Special Advocate from the list of 
     candidates submitted under subparagraph (B).
       ``(B) 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 Special 
     Advocate. The Board shall select candidates for such list 
     whom the Board believes will be zealous and effective 
     advocates in defense of civil liberties and consider with 
     respect to each potential candidate--
       ``(i) the litigation and other professional experience of 
     such candidate;
       ``(ii) the experience of such candidate in areas of law 
     that the Special Advocate is likely to encounter in the 
     course of the duties of the Special Advocate; and
       ``(iii) the demonstrated commitment of such candidate to 
     civil liberties.
       ``(C) Security clearance.--An individual may be appointed 
     Special Advocate without regard to whether the individual 
     possesses a security clearance on the date of the 
     appointment.
       ``(D) Term and dismissal.--A Special Advocate shall be 
     appointed for a term of 3 years and may be removed 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 Special Advocate. The 
     reappointment of a Special Advocate shall be made in the same 
     manner as appointment of a Special Advocate.
       ``(F) Acting special advocate.--If the position of Special 
     Advocate is vacant, the Chief Justice of the United States 
     may appoint an Acting Special Advocate from among the 
     qualified employees of the Office. If there are no such 
     qualified employees, the Chief Justice may appoint an Acting 
     Special Advocate from the most recent list of candidates 
     provided by the Privacy and Civil Liberties Oversight Board 
     pursuant to subparagraph (B). The Acting Special Advocate 
     shall have all of the powers of a Special Advocate and shall 
     serve until a Special Advocate is appointed.
       ``(3) Employees.--The Special Advocate may appoint and 
     terminate and fix the compensation of employees of the Office 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service.
       ``(c) Duties and Authorities of the Special Advocate.--
       ``(1) In general.--The Special Advocate--
       ``(A) may consider any request for consultation by a party 
     who has been served with an order or directive issued under 
     this Act requiring the party to provide information, 
     facilities, or assistance to the Federal Government;
       ``(B) may request to participate in a proceeding before the 
     Foreign Intelligence Surveillance Court;
       ``(C) shall participate in such proceeding if such request 
     is granted;
       ``(D) shall participate in a proceeding before the Court if 
     appointed to participate by the Court under section 903(a);
       ``(E) may request reconsideration of a decision of the 
     Court under section 903(b);
       ``(F) may appeal or seek review of a decision of the Court 
     or the Foreign Intelligence Surveillance Court of Review 
     under section 904; and
       ``(G) shall participate in such appeal or review.
       ``(2) Access to applications and decisions.--
       ``(A) Applications.--The Attorney General shall provide to 
     the Special Advocate each application submitted to a judge of 
     the Foreign Intelligence Surveillance Court under this Act at 
     the same time as the Attorney General submits such 
     applications.
       ``(B) Decisions.--The Foreign Intelligence Surveillance 
     Court and the Foreign Intelligence Surveillance Court of 
     Review shall provide to the Special Advocate access to each 
     decision of the Court and the Court of Review, respectively, 
     issued after the date of the enactment of the USA FREEDOM Act 
     and all documents and other material relevant to such 
     decision in complete, unredacted form.
       ``(3) Advocacy.--The Special Advocate shall vigorously 
     advocate before the Foreign Intelligence Surveillance Court 
     or the Foreign Intelligence Surveillance Court of Review, as 
     appropriate, in support of legal interpretations that protect 
     individual privacy and civil liberties.
       ``(4) Outside counsel.--The Special Advocate may delegate 
     to a competent outside counsel who has or is able to obtain 
     an appropriate security clearance any duty or responsibility 
     of the Special Advocate set out in subparagraph (C), (D), or 
     (G) of paragraph (1) with respect to participation in a 
     matter before the Court, the Court of Review, or the Supreme 
     Court of the United States.
       ``(5) Availability of documents and material.--The Court or 
     the Court of Review, as appropriate, shall order any agency, 
     department, or entity to make available to the Special 
     Advocate, or appropriate outside counsel if the Special 
     Advocate has delegated duties or responsibilities to the 
     outside counsel under paragraph (4), any documents or other 
     material necessary to carry out the duties described in 
     paragraph (1).
       ``(d) 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 Special Advocate, appropriate employees of the 
     Office, and outside counsel to whom the Special Advocate 
     delegates a duty or responsibility under subsection (c)(4) 
     with the security clearances necessary to carry out the 
     duties of the Special Advocate.

     ``SEC. 903. ADVOCACY BEFORE THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE COURT.

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

     ``SEC. 904. APPELLATE REVIEW.

       ``(a) Appeal of Foreign Intelligence Surveillance Court 
     Decisions.--
       ``(1) Authority to appeal.--The Special Advocate may appeal 
     any decision of the Foreign Intelligence Surveillance Court 
     issued after the date of the enactment of the USA FREEDOM Act 
     not later than 90 days after the date on which the decision 
     is issued.
       ``(2) Standing as appellant.--If the Special Advocate 
     appeals a decision of the Court pursuant to paragraph (1), 
     the Special Advocate shall have standing as a party before 
     the Foreign Intelligence Surveillance Court of Review in such 
     appeal.
       ``(3) Mandatory review.--The Court of Review shall review 
     any Foreign Intelligence Surveillance Court decision appealed 
     by the Special Advocate and issue a decision in such appeal, 
     unless it would be apparent to all reasonable jurists that 
     such decision is dictated by statute or by precedent.
       ``(4) Standard of review.--The standard for a mandatory 
     review of a Foreign Intelligence Surveillance Court 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) Amici curiae participation.--
       ``(A) In general.--The Court of Review shall accept amici 
     curiae briefs from interested parties in all mandatory 
     reviews pursuant to paragraph (3) and shall provide for amici 
     curiae participation in oral argument if appropriate.
       ``(B) Regulations.--Not later than 180 days after the date 
     of the enactment of the USA FREEDOM Act, the Court of Review 
     shall promulgate regulations to provide the public with 
     information sufficient to allow interested parties to 
     participate as amici curiae.
       ``(b) Review of Foreign Intelligence Surveillance Court of 
     Review Decisions.--
       ``(1) Authority.--The Special Advocate may seek a writ of 
     certiorari from the Supreme Court of the United States for 
     review of any decision of the Foreign Intelligence 
     Surveillance 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 Special Advocate 
     shall have standing as a party.

     ``SEC. 905. DISCLOSURE.

       ``(a) Requirement To Disclose.--The Attorney General shall 
     publicly disclose--
       ``(1) all decisions issued by the Foreign Intelligence 
     Surveillance Court or the Foreign

[[Page 16347]]

     Intelligence Surveillance Court of Review after July 10, 
     2003, that include a significant construction or 
     interpretation of law;
       ``(2) any decision of the Court appealed by the Special 
     Advocate pursuant to this title; and
       ``(3) any Court of Review decision that is issued after an 
     appeal by the Special 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 Court or Court of Review.
       ``(c) Documents Described.--The Attorney General shall 
     satisfy the disclosure requirements in subsection (b) by--
       ``(1) releasing a Court or Court of Review decision in its 
     entirety or as redacted;
       ``(2) releasing a summary of a Court or Court of Review 
     decision; or
       ``(3) releasing an application made to the Court, briefs 
     filed before the Court or the 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.--
       ``(1) Decisions issued prior to enactment.--The Attorney 
     General shall disclose a decision issued prior to the date of 
     the enactment of the USA FREEDOM Act that is required to be 
     disclosed under subsection (a)(1) not later than 180 days 
     after the date of the enactment of such Act.
       ``(2) FISA court decisions.--The Attorney General shall 
     release Court decisions appealed by the Special Advocate not 
     later than 30 days after the date on which the appeal is 
     filed.
       ``(3) FISA court of review decisions.--The Attorney General 
     shall release Court of Review decisions for which the Special 
     Advocate seeks a writ of certiorari not later than 90 days 
     after the date on which the petition is filed.
       ``(f) Petition by the Special Advocate.--
       ``(1) Authority to petition.--The Special Advocate may 
     petition the Court or the Court of Review to order--
       ``(A) the public disclosure of a decision of the Court or 
     Court of Review, 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 
     Special Advocate proposes to have released publicly.
       ``(3) Role of the attorney general.--
       ``(A) Copy of petition.--The Special 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 Court or the 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 Court or the 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 Special Advocate may not file a 
     petition under paragraph (1) until 181 days after the date of 
     the enactment of the USA FREEDOM Act, except with respect to 
     a decision appealed by the Special Advocate.

     ``SEC. 906. ANNUAL REPORT TO CONGRESS.

       ``(a) Requirement for Annual Report.--The Special 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 of the Special 
     Advocate;
       ``(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 Foreign 
     Intelligence Surveillance Court or the Foreign Intelligence 
     Surveillance Court of Review that the Special Advocate 
     considers appropriate.''.
       (b) Table of Contents Amendment.--The table of contents in 
     the first section of the Foreign Intelligence Surveillance 
     Act of 1978, as amended by section 101(c)(2) of this Act, is 
     further amended by adding at the end the following new items:

               ``TITLE IX-OFFICE OF THE SPECIAL ADVOCATE

``Sec. 901. Definitions.
``Sec. 902. Office of the Special Advocate.
``Sec. 903. Advocacy before the Foreign Intelligence Surveillance 
              Court.
``Sec. 904. Appellate review.
``Sec. 905. Disclosure.
``Sec. 906. Annual report to Congress.''.

     SEC. 402. FOREIGN INTELLIGENCE SURVEILLANCE COURT DISCLOSURE 
                   OF OPINIONS.

       Section 103 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1803) is amended--
       (1) by redesignating subsections (g) and (h) as subsections 
     (h) and (i), respectively; and
       (2) by inserting after subsection (f) the following new 
     subsection:
       ``(g)(1) A judge of the court established under subsection 
     (a) who authored an order, opinion, or other decision may sua 
     sponte or on motion by a party request that such order, 
     opinion, or other decision be made publicly available.
       ``(2) Upon a request under paragraph (1), the presiding 
     judge of the court established under subsection (a), in 
     consultation with the other judges of such court, may direct 
     that such order, opinion, or other decision be made publicly 
     available.
       ``(3) Prior to making an order, opinion, or other decision 
     of the court established under subsection (a) publicly 
     available in accordance with this subsection, the presiding 
     judge of such court may direct the Executive branch to review 
     such order, opinion, or other decision and redact such order, 
     opinion, or other decision as necessary to ensure that 
     properly classified information is appropriately 
     protected.''.

     SEC. 403. PRESERVATION OF RIGHTS.

       Nothing in this title or an amendment made by this title 
     shall be construed--
       (1) to provide the Attorney General with authority to 
     prevent the court established under section 103(a) of Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)), 
     the petition review pool established under section 103(e) of 
     such Act (50 U.S.C. 1803(e)), or the court of review 
     established under section 103(b) of such Act (50 U.S.C. 
     1803(b)) from declassifying decisions or releasing 
     information pursuant to this title or an amendment made by 
     this title; or
       (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) Counterintelligence Access to Telephone Toll and 
     Transactional Records.--Section 2709 of title 18, United 
     States Code, is amended--
       (1) in subsection (b)--
       (A) by striking ``may--'' and all that follows through the 
     period at the end and inserting the following: ``may request 
     the name, address, length of service, and local and long 
     distance toll billing records of a person or entity if the 
     Director (or his designee) certifies in writing to the wire 
     or electronic communication service provider to which the 
     request is made that--''; and
       (B) by adding at the end the following new paragraphs:
       ``(1) the name, address, length of service, and toll 
     billing records sought are relevant and material 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
       ``(2) there are reasonable grounds to believe that the 
     name, address, length of service, and toll billing records 
     sought pertain to--
       ``(A) a foreign power or agent of a foreign power;
       ``(B) the activities of a suspected agent of a foreign 
     power who is the subject of such authorized investigation; or
       ``(C) an individual in contact with, or known to, a 
     suspected agent of a foreign power.''; and
       (2) by adding at the end the following new subsection:
       ``(g) For purposes of this subsection, the terms `agent of 
     a foreign power', `foreign power', `international terrorism', 
     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).''.
       (b) Access to Financial Records for Certain Intelligence 
     and Protective Purposes.--Section 1114 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended to 
     read as follows:

     ``SEC. 1114. ACCESS TO FINANCIAL RECORDS FOR CERTAIN 
                   INTELLIGENCE AND PROTECTIVE PURPOSES.

       ``(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

[[Page 16348]]

     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 financial institution, 
     a request 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 financial 
     institution to the customer; and
       ``(D) any account number or other unique identifier 
     associated with a customer of the financial institution.
       ``(2) Limitation.--A request issued under this subsection 
     may not require the production of records or information not 
     listed in paragraph (1).
       ``(b) Requirements.--
       ``(1) In general.--A request issued under subsection (a) 
     shall--
       ``(A) be subject to the requirements of subsections (d) 
     through (g) 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 and material to an authorized 
     investigation (other than a threat assessment and 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) 
     to--

       ``(I) obtain foreign intelligence information not 
     concerning a United States person; or
       ``(II) 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) Definitions.--For purposes of this subsection, the 
     terms `agent of a foreign power', `foreign intelligence 
     information', `foreign power', `international terrorism', 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.''.
       (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 subsections (a) through (c) and inserting 
     the following new subsections:
       ``(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 request 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 request issued under this subsection 
     may not require the production of a consumer report.
       ``(b) Requirements.--
       ``(1) In general.--A request issued under subsection (a) 
     shall--
       ``(A) be subject to the requirements of subsections (d) 
     through (g) 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 and material to an authorized 
     investigation (other than a threat assessment and 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) 
     to--

       ``(I) obtain foreign intelligence information not 
     concerning a United States person; or
       ``(II) 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) Definitions.--In this subsection, the terms `agent of 
     a foreign power', `foreign intelligence information', 
     `foreign power', `international terrorism', and `United 
     States person' have the meaning given such terms in section 
     101 of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1801).'';
       (B) by striking subsections (f) through (h); and
       (C) by redesignating subsections (d), (e), (i), (j), (k), 
     (l), and (m) as subsections (c), (d), (e), (f), (g), (h), and 
     (i), respectively.
       (2) Repeal.--Section 627 of the Fair Credit Reporting Act 
     (15 U.S.C. 1681v) is repealed.

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

       (a) Counterintelligence Access to Telephone Toll and 
     Transactional Records.--Section 2709 of title 18, United 
     States Code, is amended by striking subsection (c) and 
     inserting the following new subsection:
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under subsection (d) is provided, no wire or electronic 
     communication service provider, or officer, employee, or 
     agent thereof, that receives a request under subsection (b), 
     shall disclose to any person that the Director of the Federal 
     Bureau of Investigation has sought or obtained access to 
     information or records under this section.
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that the absence of a prohibition of 
     disclosure under this subsection may result in--
       ``(i) endangering the life or physical safety of any 
     person;
       ``(ii) flight from investigation or prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses;
       ``(v) interference with diplomatic relations;
       ``(vi) 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; or
       ``(vii) otherwise seriously endangering the national 
     security of the United States.
       ``(2) Exception.--
       ``(A) In general.--A wire or electronic communication 
     service provider, or officer, employee, or agent thereof, 
     that receives a request under subsection (b) may disclose 
     information otherwise subject to any applicable nondisclosure 
     requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Application.--A person to whom disclosure is made 
     under subparagraph (A) shall be subject to the nondisclosure 
     requirements applicable to a person to whom a request is 
     issued under subsection (b) in the same manner as the person 
     to whom the request is issued.
       ``(C) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall notify the person of the 
     applicable nondisclosure requirement.
       ``(D) Identification of disclosure recipients.--At the 
     request of the Director of the Federal Bureau of 
     Investigation or the designee of the Director, any person 
     making or intending to make a disclosure under clause (i) or 
     (iii) of subparagraph (A) shall identify to the Director or 
     such designee the person to whom such disclosure will be made 
     or to whom such disclosure was made prior to the request.
       ``(3) Termination.--In the case of any request for which a 
     recipient has submitted a notification or filed a petition 
     for judicial review under paragraph (3)(B), if the facts 
     supporting a nondisclosure requirement cease to exist, an 
     appropriate official of the Federal Bureau of Investigation 
     shall promptly notify the wire or electronic service 
     provider, or officer, employee, or agent thereof, subject to 
     the nondisclosure requirement that

[[Page 16349]]

     the nondisclosure requirement is no longer in effect.''.
       (b) Access to Financial Records for Certain Intelligence 
     and Protective Purposes.--Section 1114 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414), as amended by 
     section 501(b) of this Act, is further amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under subsection (d) is provided, no financial institution, 
     or officer, employee, or agent thereof, that receives a 
     request under subsection (a) shall disclose to any person 
     that the Federal Bureau of Investigation has sought or 
     obtained access to information or records under subsection 
     (a).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that the absence of a prohibition of 
     disclosure under this subsection may result in--
       ``(i) endangering the life or physical safety of any 
     person;
       ``(ii) flight from investigation or prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses;
       ``(v) interference with diplomatic relations;
       ``(vi) 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; or
       ``(vii) otherwise seriously endangering the national 
     security of the United States.
       ``(2) Exception.--
       ``(A) In general.--A financial institution, or officer, 
     employee, or agent thereof, that receives a request under 
     subsection (a) may disclose information otherwise subject to 
     any applicable nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Application.--A person to whom disclosure is made 
     under subparagraph (A) shall be subject to the nondisclosure 
     requirements applicable to a person to whom a request is 
     issued under subsection (a) in the same manner as the person 
     to whom the request is issued.
       ``(C) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(D) Identification of disclosure recipients.--At the 
     request of the Director of the Federal Bureau of 
     Investigation or the designee of the Director, any person 
     making or intending to make a disclosure under clause (i) or 
     (iii) of subparagraph (A) shall identify to the Director or 
     such designee the person to whom such disclosure will be made 
     or to whom such disclosure was made prior to the request.
       ``(3) Termination.--In the case of any request for which a 
     financial institution has submitted a notification or filed a 
     petition for judicial review under paragraph (3)(B), if the 
     facts supporting a nondisclosure requirement cease to exist, 
     an appropriate official of the Federal Bureau of 
     Investigation shall promptly notify the financial 
     institution, or officer, employee, or agent thereof, subject 
     to the nondisclosure requirement that the nondisclosure 
     requirement is no longer in effect.''.
       (c) Identity of Financial Institutions and Credit 
     Reports.--Section 626 of the Fair Credit Reporting Act (15 
     U.S.C. 1681u), as amended by section 501(c) of this Act, is 
     further amended by striking subsection (c) (as redesignated 
     by section 501(c)(1)(D) of this Act) and inserting the 
     following new subsection:
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under subsection (d) is provided, no consumer reporting 
     agency, or officer, employee, or agent thereof, that receives 
     a request under subsection (a) shall disclose or specify in 
     any consumer report, that the Federal Bureau of Investigation 
     has sought or obtained access to information or records under 
     subsection (a) or (b).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that the absence of a prohibition of 
     disclosure under this subsection may result in--
       ``(i) endangering the life or physical safety of any 
     person;
       ``(ii) flight from investigation or prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses;
       ``(v) interference with diplomatic relations;
       ``(vi) 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; or
       ``(vii) otherwise seriously endangering the national 
     security of the United States.
       ``(2) Exception.--
       ``(A) In general.--A consumer reporting agency, or officer, 
     employee, or agent thereof, that receives a request under 
     subsection (a) may disclose information otherwise subject to 
     any applicable nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Application.--A person to whom disclosure is made 
     under subparagraph (A) shall be subject to the nondisclosure 
     requirements applicable to a person to whom a request is 
     issued under subsection (a) or (b) in the same manner as the 
     person to whom the request is issued.
       ``(C) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(D) Identification of disclosure recipients.--At the 
     request of the Director of the Federal Bureau of 
     Investigation or the designee of the Director, any person 
     making or intending to make a disclosure under clause (i) or 
     (iii) of subparagraph (A) shall identify to the Director or 
     such designee the person to whom such disclosure will be made 
     or to whom such disclosure was made prior to the request.
       ``(3) Termination.--In the case of any request for which a 
     consumer reporting agency has submitted a notification or 
     filed a petition for judicial review under paragraph (3)(B), 
     if the facts supporting a nondisclosure requirement cease to 
     exist, an appropriate official of the Federal Bureau of 
     Investigation shall promptly notify the consumer reporting 
     agency, or officer, employee, or agent thereof, subject to 
     the nondisclosure requirement that the nondisclosure 
     requirement is no longer in effect.''.
       (d) Investigations of Persons With Access to Classified 
     Information.--Section 802 of the National Security Act of 
     1947 (50 U.S.C. 3162) is amended by striking subsection (b) 
     and inserting the following new subsection:
       ``(b) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under subsection (c) is provided, no governmental or private 
     entity, or officer, employee, or agent thereof, that receives 
     a request under subsection (a), shall disclose to any person 
     that an authorized investigative agency described in 
     subsection (a) has sought or obtained access to information 
     under subsection (a).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the head of an authorized investigative agency 
     described in subsection (a), or a designee, certifies that 
     the absence of a prohibition of disclosure under this 
     subsection may result in--
       ``(i) endangering the life or physical safety of any 
     person;
       ``(ii) flight from investigation or prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses;
       ``(v) interference with diplomatic relations;
       ``(vi) 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; or
       ``(vii) otherwise seriously endangering the national 
     security of the United States.
       ``(2) Exception.--
       ``(A) In general.--A governmental or private entity, or 
     officer, employee, or agent thereof, that receives a request 
     under subsection (a) may disclose information otherwise 
     subject to any applicable nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the head of the 
     authorized investigative agency described in subsection (a).
       ``(B) Application.--A person to whom disclosure is made 
     under subparagraph (A) shall be subject to the nondisclosure 
     requirements applicable to a person to whom a request is

[[Page 16350]]

     issued under subsection (a) in the same manner as the person 
     to whom the request is issued.
       ``(C) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(D) Identification of disclosure recipients.--At the 
     request of the head of an authorized investigative agency 
     described in subsection (a), or a designee, any person making 
     or intending to make a disclosure under clause (i) or (iii) 
     of subparagraph (A) shall identify to the head of the 
     authorized investigative agency or such designee the person 
     to whom such disclosure will be made or to whom such 
     disclosure was made prior to the request.
       ``(3) Termination.--In the case of any request for which a 
     governmental or private entity has submitted a notification 
     or filed a petition for judicial review under paragraph 
     (3)(B), if the facts supporting a nondisclosure requirement 
     cease to exist, an appropriate official of the authorized 
     investigative agency described in subsection (a) shall 
     promptly notify the governmental or private entity, or 
     officer, employee, or agent thereof, subject to the 
     nondisclosure requirement that the nondisclosure requirement 
     is no longer in effect.''.
       (e) Judicial Review.--Section 3511 of title 18, United 
     States Code, is amended by striking subsection (b) and 
     inserting the following new subsection:
       ``(b) Nondisclosure.--
       ``(1) In general.--
       ``(A) Notice.--If a recipient of a request for a report, 
     records, or other information under section 2709 of this 
     title, 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), or section 802 of the National 
     Security Act of 1947 (50 U.S.C. 3162), wishes to have a court 
     review a nondisclosure requirement imposed in connection with 
     the request, the recipient may notify the Government or file 
     a petition for judicial review in any court described in 
     subsection (a).
       ``(B) Application.--Not later than 30 days after the date 
     of receipt of a notification under subparagraph (A), the 
     Government shall apply for an order prohibiting the 
     disclosure of the existence or contents of the relevant 
     request. An application under this subparagraph may be filed 
     in the district court of the United States for the judicial 
     district in which the recipient of the order is doing 
     business or in the district court of the United States for 
     any judicial district within which the authorized 
     investigation that is the basis for the request is being 
     conducted. The applicable nondisclosure requirement shall 
     remain in effect during the pendency of proceedings relating 
     to the requirement.
       ``(C) Consideration.--A district court of the United States 
     that receives a petition under subparagraph (A) or an 
     application under subparagraph (B) should rule expeditiously, 
     and shall, subject to paragraph (3), issue a nondisclosure 
     order that includes conditions appropriate to the 
     circumstances.
       ``(2) Application contents.--An application for a 
     nondisclosure order or extension thereof or a response to a 
     petition filed under paragraph (1) shall include a 
     certification from the Attorney General, Deputy Attorney 
     General, an Assistant Attorney General, or the Director of 
     the Federal Bureau of Investigation, or in the case of a 
     request by a department, agency, or instrumentality of the 
     Federal Government other than the Department of Justice, the 
     head or deputy head of the department, agency, or 
     instrumentality, containing a statement of specific facts 
     indicating that the absence of a prohibition of disclosure 
     under this subsection may result in--
       ``(A) endangering the life or physical safety of any 
     person;
       ``(B) flight from investigation or prosecution;
       ``(C) destruction of or tampering with evidence;
       ``(D) intimidation of potential witnesses;
       ``(E) interference with diplomatic relations;
       ``(F) 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; or
       ``(G) otherwise seriously endangering the national security 
     of the United States.
       ``(3) Standard.--A district court of the United States 
     shall issue a nondisclosure requirement order or extension 
     thereof under this subsection if the court determines that 
     there is reason to believe that disclosure of the information 
     subject to the nondisclosure requirement during the 
     applicable time period will result in--
       ``(A) endangering the life or physical safety of any 
     person;
       ``(B) flight from investigation or prosecution;
       ``(C) destruction of or tampering with evidence;
       ``(D) intimidation of potential witnesses;
       ``(E) interference with diplomatic relations;
       ``(F) 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; or
       ``(G) otherwise seriously endangering the national security 
     of the United States.''.

     SEC. 503. JUDICIAL REVIEW.

       (a) Counterintelligence Access to Telephone Toll and 
     Transactional Records.--Section 2709 of title 18, United 
     States Code, as amended by section 501(a) of this Act, is 
     further amended--
       (1) by redesignating subsections (d), (e), (f), and (g) as 
     subsections (e), (f), (g), and (h), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Judicial Review.--
       ``(1) In general.--A request under subsection (b) or a non-
     disclosure requirement imposed in connection with such 
     request under subsection (c) shall be subject to judicial 
     review under section 3511.
       ``(2) Notice.--A request under subsection (b) shall include 
     notice of the availability of judicial review described in 
     paragraph (1).''.
       (b) Access to Financial Records for Certain Intelligence 
     and Protective Purposes.--Section 1114 of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414), as amended by 
     section 502(b) of this Act, is further amended--
       (1) by redesignating subsection (d) (as redesigned by such 
     section 502(b)) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Judicial Review.--
       ``(1) In general.--A request under subsection (a) or a non-
     disclosure requirement imposed in connection with such 
     request under subsection (c) shall be subject to judicial 
     review under section 3511 of title 18, United States Code.
       ``(2) Notice.--A request under subsection (a) shall include 
     notice of the availability of judicial review described in 
     paragraph (1).''.
       (c) Identity of Financial Institutions and Credit 
     Reports.--Section 626 of the Right to Financial Privacy Act 
     (15 U.S.C. 1681u), as amended by section 502(c) of this Act, 
     is further amended--
       (1) by redesignating subsections (d) through (i) (as 
     redesignated by such section 502(c)) as subsections (e) 
     through (j), respectively; and
       (2) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Judicial Review.--
       ``(1) In general.--A request under subsection (a) or a non-
     disclosure requirement imposed in connection with such 
     request under subsection (c) shall be subject to judicial 
     review under section 3511 of title 18, United States Code.
       ``(2) Notice.--A request under subsection (a) shall include 
     notice of the availability of judicial review described in 
     paragraph (1).''.
       (d) Investigations of Persons With Access to Classified 
     Information.--Section 802 of the National Security Act of 
     1947 (50 U.S.C. 3162) is amended--
       (1) by redesignating subsections (c) through (e) as 
     subsections (d) through (f), respectively; and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Judicial Review.--
       ``(1) In general.--A request under subsection (a) or a non-
     disclosure requirement imposed in connection with such 
     request under subsection (c) shall be subject to judicial 
     review under section 3511 of title 18, United States Code.
       ``(2) Notice.--A request under subsection (a) shall include 
     notice of the availability of judicial review described in 
     paragraph (1).''.

     SEC. 504. INSPECTOR GENERAL REPORTS ON NATIONAL SECURITY 
                   LETTERS.

       Section 119 of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 
     219) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``and calendar years 
     2010 through 2013'' after ``2006''; and
       (B) in paragraph (3)(C), by striking ``(as such term is 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4)))'';
       (2) in subsection (c), by adding at the end the following 
     new paragraph:
       ``(3) Calendar years 2010 through 2013.--Not later than 
     December 31, 2014, the Inspector General of the Department of 
     Justice shall submit to the Committee on the Judiciary and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives and the Committee on the Judiciary and the 
     Select Committee on Intelligence of the Senate a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2010 through 2013.'';
       (3) by striking subsection (g) and inserting the following 
     new subsection:
       ``(h) Definitions.--In this section:
       ``(1) Intelligence community.--The term `intelligence 
     community' has the meaning given that term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).
       ``(2) National security letter.--The term `national 
     security letter' means a request for information under--
       ``(A) section 2709(b) of title 18, United States Code (to 
     access certain communication service provider records);
       ``(B) section 1114 of the Right to Financial Privacy Act of 
     1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain financial 
     institution customer records);

[[Page 16351]]

       ``(C) section 802 of the National Security Act of 1947 (50 
     U.S.C. 3162) (to obtain financial information, records, and 
     consumer reports); or
       ``(D) section 626 of the Fair Credit Reporting Act (15 
     U.S.C. 1681u) (to obtain certain financial information and 
     consumer reports).
       ``(3) United states person.--The term `United States 
     person' has the meaning given that term in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).'';
       (4) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively;
       (5) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Intelligence Assessment.--
       ``(1) In general.--For the period beginning on January 1, 
     2010, and ending on December 31, 2013, the Inspector General 
     of the Intelligence Community shall--
       ``(A) examine the use of national security letters by the 
     intelligence community during the period;
       ``(B) describe any noteworthy facts or circumstances 
     relating to the use of national security letters by the 
     intelligence community, including any improper or illegal use 
     of such authority;
       ``(C) assess the importance of information received under 
     the national security letters to the activities of the 
     intelligence community; and
       ``(D) examine the manner in which information received 
     under the national security letters was collected, retained, 
     analyzed, and disseminated.
       ``(2) Submission date for assessment.--Not later than 
     December 31, 2014, the Inspector General of the Intelligence 
     Community shall submit to the Committee on the Judiciary and 
     the Select Committee on Intelligence of the Senate and the 
     Committee on the Judiciary and the Permanent Select Committee 
     on Intelligence of the House of Representatives a report 
     containing the results of the assessment for calendar years 
     2010 through 2013.'';
       (6) in subsection (e), as redesignated by paragraph (4)--
       (A) in paragraph (1)--
       (i) by striking ``a report under subsection (c)(1) or 
     (c)(2)'' and inserting ``any report under subsection (c) or 
     (d)''; and
       (ii) by striking ``Inspector General of the Department of 
     Justice'' and inserting ``Inspector General of the Department 
     of Justice, the Inspector General of the Intelligence 
     Community, and any Inspector General of an element of the 
     intelligence community that prepares a report to assist the 
     Inspector General of the Department of Justice or the 
     Inspector General of the Intelligence Community in complying 
     with the requirements of this section''; and
       (B) in paragraph (2), by striking ``the reports submitted 
     under subsection (c)(1) or (c)(2)'' and inserting ``any 
     report submitted under subsection (c) or (d)''; and
       (7) in subsection (f), as redesignated by paragraph (4)--
       (A) by striking ``The reports submitted under subsections 
     (c)(1) or (c)(2)'' and inserting ``Each report submitted 
     under subsection (c)''; and
       (B) by striking ``subsection (d)(2)'' and inserting 
     ``subsection (e)(2)''.

     SEC. 505. NATIONAL SECURITY LETTER SUNSET.

       (a) Repeal.--Effective on June 1, 2015--
       (1) section 2709 of title 18, United States Code, is 
     amended to read as such provision read on October 25, 2001;
       (2) section 1114 of the Right to Financial Privacy Act of 
     1978 (12 U.S.C. 3414(a)(5)) is amended to read as such 
     provision read on October 25, 2001;
       (3) subsections (a) and (b) of section 626 of the Fair 
     Credit Reporting Act (15 U.S.C. 1681u) are amended to read as 
     subsections (a) and (b), respectively, of the second of the 2 
     sections designated as section 624 of such Act (15 U.S.C. 
     1681u) (relating to disclosure to the Federal Bureau of 
     Investigation for counterintelligence purposes), as added by 
     section 601 of the Intelligence Authorization Act for Fiscal 
     Year 1996 (Public Law 104-93; 109 Stat. 974), read on October 
     25, 2001; and
       (4) section 802 of the National Security Act of 1947 (50 
     U.S.C. 3162) is amended to read as such provision read on 
     October 25, 2001.
       (b) Transition Provision.--Notwithstanding subsection (a), 
     the provisions of law referred to in subsection (a), as in 
     effect on May 31, 2015, shall continue to apply on and after 
     June 1, 2015, with respect to any particular foreign 
     intelligence investigation or with respect to any particular 
     offense or potential offense that began or occurred before 
     June 1, 2015.

     SEC. 506. TECHNICAL AND CONFORMING AMENDMENTS.

       Section 3511 of title 18, United States Code, is amended in 
     subsections (a), (c), and (d), by striking ``or 627(a)'' each 
     place it appears.

    TITLE VI--FISA AND NATIONAL SECURITY LETTER TRANSPARENCY REFORMS

     SEC. 601. THIRD-PARTY REPORTING ON 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 demands and requests 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 the demands 
     and requests described in subsection (a) 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 
     the demands and requests described in subsection (a) the 
     electronic 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 electronic 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, an electronic 
     service provider may break 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 electronic service provider 
     reasonably believes in good faith is authorized by this 
     section is not criminally or civilly liable in any court for 
     making the 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) Electronic service provider.--The term ``electronic 
     service provider'' means an electronic communications service 
     provider (as that term is defined in section 2510 of title 
     18, United States Code) or a remote computing service 
     provider (as that term is defined in section 2711 of title 
     18, United States Code).
       (2) Surveillance law.--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. 436(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(a)(5)(A)).
       (E) Subsection (a) or (b) of section 626 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681u(a), 1681u(b)).
       (F) Section 627(a) of the Fair Credit Reporting Act (15 
     U.S.C. 1681v(a)) (as in effect on the day before the date of 
     the enactment of this Act).

     SEC. 602. GOVERNMENT REPORTING ON FISA ORDERS.

       (a) Electronic Surveillance.--
       (1) Report of electronic surveillance.--Section 107 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1807) is amended--
       (A) by redesignating subsections (a) and (b) as paragraphs 
     (1) and (2), respectively;
       (B) in the matter preceding paragraph (1) (as redesignated 
     by subparagraph (A) of this paragraph)--
       (i) by striking ``In April'' and inserting ``(a) In 
     April''; and
       (ii) by striking ``Congress'' and inserting ``the Permanent 
     Select Committee on Intelligence and the Committee on the 
     Judiciary of the House of Representatives and the Select 
     Committee on Intelligence and the Committee on the Judiciary 
     of the Senate'';
       (C) in subsection (a) (as designated by subparagraph (B) of 
     this paragraph)--
       (i) in paragraph (1) (as redesignated by subparagraph (A) 
     of this paragraph), by striking ``; and'' and inserting a 
     semicolon;
       (ii) in paragraph (2) (as so redesignated), by striking the 
     period and inserting a semicolon; and
       (iii) 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
       (D) by adding at the end the following new subsection:
       ``(b)(1) Each report required under subsection (a) shall be 
     submitted in unclassified form.

[[Page 16352]]

       ``(2) Not later than 7 days after a report is submitted 
     under subsection (a), the Attorney General shall make such 
     report publicly available.''.
       (2) Congressional oversight.--Section 108(a)(1) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1808) is amended by striking ``the House Permanent Select 
     Committee on Intelligence and the Senate Select Committee on 
     Intelligence, and the Committee on the Judiciary of the 
     Senate'' and inserting ``the Permanent Select Committee on 
     Intelligence and the Committee on the Judiciary of the House 
     of Representatives and the Select Committee on Intelligence 
     and the Committee on the Judiciary of the Senate''.
       (b) Physical Searches.--Section 306 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is 
     amended--
       (1) in the first sentence, by striking ``Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate, and the 
     Committee on the Judiciary of the Senate'' and inserting 
     ``Permanent Select Committee on Intelligence and the 
     Committee on the Judiciary of the House of Representatives 
     and the Select Committee on Intelligence and the Committee on 
     the Judiciary of the Senate''; and
       (2) in the second sentence, by striking ``and the Committee 
     on the Judiciary of the House of Representatives''.
       (c) Pen 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'' and inserting a 
     semicolon;
       (B) in paragraph (3), by striking the period and inserting 
     a semicolon; and
       (C) by adding at the end the following new paragraphs:
       ``(4) each department or agency on behalf of which the 
     Government has made application for orders approving the use 
     of pen registers or trap and trace devices under this title;
       ``(5) for each department or agency described in paragraph 
     (4), a breakdown of the numbers required by paragraphs (1), 
     (2), and (3);
       ``(6) a good faith estimate of the total number of 
     individuals who were targeted by the installation and use of 
     a pen register or trap and trace device authorized under an 
     order entered under this title, rounded to the nearest 100;
       ``(7) a good faith estimate of the total number of United 
     States persons who were targeted by the installation and use 
     of a pen register or trap and trace device authorized under 
     an order entered under this title, rounded to the nearest 
     100; and
       ``(8) a good faith estimate of the total number of United 
     States persons who were targeted by the installation and use 
     of a pen register or trap and trace device authorized under 
     an order entered under this title and whose information 
     acquired by such pen register or trap and trace device was 
     subsequently reviewed or accessed by a Federal officer, 
     employee, or agent, 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.''.
       (d) Access to Certain Business Records and Other Tangible 
     Things.--Section 503 of the Foreign Intelligence Surveillance 
     Act of 1978, as redesignated by section 101(c) of this Act, 
     is amended--
       (1) in subsection (a), by striking ``Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence and the Committee on the 
     Judiciary of the Senate'' and inserting after ``Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, and the Committees on the Judiciary of the House of 
     Representatives and the Senate'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking ``to 
     the preceding calendar year--'' and inserting ``to the 
     preceding calendar year the following:'';
       (B) in paragraph (1)--
       (i) by striking ``the total'' and inserting ``The total''; 
     and
       (ii) by striking the semicolon and inserting a period;
       (C) in paragraph (2)--
       (i) by striking ``the total'' and inserting ``The total''; 
     and
       (ii) by striking ``; and'' and inserting a period;
       (D) in paragraph (3)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the number'' and inserting ``The number''; and
       (ii) by adding at the end the following new subparagraphs:
       ``(F) Records concerning electronic communications.
       ``(G) Records concerning wire communications.''; and
       (E) by adding at the end the following new paragraphs:
       ``(4) A description of all other tangible things sought by 
     an application made for the production of any tangible things 
     under section 501, and the number of orders under such 
     section 501 granted, modified, or denied, for each tangible 
     thing.
       ``(5) A description of each order under section 501 
     granted, modified, or denied for the production of tangible 
     things on an ongoing basis.
       ``(6) Each department or agency on whose behalf the 
     Director of the Federal Bureau of Investigation or a designee 
     of the Director has made an application for an order 
     requiring the production of any tangible things under section 
     501.
       ``(7) For each department or agency described in paragraph 
     (6), a breakdown of the numbers and descriptions required by 
     paragraphs (1), (2), (3), (4), and (5).''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (ii) in subparagraph (B), by striking the period 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;
       ``(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
       ``(E) a good faith estimate of the total number of United 
     States persons whose tangible things were produced under an 
     order entered under section 501 and subsequently reviewed or 
     accessed by a Federal officer, employee, or agent, 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.''.
       (e) 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 Permanent Select Committee on 
     Intelligence and the Committee on the Judiciary of the House 
     of Representatives and the Select Committee on Intelligence 
     and the Committee on the Judiciary of the Senate 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) a directive issued under section 702;
       ``(ii) an order granted under section 703; and
       ``(iii) an order granted under section 704;
       ``(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) a directive issued under section 702;
       ``(ii) an order granted under section 703; and
       ``(iii) an order granted under section 704; and
       ``(D) a good faith estimate of the total number of United 
     States persons whose electronic or wire communications or 
     communications records were collected pursuant to a directive 
     issued under section 702 and subsequently reviewed or 
     accessed by a Federal officer, employee, or agent, rounded to 
     the nearest 100.
       ``(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.''.

     SEC. 603. GOVERNMENT REPORTING ON NATIONAL SECURITY LETTERS.

       Section 118(c) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended 
     to read as follows:
       ``(c) Report on Requests for National Security Letters.--
       ``(1) Classified form.--
       ``(A) In general.--Not later than March 1, 2015, and every 
     180 days thereafter, the Attorney General shall submit to the 
     Select Committee on Intelligence, the Committee on the 
     Judiciary, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Permanent Select Committee on 
     Intelligence, the Committee on the Judiciary, and the 
     Committee on Financial Services of the House of 
     Representatives a report fully informing the committees 
     concerning

[[Page 16353]]

     the requests made under section 2709(a) of title 18, United 
     States Code, section 1114 of the Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3414(a)(5)(A)), section 626 of the 
     Fair Credit Reporting Act (15 U.S.C. 1681u), or section 802 
     of the National Security Act of 1947 (50 U.S.C. 3162) during 
     the applicable period.
       ``(B) Contents.--Each report under subparagraph (A) shall 
     include, for each provision of law described in subparagraph 
     (A)--
       ``(i) authorized requests under the provision, including 
     requests for subscriber information; and
       ``(ii) the number of authorized requests under the 
     provision--

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

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

       ``(IV) that relate to a person that is not known to be the 
     subject of an authorized national security investigation.

       ``(2) Unclassified form.--
       ``(A) In general.--Not later than March 1, 2015, and every 
     180 days thereafter, the Attorney General shall submit to the 
     Select Committee on Intelligence, the Committee on the 
     Judiciary, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Permanent Select Committee on 
     Intelligence, the Committee on the Judiciary, and the 
     Committee on Financial Services of the House of 
     Representatives a report fully informing the committees 
     concerning the aggregate total of all requests identified 
     under paragraph (1) during the applicable period. Each report 
     under this paragraph shall be in unclassified form.
       ``(B) Contents.--Each report under subparagraph (A) shall 
     include the aggregate total of requests--
       ``(i) that relate to a United States person;
       ``(ii) that relate to a person that is not a United States 
     person;
       ``(iii) that relate to a person that is--

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

       ``(iv) that relate to a person that is not known to be the 
     subject of an authorized national security investigation.
       ``(3) Definitions.--In this subsection:
       ``(A) Applicable period.--The term `applicable period' 
     means--
       ``(i) with respect to the first report submitted under 
     paragraph (1) or (2), the period beginning 180 days after the 
     date of enactment of the USA FREEDOM Act and ending on 
     December 31, 2014; and
       ``(ii) with respect to the second report submitted under 
     paragraph (1) or (2), and each report thereafter, the 6-month 
     period ending on the last day of the second month before the 
     date for submission of the report.
       ``(B) United states person.--The term `United States 
     person' has the meaning given that term in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801).''.

    TITLE VII--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA 
                               AUTHORITY

     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).

                        TITLE VIII--SEVERABILITY

     SEC. 801. SEVERABILITY.

       If any provision of this Act or an amendment made by this 
     Act, or the application of the provision to any person or 
     circumstance, is held to be unconstitutional, the remainder 
     of this Act and the amendments made by this Act, and the 
     application of the provisions of this Act and the amendments 
     made by this Act to any other person or circumstance, shall 
     not be affected thereby.
                                 ______
                                 
      By Ms. MURKOWSKI (for herself, Mr. Wyden, Mr. Udall of Colorado, 
        Mr. Heller, Mr. Enzi, Mrs. Hagan, Mr. Thune, Mr. Coons, Mr. 
        Hoeven, Ms. Landrieu, Mr. Coats, Mr. Begich, Mr. Risch, Ms. 
        Klobuchar, Mr. Blunt, Mr. Franken, and Mr. Crapo):
  S. 1600. A bill to facilitate the reestablishment of domestic, 
critical mineral designation, assessment, production, manufacturing, 
recycling, analysis, forecasting, workforce, education, research, and 
international capabilities in the United States, and for other 
purposes; to the Committee on Energy and Natural Resources.
  Mr. WYDEN. Mr. President, our national security depends upon minerals 
that enable nearly all of the defense and weapons systems used by the 
U.S. Armed Forces. These minerals are also critical to the clean 
energy, electronics, and medical industries. Yet, for how critical 
these minerals are, the vast majority of our domestic supply is 
imported from China in order to reduce cost. In fact, China supplies 90 
to 95 percent of our rare earth oxides, a special class of critical 
minerals. We have seen how dangerous this dependence can be--in 2009, 
China choked off the supply of these materials to the rest of the 
world, restricting exports by 72 percent and causing the prices of rare 
earth elements to skyrocket here in the U.S.
  I am pleased to join Senators Murkowski, Udall, and Heller as the 
leading sponsors of bipartisan legislation to prevent future supply 
shocks of these critical minerals that are the key to our defense, 
energy, electronics, and medical industries by expanding U.S. 
production and supply of these important substances. This legislation--
the Critical Minerals Policy Act of 2013--builds on two bills that were 
introduced in the 112th Congress and which were referred to the 
Committee on Energy and Natural Resources. S. 383, the Critical 
Minerals and Materials Promotion Act of 2011, which I cosponsored, was 
introduced by Senator Mark Udall. S. 1113, the Critical Minerals Policy 
Act, was introduced by Senator Murkowski. The Energy and Natural 
Resources Committee held a hearing on these bills in June 2011, and 
this new bill is a product of those efforts. We are being joined by 13 
of our Senate colleagues as original bipartisan cosponsors: Senators 
Risch, Hagan, Thune, Begich, Enzi, Coons, Hoeven, Landrieu, Coats, 
Klobuchar, Blunt, Franken, and Crapo.
  Critical minerals are pervasive in our everyday life. Let me give you 
a few examples. They are the key to stronger permanent magnets, which 
allow for smaller electric motors and other electronic devices, as well 
as for more efficient clean wind energy and MRI machines. They are 
essential for rechargeable batteries in hybrid and electric vehicles 
and the high-efficiency motors that power them. They are vital to 
phosphors, which give us more efficient lighting and flat panel 
displays. They serve as catalysts for fuel cells and for refining 
automobile fuel. Our Armed Forces also rely on critical minerals every 
time they use night-vision goggles, heads-up displays, satellite 
images, radar systems, high-energy laser weapons, precision-guided 
missiles, and fighter jets. By one estimate, the Defense Department 
alone constitutes 5 percent of total U.S. demand for rare earth 
elements. In short, critical minerals are so indispensable that we 
can't imagine life without them. They are called critical minerals 
because they are indeed critical to the development of so many high-
tech weapons systems and commercial products.
  Although China currently enjoys near-monopoly in the global 
production of critical minerals, the truth is that it doesn't have to 
be this way. China only holds 50 percent of the world's natural 
reserves, while the U.S. holds about 13 percent of the world's 
reserves, according a recent study by the U.S. Geological Survey. In 
fact, a large part of the critical minerals supply shock in 2009 was 
due to uncertainty about the global distribution of critical minerals. 
When China began to restrict supply, the rest of the world was in the 
dark about what alternative sources of supply were even available. 
Clearly, there is significant work to be done in this field.
  The bill being introduced today outlines a series of measures to 
expand U.S. supplies of critical minerals starting with the 
identification of which minerals and elements are truly in need of 
special attention. The bill then requires the Interior Department to 
conduct assessments of where these minerals are located within the U.S. 
and expands research to find more efficient ways of extracting and 
processing

[[Page 16354]]

those minerals. The bill also includes research programs to extract 
critical minerals from unconventional sources, such as coal or 
geothermal energy wells, as well as recycling these important 
substances from obsolete devices. The bill also requires the two lead 
agencies which manage our public lands and forests--the Department of 
the Interior and the Department of Agriculture--to reexamine the 
permitting processes for hard rock minerals under current law to see if 
there are ways of reducing delays for mining projects that would 
extract critical minerals. This legislation also includes programs to 
enable our next generation of scientists studying critical minerals and 
to prepare them for jobs in these fields as well as efforts to work 
with our international trading partners on expanding worldwide supplies 
of these materials.
  I commend Senator Murkowski for her leadership on this issue. This 
legislation is important for our national security. It is important for 
our high-tech manufacturing industries. It is important for U.S. 
competitiveness. I ask all Senators to support this bipartisan 
legislation.
                                 ______
                                 
      By Ms. MURKOWSKI:
  S. 1605. A bill for the relief of Michael G. Faber; to the Committee 
on Energy and Natural Resources.
  Ms. MURKOWSKI. Mr. President, I rise today to introduce unique 
legislation to remedy a clear mistake by the Federal Government that 
affects only a single person, an Army veteran, formerly from Alaska, 
now living in Idaho, who for the past nearly 40 years has been trying 
to get the Federal Government to remedy an inequity that has affected 
him, but also has impacts on his family.
  While Congress is struggling to find solutions for the economic and 
health care problems of all 311 million Americans and a means to fund 
the Federal Government, I hope we also can find the time to right a 
wrong for a single man and his family.
  The issue briefly is that Michael Faber, a Tsimshian Indian whose 
family has long roots in Southeast Alaska, initially had been granted 
membership/stock in 1973 in the Sealaska Native Regional Corp., the 
corporation made up of Southeast Alaska Natives formed as a result of 
the aboriginal land claims settlement between the Federal Government 
and Alaska Natives accomplished through passage of the Alaska Native 
Claims Settlement Act, ANCSA, of 1971. Because of a clerical error by 
the Bureau of Indian Affairs in the early 1970s Mr. Faber was shifted 
without cause or his permission to the out-of-state 13th Regional 
Corporation in late 1976. For decades Mr. Faber has been trying to win 
reinstatement to the Sealaska Corp., a request the corporation has 
endorsed, but that the Federal Government, and now seemingly the 
Federal courts, have decided can't happen without Congress expressly 
authorizing his reenrollment.
  The legislation I offer today, which to my knowledge is supported by 
everyone possibly connected to this case, will do nothing but right an 
error by our government that never should have happened. It is a bill 
that affects a sole individual, which I know is something that has 
become unpopular on Capitol Hill in recent years. But Congress early in 
history provided an avenue for passage of legislation to provide relief 
for individuals who are the victims of an injustice. In fact, it was 
once relatively common for Congress to pass such legislation. There 
were hundreds of such bills approved between 1817 and 1971. Admittedly 
just one was approved last year, when Nigerian student, Sopuruchi 
``Victor'' Chukwueke, became the first person in two years to win a 
private relief bill so he could stay in the United States on an expired 
visa and gain a path to permanent residency so he could enter medical 
school in Ohio. Mr. Faber's case is even more worthy of approval 
because this bill simply remedies a mistake clearly caused by a Federal 
agency.
  This issue stems from the fact that during the original enrollment 
process following passage of the Alaska Native Claims Settlement Act, 
Michael Faber enrolled in the Sealaska Corporation, the tenth of the 
thirteen corporations created by the Act, along with his father, Clyde 
Benjamin Faber, his brother Gary Dennis Faber and his sister Debra 
Marlene Faber. Michael Faber's enrollment was approved by the Bureau of 
Indian Affairs, and he received Sealaska share number 13-752-39665-01, 
and an initial 100 shares of stock in the Sealaska Corporation. The 
family lived in Metlakatla, Alaska prior to passage of the claims act, 
and by the time of implementation of the act had moved to Juneau, AK.
  In the mid-1960s Mr. Faber joined the U.S. Army and was stationed in 
Germany. At some point in 1976, while Mr. Faber was on duty with the 
Army, and consequently had an out-of-Alaska mailing address, someone in 
BIW apparently moved to shift his enrollment from the Sealaska Corp. to 
the then newly created 13th Corporation. That corporation was intended 
to serve the needs of Alaska Natives living outside of Alaska.
  Under the law, Mr. Faber was sent a ballot that he was required to 
sign to accept the shift in enrollment. However, he never received the 
ballot; it was returned to BIA--unopened and unsigned. Mr. Faber had 
been badly injured during his military service and, in early 1976, was 
in and out of rehabilitation hospitals and clinics at different 
locations. By late 1976, Mr. Faber spent 19 months in a military 
hospital in Texas recovering from severe burns. Unfortunately, someone 
at BIA went ahead, and without Mr. Faber's legal approval, 
administratively completed the enrollment shift. Mr. Faber eventually 
was placed on the military's Temporary Disability Retirement List, 
TDRL, and then was involved in years of post-service counseling. It 
wasn't until after his recovery that he fully realized he had been 
shifted from Sealaska to the 13th Corporation, and it was then that he 
began his effort to be reenrolled in the Sealaska Corp.
  The record indicates that during the 1990s BIA acknowledged it made 
an error in shifting Mr. Faber's enrollment without his written 
approval. Unfortunately, by then BIA believed it did not have the legal 
authority to reenroll Mr. Faber in the Sealaska Corporation shareholder 
rolls. Over the years, Mr. Faber won a resolution of support by the 
Sealaska Corporation's Board of Directors. The resolution welcomed his 
reinstatement to that corporation. He filed in U.S. District Court in 
Idaho a request for a writ ordering BIA to change his enrollment back 
to membership in Sealaska. In late 2012, however, a Federal judge in 
Idaho encouraged all parties to dismiss the suit without prejudice. 
Accordingly, there is no avenue for this injustice to be rectified 
without congressional authorization of Mr. Faber's reenrollment in the 
Sealaska Corp.
  This case has been complicated by the fact that Mr. Faber moved back 
to the community of Metlakatla, Alaska in the mid-1990s to work as the 
Executive Director of the Metlakatla Housing Authority. The 
complication is that residents of Metlakatla, the main community on the 
Annette Island Indian Reservation, were allowed by ANCSA to maintain 
their reservation status--the only reservation in the state to be 
reauthorized by the claims settlement act. But in return, members of 
the Metlakatla Indian Community were required to denounce other ANCSA 
benefits. This legislation, to prevent any precedents and to clarify 
the factual record, not only requires Mr. Faber to surrender or 
abrogate any possible membership in the Metlakatla Indian Community 
before his enrollment in the Sealaska Corp. can take effect, but also 
in no way alters the Section 19(a) provisions of ANCSA involving 
Metlakatla reservation status.
  Mr. Faber has been waiting for nearly 40 years for someone to 
champion his quest to be restored to the Sealaska Corp., a legacy he 
wants largely for the benefit of his children. This legislation will 
allow Mr. Faber retroactive benefits only to 2011. In that year, 
Sealaska's board voted to welcome Mr. Faber back to its membership. It 
also voted to support the legislation. The bill sets no precedents for 
other Natives to seek changes in their ANCSA enrollments because of the 
unique and

[[Page 16355]]

singular nature of the clerical error that was responsible for this 
change in enrollment status in the first place. This bill will simply 
treat Mr. Faber and his descendants humanely and formally recognize 
their legal and cultural status as Alaska Natives.
  I hope that Congress will see fit to pass this bill promptly--truly 
the right and just result.
                                 ______
                                 
      By Mr. SCHATZ (for himself and Ms. Hirono):
  S. 1607. A bill to provide conformity in Native small business 
opportunities and promote job creation, manufacturing, and American 
economic recovery; to the Committee on Small Business and 
Entrepreneurship.
  Mr. SCHATZ. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1607

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native Small Business 
     Conformity Act of 2013''.

     SEC. 2. SMALL BUSINESS CONFORMITY.

       (a) HUBZone Eligibility.--
       (1) In general.--Section 3(p)(3) of the Small Business Act 
     (15 U.S.C. 632(p)(3)) is amended--
       (A) by redesignating subparagraphs (D) and (E) as 
     subparagraphs (E) and (F), respectively; and
       (B) by inserting after subparagraph (C) the following:
       ``(D) a small business concern that is owned and controlled 
     by an organization described in section 8(a)(15);''.
       (2) Technical and conforming amendment.--Section 
     3(p)(5)(A)(i)(I)(aa) of the Small Business Act (15 U.S.C. 
     632(p)(5)(A)(i)(I)(aa)) is amended by striking ``subparagraph 
     (A), (B), (C), (D), or (E) of paragraph (3)'' and inserting 
     ``subparagraph (A), (B), (C), (D), (E) or (F) of paragraph 
     (3)''.
       (b) 8(a) Program.--
       (1) In general.--Section 8(a)(6) of the Small Business Act 
     (15 U.S.C. 637(a)(6)) is amended by adding at the end the 
     following:
       ``(F) If an organization described in paragraph (15) 
     establishes that it is economically disadvantaged under this 
     paragraph in connection with an application for 1 small 
     business concern owned or controlled by the organization, the 
     organization shall not be required to reestablish that it is 
     economically disadvantaged in order to have other businesses 
     that it owns or controls certified for participation in the 
     program under this subsection, unless specifically requested 
     to do so by the Administration.''.
       (2) Applicability.--The amendment made by this subsection 
     shall take effect on the date of enactment of this Act and 
     apply to determinations of economic disadvantage made before, 
     on, or after the date of enactment of this Act.
                                 ______
                                 
      By Mr. SCHATZ:
  S. 1608. A bill to authorize appropriations for the SelectUSA 
Initiative, and for other purposes; to the Committee on Commerce, 
Science, and Transportation.
  Mr. SCHATZ. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1608

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``SelectUSA Authorization Act 
     of 2013''.

     SEC. 2. SELECTUSA INITIATIVE DEFINED.

       In this Act, the term ``SelectUSA Initiative'' means the 
     SelectUSA Initiative established by Executive Order 13577 of 
     June 15, 2011.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE SELECTUSA 
                   INITIATIVE.

       There is authorized to be appropriated for the SelectUSA 
     Initiative $17,000,000 for each of fiscal years 2014 through 
     2018.

     SEC. 4. REPORTS AND NOTIFICATIONS TO CONGRESS.

       (a) In General.--Not later than December 31 of 2014, 2015, 
     2016, 2017, and 2018, the Secretary of Commerce shall submit 
     to Congress a report on the activities of the SelectUSA 
     Initiative during the preceding fiscal year.
       (b) Contents.--Each report submitted under subsection (a) 
     shall include, for the period covered by the report, the 
     following:
       (1) A description of the outreach activities of the 
     SelectUSA Initiative and the amounts used by the SelectUSA 
     Initiative for such activities.
       (2) The number of foreign firms that relocated to the 
     United States as a result of the activities of the SelectUSA 
     Initiative.
       (3) A description of the progress made by the United States 
     in increasing its share of foreign direct investment from the 
     Asia and Pacific regions.
       (4) Any findings that are made by the SelectUSA Initiative 
     in conducting its activities and are relevant to promoting 
     the United States as a destination for the location of 
     foreign direct investment.

                          ____________________