[House Report 113-452]
[From the U.S. Government Publishing Office]


113th Congress                                            Rept. 
    2d Session      }   HOUSE OF REPRESENTATIVES   {     13-452 Part 1

======================================================================
 
                            USA FREEDOM ACT

                                _______

  May 15, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______

   Mr. Goodlatte, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3361]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 3361) 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, having considered 
the same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     3
Purpose and Summary..............................................    13
Background and Need for the Legislation..........................    13
Hearings.........................................................    18
Committee Consideration..........................................    18
Committee Votes..................................................    18
Committee Oversight Findings.....................................    21
New Budget Authority and Tax Expenditures........................    22
Congressional Budget Office Cost Estimate........................    22
Duplication of Federal Programs..................................    24
Disclosure of Directed Rule Makings..............................    24
Performance Goals and Objectives.................................    24
Advisory on Earmarks.............................................    24
Section-by-Section Analysis......................................    24
Agency Views.....................................................    30
Changes in Existing Law Made by the Bill, as Reported............    33
Additional Views.................................................    53

                             The Amendment

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 
1978.

                 TITLE I--FISA BUSINESS RECORDS REFORMS

Sec. 101. Additional requirements for call detail records.
Sec. 102. Emergency authority.
Sec. 103. Prohibition on bulk collection of tangible things.
Sec. 104. Judicial review of minimization procedures for the production 
of tangible things.
Sec. 105. Liability protection.
Sec. 106. Compensation for assistance.
Sec. 107. Definitions.
Sec. 108. Inspector general reports on business records orders.
Sec. 109. Effective date.

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

Sec. 201. Prohibition on bulk collection.
Sec. 202. Minimization procedures.

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

Sec. 301. Prohibition on reverse targeting.
Sec. 302. Minimization procedures.
Sec. 303. Limits on use of unlawfully obtained information.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

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

                TITLE V--NATIONAL SECURITY LETTER REFORM

Sec. 501. Prohibition on bulk collection.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

Sec. 601. Additional reporting on orders requiring production of 
business records.
Sec. 602. Business records compliance reports to Congress.
Sec. 603. Annual report by the Director of the Administrative Office of 
the United States Courts on orders entered.
Sec. 604. Public reporting by persons subject to FISA orders.
Sec. 605. Reporting requirements for decisions of the Foreign 
Intelligence Surveillance Court.
Sec. 606. Submission of reports under FISA.

                           TITLE VII--SUNSETS

Sec. 701. Sunsets.

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

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

                 TITLE I--FISA BUSINESS RECORDS REFORMS

SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL RECORDS.

  (a) Application.--Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is 
amended--
          (1) in subparagraph (A)--
                  (A) in the matter preceding clause (i), by striking 
                ``a statement'' and inserting ``in the case of an 
                application other than an application described in 
                subparagraph (C), a statement''; and
                  (B) in clause (iii), by striking ``; and'' and 
                inserting a semicolon;
          (2) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (D), respectively; and
          (3) by inserting after subparagraph (B) (as so redesignated) 
        the following new subparagraph:
                  ``(C) in the case of an application for the 
                production of call detail records created on or after 
                the date of the application, a statement of facts 
                showing that--
                          ``(i) there are reasonable grounds to believe 
                        that the call detail records sought to be 
                        produced based on the specific selection term 
                        required under subparagraph (A) are relevant to 
                        an authorized investigation (other than a 
                        threat assessment) conducted in accordance with 
                        subsection (a)(2) to protect against 
                        international terrorism; and
                          ``(ii) there are facts giving rise to a 
                        reasonable, articulable suspicion that such 
                        specific selection term is associated with a 
                        foreign power or an agent of a foreign power; 
                        and''.
  (b) Order.--Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended--
          (1) in subparagraph (D), by striking ``; and'' and inserting 
        a semicolon;
          (2) in subparagraph (E), by striking the period and inserting 
        ``; and''; and
          (3) by adding at the end the following new subparagraph:
                  ``(F) in the case of an application described in 
                subsection (b)(2)(C), shall--
                          ``(i) authorize the production of call detail 
                        records for a period not to exceed 180 days;
                          ``(ii) provide that an order for such 
                        production may be extended upon application 
                        under subsection (b) and the judicial finding 
                        under paragraph (1);
                          ``(iii) provide that the Government may 
                        require the production of call detail records--
                                  ``(I) using the specific selection 
                                term that satisfies the standard 
                                required under subsection (b)(2)(C)(ii) 
                                as the basis for production; and
                                  ``(II) using the results of the 
                                production under subclause (I) as the 
                                basis for production;
                          ``(iv) direct each person the Government 
                        directs to produce call detail records under 
                        the order to furnish the Government forthwith 
                        all information, facilities, or technical 
                        assistance necessary to accomplish the 
                        production in such a manner as will protect the 
                        secrecy of the production and produce a minimum 
                        of interference with the services that such 
                        person is providing to each subject of the 
                        production; and
                          ``(v) direct the Government to destroy all 
                        call detail records produced under the order 
                        not later than 5 years after the date of the 
                        production of such records, except for records 
                        that are relevant to an authorized 
                        investigation (other than a threat assessment) 
                        conducted in accordance with subsection (a)(2) 
                        to protect against international terrorism.''.

SEC. 102. EMERGENCY AUTHORITY.

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

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

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

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

  Section 501(c)(1) (50 U.S.C. 1861(c)(1)) is amended by inserting 
after ``subsections (a) and (b)'' the following: ``and that the 
minimization procedures submitted in accordance with subsection 
(b)(2)(D) meet the definition of minimization procedures under 
subsection (g)''.

SEC. 105. LIABILITY PROTECTION.

  Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows:
  ``(e) No cause of action shall lie in any court against a person who 
produces tangible things or provides information, facilities, or 
technical assistance pursuant to an order issued or an emergency 
production required under this section. Such production shall not be 
deemed to constitute a waiver of any privilege in any other proceeding 
or context.''.

SEC. 106. COMPENSATION FOR ASSISTANCE.

  Section 501 (50 U.S.C. 1861), as amended by section 102 of this Act, 
is further amended by adding at the end the following new subsection:
  ``(j) Compensation.--The Government shall compensate, at the 
prevailing rate, a person for producing tangible things or providing 
information, facilities, or assistance in accordance with an order 
issued or an emergency production required under this section.''.

SEC. 107. DEFINITIONS.

  Section 501 (50 U.S.C. 1861), as amended by section 106 of this Act, 
is further amended by adding at the end the following new subsection:
  ``(k) Definitions.--In this section:
          ``(1) Call detail record defined.--The term `call detail 
        record'--
                  ``(A) means session identifying information 
                (including originating or terminating telephone number, 
                International Mobile Subscriber Identity number, or 
                International Mobile Station Equipment Identity 
                number), a telephone calling card number, or the time 
                or duration of a call; and
                  ``(B) does not include--
                          ``(i) the contents of any communication (as 
                        defined in section 2510(8) of title 18, United 
                        States Code);
                          ``(ii) the name, address, or financial 
                        information of a subscriber or customer; or
                          ``(iii) cell site location information.
          ``(2) Specific selection term.--The term `specific selection 
        term' means a term used to uniquely describe a person, entity, 
        or account.''.

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

  Section 106A of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (Public Law 109-177; 120 Stat. 200) is amended--
          (1) in subsection (b)--
                  (A) in paragraph (1), by inserting ``and calendar 
                years 2012 through 2014'' after ``2006'';
                  (B) by striking paragraphs (2) and (3);
                  (C) by redesignating paragraphs (4) and (5) as 
                paragraphs (2) and (3), respectively; and
                  (D) in paragraph (3) (as so redesignated)--
                          (i) by striking subparagraph (C) and 
                        inserting the following new subparagraph:
                  ``(C) with respect to calendar years 2012 through 
                2014, an examination of the minimization procedures 
                used in relation to orders under section 501 of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1861) and whether the minimization procedures 
                adequately protect the constitutional rights of United 
                States persons;''; and
                          (ii) in subparagraph (D), by striking ``(as 
                        such term is defined in section 3(4) of the 
                        National Security Act of 1947 (50 U.S.C. 
                        401a(4)))'';
          (2) in subsection (c), by adding at the end the following new 
        paragraph:
          ``(3) Calendar years 2012 through 2014.--Not later than 
        December 31, 2015, the Inspector General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the audit conducted under subsection 
        (a) for calendar years 2012 through 2014.'';
          (3) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively;
          (4) by inserting after subsection (c) the following new 
        subsection:
  ``(d) Intelligence Assessment.--
          ``(1) In general.--For the period beginning on January 1, 
        2012, and ending on December 31, 2014, the Inspector General of 
        the Intelligence Community shall assess--
                  ``(A) the importance of the information acquired 
                under title V of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1861 et seq.) to the activities 
                of the intelligence community;
                  ``(B) the manner in which that information was 
                collected, retained, analyzed, and disseminated by the 
                intelligence community;
                  ``(C) the minimization procedures used by elements of 
                the intelligence community under such title and whether 
                the minimization procedures adequately protect the 
                constitutional rights of United States persons; and
                  ``(D) any minimization procedures proposed by an 
                element of the intelligence community under such title 
                that were modified or denied by the court established 
                under section 103(a) of such Act (50 U.S.C. 1803(a)).
          ``(2) Submission date for assessment.--Not later than 
        December 31, 2015, the Inspector General of the Intelligence 
        Community shall submit to the Committee on the Judiciary and 
        the Select Committee on Intelligence of the Senate and the 
        Committee on the Judiciary and the Permanent Select Committee 
        on Intelligence of the House of Representatives a report 
        containing the results of the assessment for calendar years 
        2012 through 2014.'';
          (5) in subsection (e), as redesignated by paragraph (3)--
                  (A) in paragraph (1)--
                          (i) by striking ``a report under subsection 
                        (c)(1) or (c)(2)'' and inserting ``any report 
                        under subsection (c) or (d)''; and
                          (ii) by striking ``Inspector General of the 
                        Department of Justice'' and inserting 
                        ``Inspector General of the Department of 
                        Justice, the Inspector General of the 
                        Intelligence Community, and any Inspector 
                        General of an element of the intelligence 
                        community that prepares a report to assist the 
                        Inspector General of the Department of Justice 
                        or the Inspector General of the Intelligence 
                        Community in complying with the requirements of 
                        this section''; and
                  (B) in paragraph (2), by striking ``the reports 
                submitted under subsections (c)(1) and (c)(2)'' and 
                inserting ``any report submitted under subsection (c) 
                or (d)'';
          (6) in subsection (f), as redesignated by paragraph (3)--
                  (A) by striking ``The reports submitted under 
                subsections (c)(1) and (c)(2)'' and inserting ``Each 
                report submitted under subsection (c)''; and
                  (B) by striking ``subsection (d)(2)'' and inserting 
                ``subsection (e)(2)''; and
          (7) by adding at the end the following new subsection:
  ``(g) Definitions.--In this section:
          ``(1) Intelligence community.--The term `intelligence 
        community' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
          ``(2) United states person.--The term `United States person' 
        has the meaning given that term in section 101 of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).''.

SEC. 109. EFFECTIVE DATE.

  The amendments made by sections 101 through 103 shall take effect on 
the date that is 180 days after the date of the enactment of this Act.

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

SEC. 201. PROHIBITION ON BULK COLLECTION.

  (a) Prohibition.--Section 402(c) (50 U.S.C. 1842(c)) is amended--
          (1) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
          (2) in paragraph (2), by striking the period and inserting a 
        semicolon; and
          (3) by adding at the end the following new paragraph:
          ``(3) a specific selection term to be used as the basis for 
        selecting the telephone line or other facility to which the pen 
        register or trap and trace device is to be attached or applied; 
        and''.
  (b) Definition.--Section 401 (50 U.S.C. 1841) is amended by adding at 
the end the following new paragraph:
          ``(4) The term `specific selection term' has the meaning 
        given the term in section 501.''.

SEC. 202. MINIMIZATION PROCEDURES.

  (a) Definition.--Section 401 (50 U.S.C. 1841), as amended by section 
201 of this Act, is further amended by adding at the end the following 
new paragraph:
          ``(5) The term `minimization procedures' means--
                  ``(A) specific procedures that are reasonably 
                designed in light of the purpose and technique of an 
                order for the installation and use of a pen register or 
                trap and trace device to minimize the retention and 
                prohibit the dissemination of nonpublicly available 
                information 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.''.
  (b) Application.--Section 402(c) (50 U.S.C. 1842(c)), as amended by 
section 201 of this Act, is further amended by adding at the end the 
following new paragraph:
          ``(4) a statement of proposed minimization procedures.''.
  (c) Order.--Section 402(d) (50 U.S.C. 1842(d)) is amended--
          (1) 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
          (2) in paragraph (2)(B)--
                  (A) in clause (ii)(II), by striking ``; and'' and 
                inserting a semicolon; and
                  (B) by adding at the end the following new clause:
                  ``(iv) the minimization procedures be followed; 
                and''.
  (d) Compliance Assessment.--Section 402 (50 U.S.C. 1842) is amended 
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 retained or disseminated.''.

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

SEC. 301. PROHIBITION ON REVERSE TARGETING.

  Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is amended by striking 
``the purpose'' and inserting ``a purpose''.

SEC. 302. MINIMIZATION PROCEDURES.

  Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amended--
          (1) by striking ``that meet'' and inserting the following: 
        ``that--
                  ``(A) meet'';
          (2) in subparagraph (A) (as designated by paragraph (1) of 
        this section), by striking the period and inserting ``; and''; 
        and
          (3) by adding at the end the following new subparagraph:
                  ``(B) consistent with such definition, minimize the 
                acquisition, and prohibit the retention and 
                dissemination, of any communication as to which the 
                sender and all intended recipients are determined to be 
                located in the United States and prohibit the use of 
                any discrete, non-target communication that is 
                determined to be to or from a United States person or a 
                person who appears to be located in the United States, 
                except to protect against an immediate threat to human 
                life.''.

SEC. 303. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION.

  Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at the 
end the following new subparagraph:
                  ``(D) Limitation on use of information.--
                          ``(i) In general.--Except as provided in 
                        clause (ii), no information obtained or 
                        evidence derived from an acquisition pursuant 
                        to a certification or targeting or minimization 
                        procedures subject to an order under 
                        subparagraph (B) 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 subparagraph (B), 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.''.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

SEC. 401. APPOINTMENT OF AMICUS CURIAE.

  Section 103 (50 U.S.C. 1803) is amended by adding at the end the 
following new subsection:
  ``(i) Amicus Curiae.--
          ``(1) Authorization.--A court established under subsection 
        (a) or (b), consistent with the requirement of subsection (c) 
        and any other statutory requirement that the court act 
        expeditiously or within a stated time--
                  ``(A) shall appoint an individual to serve as amicus 
                curiae to assist such court in the consideration of any 
                application for an order or review that, in the opinion 
                of the court, presents a novel or significant 
                interpretation of the law, unless the court issues a 
                written finding that such appointment is not 
                appropriate; and
                  ``(B) may appoint an individual to serve as amicus 
                curiae in any other instance as such court deems 
                appropriate.
          ``(2) Designation.--The presiding judges of the courts 
        established under subsections (a) and (b) shall jointly 
        designate not less than 5 individuals to be eligible to serve 
        as amicus curiae. Such individuals shall be persons who possess 
        expertise in privacy and civil liberties, intelligence 
        collection, telecommunications, or any other area of law that 
        may lend legal or technical expertise to the courts and who 
        have been determined by appropriate executive branch officials 
        to be eligible for access to classified information.
          ``(3) Duties.--An individual appointed to serve as amicus 
        curiae under paragraph (1) shall carry out the duties assigned 
        by the appointing court. Such court may authorize the 
        individual appointed to serve as amicus curiae to review any 
        application, certification, petition, motion, or other 
        submission that the court determines is relevant to the duties 
        assigned by the court.
          ``(4) Notification.--The presiding judges of the courts 
        established under subsections (a) and (b) shall notify the 
        Attorney General of each exercise of the authority to appoint 
        an individual to serve as amicus curiae under paragraph (1).
          ``(5) Assistance.--A court established under subsection (a) 
        or (b) may request and receive (including on a non-reimbursable 
        basis) the assistance of the executive branch in the 
        implementation of this subsection.
          ``(6) Administration.--A court established under subsection 
        (a) or (b) may provide for the designation, appointment, 
        removal, training, or other support for an individual appointed 
        to serve as amicus curiae under paragraph (1) in a manner that 
        is not inconsistent with this subsection.''.

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

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

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

  ``(a) Declassification Required.--Subject to subsection (b), the 
Attorney General shall conduct a declassification review of each 
decision, order, or opinion issued by the Foreign Intelligence 
Surveillance Court or the Foreign Intelligence Surveillance Court of 
Review (as defined in section 601(e)) that includes a significant 
construction or interpretation of any provision of this Act and, 
consistent with that review, make publicly available to the greatest 
extent practicable each such decision, order, or opinion.
  ``(b) Redacted Form.--The Attorney General may satisfy the 
requirement under subsection (a) to make a decision, order, or opinion 
described in such subsection publicly available to the greatest extent 
practicable by making such decision, order, or opinion publicly 
available in redacted form.
  ``(c) National Security Waiver.--The Attorney General may waive the 
requirement to declassify and make publicly available a particular 
decision, order, or opinion under subsection (a) if the Attorney 
General--
          ``(1) determines that a waiver of such requirement is 
        necessary to protect the national security of the United States 
        or properly classified intelligence sources or methods; and
          ``(2) makes publicly available an unclassified summary of 
        such decision, order, or opinion.''.
  (b) Table of Contents Amendments.--The table of contents in the first 
section is amended--
          (1) by striking the item relating to title VI and inserting 
        the following new item:

                      ``TITLE VI--OVERSIGHT''; and

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

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

                TITLE V--NATIONAL SECURITY LETTER REFORM

SEC. 501. PROHIBITION ON BULK COLLECTION.

  (a) Counterintelligence Access to Telephone Toll and Transactional 
Records.--Section 2709(b) of title 18, United States Code, is amended 
in the matter preceding paragraph (1) by striking ``may'' and inserting 
``may, using a specific selection term as the basis for a request''.
  (b) Access to Financial Records for Certain Intelligence and 
Protective Purposes.--Section 1114(a)(2) of the Right to Financial 
Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the 
period and inserting ``and a specific selection term to be used as the 
basis for the production and disclosure of financial records.''.
  (c) Disclosures to FBI of Certain Consumer Records for 
Counterintelligence Purposes.--Section 626(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681u(a)) is amended by striking ``that 
information,'' and inserting ``that information that includes a 
specific selection term to be used as the basis for the production of 
that information,''.
  (d) Disclosures to Governmental Agencies for Counterterrorism 
Purposes of Consumer Reports.--Section 627(a) of the Fair Credit 
Reporting Act (15 U.S.C. 1681v(a)) is amended by striking ``analysis.'' 
and inserting ``analysis and a specific selection term to be used as 
the basis for the production of such information.''.
  (e) Definitions.--
          (1) Counterintelligence access to telephone toll and 
        transactional records.--Section 2709 of title 18, United States 
        Code, is amended by adding at the end the following new 
        subsection:
  ``(g) Specific Selection Term Defined.--In this section, the term 
`specific selection term' has the meaning given the term in section 501 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861).''.
          (2) 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 by adding at 
        the end the following new subsection:
  ``(e) In this section, the term `specific selection term' has the 
meaning given the term in section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861).''.
          (3) Disclosures to fbi of certain consumer records for 
        counterintelligence purposes.--Section 626 of the Fair Credit 
        Reporting Act (15 U.S.C. 1681u) is amended by adding at the end 
        the following new subsection:
  ``(n) Specific Selection Term Defined.--In this section, the term 
`specific selection term' has the meaning given the term in section 501 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861).''.
          (4) Disclosures to governmental agencies for counterterrorism 
        purposes of consumer reports.--Section 627 of the Fair Credit 
        Reporting Act (15 U.S.C. 1681v) is amended by adding at the end 
        the following new subsection:
  ``(g) Specific Selection Term Defined.--In this section, the term 
`specific selection term' has the meaning given the term in section 501 
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861).''.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

SEC. 601. ADDITIONAL REPORTING ON ORDERS REQUIRING PRODUCTION OF 
                    BUSINESS RECORDS.

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

SEC. 602. BUSINESS RECORDS COMPLIANCE REPORTS TO CONGRESS.

  (a) Business Records Productions.--Section 502(b) (50 U.S.C. 
1862(b)), as amended by section 601 of this Act, is further amended--
          (1) by redesignating paragraphs (1) through (7) as paragraphs 
        (2) through (8), respectively; and
          (2) by inserting before paragraph (2) (as so redesignated) 
        the following new paragraph:
          ``(1) any compliance reviews conducted by the Federal 
        Government of the production of tangible things under section 
        501;''.
  (b) FISA Authorities in General.--Section 601(a) (50 U.S.C. 1871(a)) 
is amended--
          (1) in paragraph (4), by striking ``; and'' and inserting a 
        semicolon;
          (2) in paragraph (5), by striking the period and inserting 
        ``; and''; and
          (3) by adding at the end the following new paragraph:
          ``(6) any compliance reviews conducted by the Federal 
        Government of electronic surveillance, physical searches, the 
        installation of pen register or trap and trace devices, access 
        to records, or acquisitions conducted under this Act.''.

SEC. 603. ANNUAL REPORT BY THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF 
                    THE UNITED STATES COURTS ON ORDERS ENTERED.

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

``SEC. 603. ANNUAL REPORT ON ORDERS ENTERED.

  ``The Director of the Administrative Office of the United States 
Courts shall annually submit to the Permanent Select Committee on 
Intelligence and the Committee on the Judiciary of the House of 
Representatives and the Select Committee on Intelligence and the 
Committee on the Judiciary of the Senate and make publicly available on 
an Internet website--
          ``(1) the number of orders entered under each of sections 
        105, 304, 402, 501, 702, 703, and 704;
          ``(2) the number of orders modified under each of those 
        sections;
          ``(3) the number of orders denied under each of those 
        sections; and
          ``(4) the number of appointments of an individual to serve as 
        amicus curiae under section 103, including the name of each 
        individual appointed to serve as amicus curiae.''.
  (b) Table of Contents Amendment.--The table of contents in the first 
section, as amended by section 402 of this Act, is further amended by 
inserting after the item relating to section 602, as added by such 
section 402, the following new item:

``Sec. 603. Annual report on orders entered.''.

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

  (a) In General.--Title VI (50 U.S.C. 1871 et seq.), as amended by 
section 603 of this Act, is further amended by adding at the end the 
following new section:

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

  ``(a) Reporting.--A person may semiannually publicly report the 
following information with respect to the preceding half year using one 
of the following structures:
          ``(1) A report that aggregates the number of orders or 
        directives the person was required to comply with in the 
        following separate categories:
                  ``(A) Criminal process, subject to no restrictions.
                  ``(B) The number of national security letters 
                received, reported in bands of 1000 starting with 0-
                999.
                  ``(C) The number of customer accounts affected by 
                national security letters, reported in bands of 1000 
                starting with 0-999.
                  ``(D) The number of orders under this Act for 
                content, reported in bands of 1000 starting with 0-999.
                  ``(E) With respect to content orders under this Act, 
                in bands of 1000 starting with 0-999--
                          ``(i) the number of customer accounts 
                        affected under orders under title I; and
                          ``(ii) the number of customer selectors 
                        targeted under orders under title VII.
                  ``(F) The number of orders under this Act for non-
                content, reported in bands of 1000 starting with 0-999.
                  ``(G) With respect to non-content orders under this 
                Act, in bands of 1000 starting with 0-999--
                          ``(i) the number of customer accounts 
                        affected under orders under--
                                  ``(I) title I;
                                  ``(II) title IV;
                                  ``(III) title V with respect to 
                                applications described in section 
                                501(b)(2)(B); and
                                  ``(IV) title V with respect to 
                                applications described in section 
                                501(b)(2)(C); and
                          ``(ii) the number of customer selectors 
                        targeted under orders under title VII.
          ``(2) A report that aggregates the number of orders or 
        directives the person was required to comply with in the 
        following separate categories:
                  ``(A) Criminal process, subject to no restrictions.
                  ``(B) The total number of all national security 
                process received, including all national security 
                letters and orders under this Act, reported as a single 
                number in a band of 0-249 and thereafter in bands of 
                250.
                  ``(C) The total number of customer selectors targeted 
                under all national security process received, including 
                all national security letters and orders under this 
                Act, reported as a single number in a band of 0-249 and 
                thereafter in bands of 250.
          ``(3) A report that aggregates the number of orders or 
        directives the person was required to comply with in the 
        following separate categories:
                  ``(A) Criminal process, subject to no restrictions.
                  ``(B) The number of national security letters 
                received, reported in bands of 500 starting with 0-499.
                  ``(C) The number of customer accounts affected by 
                national security letters, reported in bands of 500 
                starting with 0-499.
                  ``(D) The number of orders under this Act for 
                content, reported in bands of 500 starting with 0-499.
                  ``(E) The number of customer selectors targeted under 
                such orders, in bands of 500 starting with 0-499.
                  ``(F) The number of orders under this Act for non-
                content, reported in bands of 500 starting with 0-499.
                  ``(G) The number of customer selectors targeted under 
                such orders, reported in bands of 500 starting with 0-
                499.
  ``(b) National Security Letter Defined.--The term `national security 
letter' means any of the following provisions:
          ``(1) Section 2709 of title 18, United States Code.
          ``(2) Section 1114(a)(5)(A) of the Right to Financial Privacy 
        Act of 1978 (12 U.S.C. 3414(a)(5)(A)).
          ``(3) Subsection (a) or (b) of section 626 of the Fair Credit 
        Reporting Act (15 U.S.C. 1681u(a), 1681u(b)).
          ``(4) Section 627(a) of the Fair Credit Reporting Act (15 
        U.S.C. 1681v(a)).''.
  (b) Table of Contents Amendment.--The table of contents in the first 
section, as amended by section 603 of this Act, is further amended by 
inserting after the item relating to section 603, as added by section 
603 of this Act, the following new item:

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

SEC. 605. REPORTING REQUIREMENTS FOR DECISIONS OF THE FOREIGN 
                    INTELLIGENCE SURVEILLANCE COURT.

  Section 601(c)(1) (50 U.S.C. 1871(c)) is amended to read as follows:
          ``(1) not later than 45 days after the date on which the 
        Foreign Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review issues a decision, 
        order, or opinion that includes a significant construction or 
        interpretation of any provision of this Act or a denial of a 
        request for an order or a modification of a request for an 
        order, or results in a change of application of any provision 
        of this Act or a new application of any provision of this Act--
                  ``(A) a copy of such decision, order, or opinion and 
                any pleadings, applications, or memoranda of law 
                associated with such decision, order, or opinion; and
                  ``(B) with respect to such decision, order, or 
                opinion, a brief statement of the relevant background 
                factual information, questions of law, legal analysis, 
                and decision rendered; and''.

SEC. 606. SUBMISSION OF REPORTS UNDER FISA.

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

                           TITLE VII--SUNSETS

SEC. 701. SUNSETS.

  (a) USA PATRIOT Improvement and Reauthorization Act of 2005.--Section 
102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 
2005 (50 U.S.C. 1805 note) is amended by striking ``June 1, 2015'' and 
inserting ``December 31, 2017''.
  (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 1801 note) is amended by striking ``June 1, 
2015'' and inserting ``December 31, 2017''.

                          Purpose and Summary

    H.R. 3361, the ``USA FREEDOM Act,'' reforms Section 215 of 
the USA PATRIOT Act (Section 501 of the Foreign Intelligence 
Surveillance Act (FISA)), clarifies several other national 
security authorities, expands existing oversight provisions, 
and creates greater transparency of national security programs 
operated pursuant to FISA.

                Background and Need for the Legislation

    In June 2013, Edward Snowden, a former defense contractor 
and CIA employee, released classified material on top-secret 
National Security Agency (NSA) data collection programs, 
including a metadata program operated under Section 215 of the 
USA PATRIOT Act and a program called PRISM operated under 
Section 702 of the FISA Amendments Act, to the media. On June 
5, 2013, it was reported that on April 25, 2013, the Foreign 
Intelligence Surveillance Court (FISC) granted an order 
requested by the FBI pursuant to Section 215 of the USA PATRIOT 
Act.\1\ The order compels a telephone service provider, on an 
``ongoing, daily basis,'' to provide the NSA with ``all call 
detail records or telephony metadata'' for communications made 
via its systems, both within the United States and between the 
U.S. and other countries.\2\ ``Telephony metadata'' is broadly 
defined, and includes the numbers of both parties on a call, 
unique identifiers, and the time and duration of all calls. The 
order gave the government the authority to obtain the call 
detail records or ``telephony metadata'' for a 3-month period, 
ending on July 19, 2013.\3\
---------------------------------------------------------------------------
    \1\50 U.S.C. Sec. 1861.
    \2\See Verizon forced to hand over telephone data--full court 
ruling, the Guardian, Jun. 5, 2013, available at http://
www.guardian.co.uk/world/interactive/2013/jun/06/verizon-telephone-
data-court-order.
    \3\Id.
---------------------------------------------------------------------------
    On June 6, 2013, classified information regarding a second 
program, the PRISM program, was reported by the Guardian and 
Washington Post.\4\ PRISM was authorized by Section 702 of 
FISA,\5\ which was reauthorized by Congress in 2012 and expires 
in December of 2017.\6\ It allows the NSA to obtain data from 
electronic service providers regarding non-U.S. persons who 
reside outside the United States--including email, chat, 
photos, videos, stored data, and file transfers.
---------------------------------------------------------------------------
    \4\Glenn Greenwald, ``NSA Prism program taps in to user data of 
Apple, Google and others,'' available at http://www.guardian.co.uk/
world/2013/jun/06/us-tech-giants-nsa-data.
    \5\50 U.S.C. Sec. 1881a.
    \6\Id.; see also Pub. L. No. 112-238 (December 30, 2012).
---------------------------------------------------------------------------
    In the months that followed, the Director of National 
Intelligence (DNI) declassified numerous Foreign Intelligence 
Surveillance Court (FISC) opinions and orders. In addition, the 
DNI declassified minimization procedures and comprehensive 
reviews of programs operated under FISA.
    On March 27, 2014, President Obama announced several 
changes to the conduct of foreign intelligence activities in 
response to the ongoing controversy arising from the 
unauthorized disclosure of classified information by Edward 
Snowden. The President announced changes that imposed both a 
substantive limit on the scope of NSA's access to telephony 
metadata as well as a procedural limit on when the NSA may 
access the data in the first place. The substantive limit 
restricts the results of queries of telephony metadata to two 
``hops'' (a ``hop'' is a colloquial term for a connection 
between two telephone numbers). Prior to the President's 
speech, the program had been authorized to receive query 
results of up to three ``hops.''
    The procedural limit also requires that the FISC approve 
queries of telephony metadata on a case-by-case basis and 
before any query is conducted. Under the bulk metadata 
collection program, the NSA was permitted to query the data 
without court approval and based on one of 22 NSA officials' 
determination that there was a reasonable articulable suspicion 
(RAS) that the selector is associated with an international 
terrorist organization. As described by the President, the new 
framework requires the FISC to approve each selector for use in 
queries. Such an arrangement was not unprecedented. For several 
months in 2009, the FISC had imposed a similar judicial pre-
approval requirement after the government reported violations 
of the court-ordered privacy protections intended to prevent 
access to the metadata. This pre-approval requirement was 
subsequently lifted after the FISC was satisfied that 
sufficient changes had been made to correct the earlier 
compliance violations.
    At the same time, the President announced that the 
government should no longer store telephone metadata in bulk; 
rather, the records should remain at the telephone companies 
for the length of time such records are stored in the ordinary 
course of business. Also, the President stated that the court-
approved numbers could be used to query the data over a limited 
period of time without returning to the FISC for approval, the 
production of records would be ongoing and prospective, and the 
companies should be compelled by court order to provide 
technical assistance to ensure that the records can be queried 
and that results are transmitted to the government in a usable 
format and in a timely manner. \7\
---------------------------------------------------------------------------
    \7\Press Release, The White House, Office of the Press Secretary, 
Statement by the President on the Section 215 Bulk Metadata Program 
(Mar. 27, 204), available at http://www.whitehouse.gov/the-press-
office/2014/03/27/statement-president-section-215-bulk-metadata-
program.
---------------------------------------------------------------------------
    Over the past year, the House Judiciary Committee has 
conducted aggressive oversight of these programs. In July 2013, 
the Committee held a public hearing at which testimony was 
received from officials with the Justice Department, the Office 
of the Director of National Intelligence, the NSA and the FBI 
and civil liberties groups. In September 2013, the Committee 
held a classified hearing where members were afforded the 
opportunity to further probe these programs with officials from 
DOJ, ODNI, NSA, and FBI. In February 2014, the Committee held a 
comprehensive hearing to examine the various recommendations to 
reform these programs offered by the President's Review Group 
on Intelligence and Communications Technologies and the Privacy 
and Civil Liberties Oversight Board.
    In 1976, the Supreme Court held that an individual's bank 
account records did not fall within the protection of the 
Fourth Amendment's prohibition on unreasonable searches and 
seizures.\8\ Subsequently, Congress passed laws protecting 
various types of transactional information, but built in 
exceptions providing some access to statutorily protected 
records for counter intelligence purposes. Similar statutory 
protections were also enacted for electronic communications 
records and credit bureau records.
---------------------------------------------------------------------------
    \8\U.S. v. Miller, 425 U.S. 435 (1976).
---------------------------------------------------------------------------
    As with financial records, these later statutes also 
included exceptions for access to records relevant to 
counterintelligence investigations. These exceptions comprise 
the authority for national security letters (NSLs), which can 
be used to compel the production of certain types of records. 
In 1998, Congress amended FISA to provide access to certain 
records that were not available through NSLs.\9\ Specifically, 
it created a mechanism for Federal investigators to compel the 
production of records from common carriers, public 
accommodation facilities, storage facilities, and vehicle 
rental facilities.\10\ Applications for orders under this 
section had to be made by FBI agents with a rank of Assistant 
Special Agent in Charge or higher and investigations could not 
be conducted solely on the basis of activities protected by the 
First Amendment.\11\
---------------------------------------------------------------------------
    \9\P.L. 105-272, tit. VI, Sec. 602.
    \10\50 U.S.C. Sec. 1862(a) (2001).
    \11\50 U.S.C. Sec. 1862(a)(1) (2001).
---------------------------------------------------------------------------
    Under these procedures the FISC would issue an order if the 
application contained ``specific and articulable facts giving 
reason to believe that the person to whom the records pertain 
is a foreign power or an agent of a foreign power.''\12\ 
Recipients of an order under this section were required to 
comply with it, and were also prohibited from disclosing to 
others that an order had been issued.\13\
---------------------------------------------------------------------------
    \12\50 U.S.C. Sec. 1862(b)(2)(B) (2001).
    \13\50 U.S.C. Sec. 1862(d)(1)-(2) (2001).
---------------------------------------------------------------------------
    In 2001, Section 215 of the USA PATRIOT Act made several 
changes to the procedures under FISA for obtaining business 
records.\14\ Among these was an expansion of the scope of 
records that were subject to compulsory production. Prior to 
enactment of the USA PATRIOT Act, only records from four 
explicit categories of businesses could be obtained. Section 
215 expanded business records to ``any tangible things.''\15\
---------------------------------------------------------------------------
    \14\P.L. 107-56, Sec. 215 codified at 50 U.S.C. Sec. 1862(a)-(b) 
(2008).
    \15\50 U.S.C. Sec. 1861(a)(1) (2008).
---------------------------------------------------------------------------
    This expanded scope drew strong opposition from the library 
community, so much so that Section 215 came to be known as the 
``library provision'' despite the fact that the original text 
of the provision did not mention libraries. Opposition from 
this group was based upon the ``chilling effect'' such access 
might have on the exercise of First Amendment rights and 
purported intrusions into areas protected by the Fourth 
Amendment.\16\
---------------------------------------------------------------------------
    \16\See, e.g., AMERICAN LIBRARY ASSOCIATION, Resolution on the USA 
PATRIOT Act and Related Measures That Infringe on the Rights of Library 
Users, Jan. 29, 2003, available at http://www.ala.org.
---------------------------------------------------------------------------
    In response to these concerns, a library-specific amendment 
was made to the Section 215 procedures by the USA PATRIOT 
Improvement and Reauthorization Act of 2005. Under this 
amendment, if the records sought were ``library circulation 
records, library patron lists, book sales records, book 
customer lists, firearms sales records, tax return records, 
educational records, or medical records containing information 
that would identify a person,'' the application has to be 
approved by one of three high-ranking FBI officers.\17\
---------------------------------------------------------------------------
    \17\Applications for these records could be made only by the 
Director of the Federal Bureau of Investigation, the Deputy Director of 
the Federal Bureau of Investigation, or the Executive Assistant 
Director for National Security. This authority cannot be further 
delegated. 50 U.S.C. Sec. 1861(a)(3) (2008).
---------------------------------------------------------------------------
    Section 215 of the USA PATRIOT Act also modified the 
standard that had to be met before an order compelling 
production of documents could issue from the FISC. Prior to 
enactment of Section 215, an applicant had to have ``specific 
and articulable facts giving reason to believe that the person 
to whom the records pertain is a foreign power or an agent of a 
foreign power.''\18\ In contrast, under Section 215, the 
applicant only needed to ``specify that the records concerned 
[were] sought for a [foreign intelligence investigation.]''\19\
---------------------------------------------------------------------------
    \18\50 U.S.C. Sec. 1862(b)(2)(B) (2001).
    \19\P.L. 107-56, Sec. 215.
---------------------------------------------------------------------------
    As part of the 2005 reauthorization, Congress further 
amended FISA procedures for obtaining business records. The 
applicable standard was again changed to require ``a statement 
of facts showing that there are reasonable grounds to believe 
that the tangible things sought are relevant to a [foreign 
intelligence investigation.]''\20\ Records are presumptively 
relevant if they pertain to:
---------------------------------------------------------------------------
    \20\P.L. 109-177, Sec. 106(b).
---------------------------------------------------------------------------
     La foreign power or an agent of a foreign power;
     Lthe activities of a suspected agent of a foreign 
power who is the subject of such authorized investigation; or
     Lan individual in contact with, or known to, a 
suspected agent of a foreign power who is the subject of such 
authorized investigation;
    Orders issued under Section 215 are accompanied by 
nondisclosure orders prohibiting the recipients from disclosing 
that the FBI has sought or obtained any tangible things 
pursuant to a FISA order. However, the recipient may discuss 
the order with other persons as necessary to comply with the 
order, with an attorney to obtain legal advice or assistance, 
or with other persons as permitted by the FBI.\21\ The 
recipient must identify persons to whom disclosure has been 
made, or is intended to be made, if the FBI requests, except 
that attorneys with whom the recipient has consulted do not 
need to be identified.\22\
---------------------------------------------------------------------------
    \21\50 U.S.C. Sec. 1861(d)(1) (2008).
    \22\50 U.S.C. Sec. 1861(d)(2)(C) (2008).
---------------------------------------------------------------------------
    The 2005 reauthorization also provided procedures for 
recipients of Section 215 orders to challenge the judicial 
review of orders compelling the production of business 
records.\23\ Once a petition for review is submitted by a 
recipient, a FISC judge must determine whether the petition is 
frivolous within 72 hours.\24\ If the petition is frivolous, it 
must be denied and the order affirmed.\25\ Otherwise the order 
may be modified or set aside if it does not meet the 
requirements of FISA or is otherwise unlawful.\26\ Appeals by 
either party may be heard by the Foreign Intelligence Court of 
Review and the Supreme Court.\27\
---------------------------------------------------------------------------
    \23\50 U.S.C. Sec. 1861(f)(2)(A)(i) (2008).
    \24\50 U.S.C. Sec. 1861(f)(2)(A)(ii) (2008).
    \25\Id.
    \26\50 U.S.C. Sec. 1861(f)(2)(B) (2008).
    \27\50 U.S.C. Sec. 1861(f)(3) (2008).
---------------------------------------------------------------------------
    On July 10, 2008, President Bush signed into law the FISA 
Amendments Act of 2008 (FAA), which passed with a bipartisan 
majority of Congress and broad support from the intelligence 
community. Among other things, the FAA provided for targeting 
non-U.S. persons overseas to acquire foreign intelligence 
information, subject to specific targeting and minimization 
procedures that are reviewed by the FISA Court. The FAA 
required the Attorney General and the DNI to assess compliance 
with those procedures every 6 months and to submit an 
assessment to the FISA Court and to Congress.
    The FAA permited the Attorney General and DNI to obtain an 
annual certification from the FISC to target foreign persons 
reasonably believed to be located outside the U.S. to acquire 
foreign intelligence information. Under exigent 
circumstances,\28\ the Attorney General and DNI may immediately 
authorize such targeting based upon a determination that 
without immediate implementation of an authorization, 
intelligence important to the national security of the United 
States may be lost or not timely acquired and time does not 
permit the issuance of an order.
---------------------------------------------------------------------------
    \28\The use of the term ``exigent circumstances'' in this provision 
is not intended to implicate in any way the use of that term in 
criminal procedure jurisprudence as an exception to the Fourth 
Amendment warrant requirement. See, e.g., U.S. v. Karo, 468 U.S. 705 
(1984); Warden v. Hayden, 387 U.S. 294 (1967); McDonald v. U.S., 335 
U.S. 451 (1948). Rather, section 702 defines its use of the term 
``exigent circumstances'' for purposes of targeting a foreign person 
reasonably believed to be located outside the United States as those 
circumstances that will result in the loss or failure to timely acquire 
intelligence important to the national security of the United States 
and time does not permit the issuance of an authorization under this 
section.
---------------------------------------------------------------------------
    The FAA strengthened protections for U.S. citizens by 
requiring the government to obtain an order from the FISC to 
target them outside the United States to acquire foreign 
intelligence information. Prior to 2008, targeting of U.S. 
persons outside the U.S. was governed by Executive Order 12333, 
which allowed the Attorney General to certify the targeting of 
U.S. persons overseas.
    The FAA expanded oversight by all three branches of 
government:
     LEvery 60 days, the Department of Justice and the 
Office of the Director of National Intelligence conduct on-site 
reviews of surveillance conducted pursuant to the FISA 
Amendments Act.
     LThe Attorney General and the DNI conduct detailed 
assessments of compliance with court-approved targeting and 
minimization procedures and provide these assessments to 
Congress twice a year.
     LA semi-annual report to Congress is required from 
the Administration on certifications or orders obtained under 
the FAA, compliance reviews, and incidents of noncompliance.
    The FAA amended an existing reporting requirement to 
require the Attorney General to submit to Congress a copy of 
any FISC order, opinion, or decision, and the accompanying 
pleadings, briefs, and other memoranda of law when the court's 
decision includes ``significant construction or interpretation 
of any provision'' of FISA. This expanded the amount of 
background and supporting material that the Committee could 
receive in connection with a significant decision by the FISC. 
Prior to enactment of the FISA Amendments Act in 2008, only 
``decisions and opinions'' containing significant construction 
or interpretation of FISA were required to be submitted to 
Congress.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
3361.

                        Committee Consideration

    On May 7, 2014, the Committee met in open session and 
ordered the bill H.R. 3361 favorably reported with an 
amendment, by a rollcall vote of 32 to 0, a quorum being 
present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 3361:
    1. An amendment by Mr. King to permit the government to 
contract with third parties for the retention of information. 
Defeated by a rollcall vote of 4 to 24.

                             ROLLCALL NO. 1
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................              X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................
Mr. Smith (TX).................................      X
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................
Mr. Chaffetz (UT)..............................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................              X
Ms. Farenthold (TX)............................              X
Mr. Holding (NC)...............................      X
Mr. Collins (GA)...............................              X
Mr. DeSantis (FL)..............................              X
Mr. Smith (MO).................................              X
[Vacant].......................................
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Mr. Scott (VA).................................              X
Ms. Lofgren (CA)...............................              X
Ms. Jackson Lee (TX)...........................              X
Mr. Cohen (TN).................................              X
Mr. Johnson (GA)...............................
Mr. Pierluisi (PR).............................              X
Ms. Chu (CA)...................................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................              X
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Ms. DelBene (WA)...............................              X
Mr. Garcia (FL)................................              X
Mr. Jeffries (NY)..............................              X
Mr. Cicilline (RI).............................              X
                                                ------------------------
    Total......................................      4      24
------------------------------------------------------------------------

    2. An amendment offered by Mr. Gohmert to amend Sections 
501 and 402 of title 50 and Section 2709 of title 18 to change 
``clandestine intelligence activities'' to `clandestine 
intelligence activities by foreign individuals, foreign 
entities or foreign governments.'' Passed by a rollcall vote of 
14 to 11. After the adoption of the Gohmert amendment, a motion 
to reconsider the vote on the amendment was agreed to, and the 
amendment was then defeated by voice vote.

                             ROLLCALL NO. 2
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................              X
Mr. Coble (NC).................................
Mr. Smith (TX).................................
Mr. Chabot (OH)................................              X
Mr. Bachus (AL)................................              X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................
Mr. Gohmert (TX)...............................      X
Mr. Jordan (OH)................................      X
Mr. Poe (TX)...................................      X
Mr. Chaffetz (UT)..............................
Mr. Marino (PA)................................              X
Mr. Gowdy (SC).................................
Mr. Labrador (ID)..............................      X
Ms. Farenthold (TX)............................      X
Mr. Holding (NC)...............................              X
Mr. Collins (GA)...............................
Mr. DeSantis (FL)..............................
Mr. Smith (MO).................................      X
[Vacant].......................................
 
Mr. Conyers, Jr. (MI), Ranking Member..........              X
Mr. Nadler (NY)................................              X
Mr. Scott (VA).................................              X
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................
Mr. Johnson (GA)...............................
Mr. Pierluisi (PR).............................      X
Ms. Chu (CA)...................................              X
Mr. Deutch (FL)................................              X
Mr. Gutierrez (IL).............................
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Ms. DelBene (WA)...............................              X
Mr. Garcia (FL)................................      X
Mr. Jeffries (NY)..............................      X
Mr. Cicilline (RI).............................      X
                                                ------------------------
    Total......................................     14      11
------------------------------------------------------------------------

    3. Motion to report H.R. 3361 favorably, as amended. Passed 
by a vote of 32 to 0.

                             ROLLCALL NO. 3
------------------------------------------------------------------------
                                                  Ayes    Nays   Present
------------------------------------------------------------------------
Mr. Goodlatte (VA), Chairman...................      X
Mr. Sensenbrenner, Jr. (WI)....................      X
Mr. Coble (NC).................................
Mr. Smith (TX).................................      X
Mr. Chabot (OH)................................      X
Mr. Bachus (AL)................................      X
Mr. Issa (CA)..................................
Mr. Forbes (VA)................................
Mr. King (IA)..................................      X
Mr. Franks (AZ)................................      X
Mr. Gohmert (TX)...............................
Mr. Jordan (OH)................................
Mr. Poe (TX)...................................      X
Mr. Chaffetz (UT)..............................      X
Mr. Marino (PA)................................      X
Mr. Gowdy (SC).................................      X
Mr. Labrador (ID)..............................      X
Ms. Farenthold (TX)............................      X
Mr. Holding (NC)...............................      X
Mr. Collins (GA)...............................      X
Mr. DeSantis (FL)..............................      X
Mr. Smith (MO).................................      X
[Vacant].......................................
 
Mr. Conyers, Jr. (MI), Ranking Member..........      X
Mr. Nadler (NY)................................      X
Mr. Scott (VA).................................      X
Ms. Lofgren (CA)...............................      X
Ms. Jackson Lee (TX)...........................      X
Mr. Cohen (TN).................................      X
Mr. Johnson (GA)...............................      X
Mr. Pierluisi (PR).............................      X
Ms. Chu (CA)...................................      X
Mr. Deutch (FL)................................      X
Mr. Gutierrez (IL).............................      X
Ms. Bass (CA)..................................
Mr. Richmond (LA)..............................
Ms. DelBene (WA)...............................      X
Mr. Garcia (FL)................................      X
Mr. Jeffries (NY)..............................      X
Mr. Cicilline (RI).............................      X
                                                ------------------------
    Total......................................     32       0
------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3361, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 14, 2014.
Hon. Bob Goodlatte, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3361, the ``USA 
FREEDOM Act.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jason 
Wheelock, who can be reached at 226-2840.
            Sincerely,
                                      Douglas W. Elmendorf,
                                                  Director.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member




                      H.R. 3361--USA FREEDOM Act.

      As ordered reported by the House Committee on the Judiciary 
                            on May 7, 2014.




    H.R. 3361 would make several amendments to investigative 
and surveillance authorities of the United States government, 
and would specify the conditions under which the Federal 
Government may conduct certain types of surveillance. CBO does 
not provide estimates for classified programs; therefore, this 
estimate addresses only the unclassified aspects of the bill. 
On that limited basis, CBO estimates implementing H.R. 3361 
would cost approximately $15 million over the 2015-2019 period, 
subject to the appropriation of the necessary amounts.
    Enacting H.R. 3361 also could affect direct spending and 
revenues; therefore, pay-as-you-go procedures apply. The bill 
could potentially result in additional criminal penalties 
because it would extend for 2 years the authority of the 
government to conduct surveillance in certain instances. Such 
penalties are recorded as revenues, deposited in the Crime 
Victims Fund, and later spent. However, CBO anticipates that 
any amounts collected would be minimal and the net impact would 
be insignificant.

                     EFFECTS ON THE FEDERAL BUDGET

    The bill would amend the Foreign Intelligence Surveillance 
Act (FISA). Those amendments would affect the operations of the 
Foreign Intelligence Surveillance Court (FISC) and the 
Judiciary. First, H.R. 3361 would permit the FISC to appoint an 
amicus curiae, or ``friend of the court,'' to assist the court 
when the government makes an application under FISA that 
presents a novel or significant interpretation of FISA. Second, 
the bill would limit collection of telephone call records, 
thereby requiring the intelligence agencies--acting through the 
Department of Justice--to seek additional warrants from the 
FISC to access such data. Finally, the bill would require an 
annual report by the Director of the Administrative Office of 
the U.S. Courts (AOUSC), providing data on certain types of 
FISA orders. Based on information from the AOUSC, CBO estimates 
that implementing those requirements would cost approximately 
$5 million over the 2015-2019 period, assuming appropriation of 
the necessary amounts.
    In addition, the bill would require Federal agencies to 
conduct several program assessments and reviews, and would 
establish new reporting requirements. Section 108 would require 
the Inspectors General of the Justice Department and the 
Intelligence Community to assess the effectiveness of the 
surveillance programs affected by the bill; section 402 would 
require the Attorney General to conduct declassification 
reviews of certain court decisions, orders, and opinions 
related to FISA. CBO estimates that fulfilling these and other 
reporting requirements in the bill would cost approximately $10 
million over the 2015-2019 period, assuming appropriation of 
the necessary amounts.

             INTERGOVERNMENTAL AND PRIVATE-SECTOR MANDATES

    The bill would impose two mandates, as defined in the 
Unfunded Mandates Reform Act (UMRA), on both private and 
governmental entities. First, the bill would expand liability 
protections and limit the ability of plaintiffs to sue in cases 
where a defendant provides information to the Federal 
Government pursuant to a FISA order. Second, it would require 
entities, when compelled to provide information about telephone 
calls to Federal officials, to protect the secrecy of the 
records and to minimize any disruption of services.
    CBO estimates that the costs of those mandates would be 
small. The change in expanded liability protection is a slight 
modification to current law, and CBO estimates that the 
elimination of any legal right of action for future plaintiffs 
would affect a limited number of potential lawsuits. 
Information from the Department of Justice indicates that 
public entities receive few requests for call records, and the 
cost to those entities of providing that information is 
negligible. In addition, since public and private entities 
already take action to protect private information in complying 
with requests from the Federal Government and such entities 
would be fully compensated by the government at the prevailing 
rate for the services they provide, the costs to those entities 
would be insignificant. Consequently, CBO estimates that the 
total costs of all mandates in the bill would fall well below 
the intergovernmental and private-sector thresholds established 
in UMRA ($76 million and $152 million in 2014, respectively, 
adjusted annually for inflation).

                         PREVIOUS CBO ESTIMATE

    On May 8, 2014, the House Permanent Select Committee on 
Intelligence ordered reported a similar version of H.R. 3361. 
CBO's cost estimates for both versions are the same.

                             STAFF CONTACTS

    The CBO staff contacts for this estimate are Jason Wheelock 
(for Federal costs), J'nell L. Blanco (for the 
intergovernmental effects), and Elizabeth Bass (for the 
private-sector effects). This estimate was approved by Theresa 
Gullo, Deputy Assistant Director for Budget Analysis.

                    Duplication of Federal Programs

    No provision of H.R. 3361 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    No provision of H.R. 3361 directs a specific rule making 
within the meaning of 5 U.S.C. Sec. 551.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
3361, the USA FREEDOM Act, reforms Section 215 of the USA 
PATRIOT Act (Section 501 of FISA), clarifies several other 
national security authorities, expands existing oversight 
provisions, and creates greater transparency of national 
security programs operated pursuant to FISA.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3361 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.

                 TITLE I--FISA BUSINESS RECORD REFORMS

    Sec. 101--Additional requirements for call detail records. 
On March 27, 2014, President Obama announced the need for 
legislation to reform the NSA's telephone metadata program.\29\ 
To that end, the Act preserves traditional operational 
capabilities exercised by the government to collect foreign 
intelligence information under Section 501 of FISA. In 
addition, the Act prohibits the bulk collection of any business 
records under Section 501. The Act also creates a new, 
narrowly-tailored mechanism that prevents bulk collection of 
telephone metadata by the government but also preserves the 
government's ability to search telephone metadata for possible 
connections between foreign powers or agents of foreign powers 
and others, as part of an authorized investigation to protect 
against international terrorism and with the additional 
safeguards proposed by the President.
---------------------------------------------------------------------------
    \29\Press Release, The White House, Office of the Press Secretary, 
Statement by the President on the Section 215 Bulk Metadata Program 
(Mar. 27, 204), available at http://www.whitehouse.gov/the-press-
office/2014/03/27/statement-president-section-215-bulk-metadata-
program.
---------------------------------------------------------------------------
    Under the Act, if the government can demonstrate a 
reasonable, articulable suspicion that a specific selection 
term is associated with a foreign power or an agent of a 
foreign power, the FISA court may issue an order for the 
production of call detail records created on or after the 
request for production and held by telephone companies in the 
normal course of business. The government may require the 
production of up to two ``hops''--i.e., the call detail records 
associated with the initial seed and the call detail records 
associated with the records returned in the initial ``hop.'' 
The prospective collection of call detail records (i.e., those 
created ``after'' the request for production) is limited to 180 
days.
    The Act defines ``call detail record'' to include ``session 
identifying information (including originating or terminating 
telephone number, International Mobile Subscriber Identity 
number, or International Mobile Station Equipment Identity 
number), a telephone calling card number, or the time or 
duration of a call.'' The Act explicitly excludes from that 
term the contents of any communication; the name, address, or 
financial information of a subscriber or customer; and cell 
site location information.
    The Act requires the entities involved in the production of 
call detail records to provide the government with technical 
assistance. The Act also requires the destruction of call 
detail records within 5 years of production, except for records 
that remain relevant to an ongoing counterterrorism 
investigation.
    The Act does not require any private entity to retain any 
record or information other than in the ordinary course of 
business. However, nothing in current law or this Act prohibits 
the government and telecommunications providers from agreeing 
voluntarily to retain records for periods longer than required 
for their business purposes.
    This new authority--designed to allow the government to 
search telephone metadata for possible connections to 
international terrorism--does not preclude the government's use 
of ``traditional'' business record orders under Section 501 to 
compel the production of business records, including call 
detail records.

    Sec. 102--Emergency authority. This section creates a new 
emergency authority in Section 215. The Attorney General may 
authorize the emergency production of tangible things, provided 
that such an application is presented to the court within 7 
days. If the court subsequently denies an emergency 
application, the government may not use any of the information 
obtained under the emergency authority except in instances of a 
threat of death or serious bodily harm.

    Sec. 103. Prohibition on Bulk Collection of Tangible 
Things. The Act requires that each application for the 
production of tangible things include ``a specific selection 
term to be used as the basis for the production.'' In so doing, 
the Act makes clear that the government may not engage in bulk 
collection under Section 501 of FISA.
    The Act defines ``specific selection term'' to mean ``a 
term used to uniquely describe a person, entity, or account.''
    This goes further than the President's plan in that it 
prohibits the bulk collection of all tangible things and not 
just telephone records. Section 501(b)(2)(A) of FISA will 
continue to require the government to make ``a statement of 
facts showing that there are reasonable grounds to believe that 
the tangible things sought are relevant to an authorized 
investigation. . . .''\30\ The USA Freedom Act requires the 
government to provide a specific selection term as the basis 
for the production of the tangible things sought, thus ensuring 
that the government cannot collect tangible things based on the 
assertion that the requested collection ``is thus relevant, 
because the success of [an] investigative tool depends on bulk 
collection.''\31\ These changes restore meaningful limits to 
the ``relevance'' requirement of Section 501.
---------------------------------------------------------------------------
    \30\50 U.S.C. Sec. 501(b)(2)(A).
    \31\Amended Memorandum Opinion, In re Application of the Federal 
Bureau of Investigation for an Order Requiring the Production of 
Tangible Things From [redacted], No. BR 13-09 (FISA Ct. Aug. 29, 2013), 
at 21 (citing Mem. of Law at 15, Docket No. BR 06-05).
---------------------------------------------------------------------------
    Although this Act eliminates bulk collection, the Act does 
not limit the government's use of Section 501 as it was 
designed, as a mechanism for intelligence agencies to obtain 
information, based on a statement of facts showing that there 
are reasonable grounds to believe that the tangible things 
sought are relevant to a national security investigation.

    Sec. 104--Judicial review of minimization procedures for 
the production of tangible things. This section provides that 
the court may evaluate the adequacy of minimization procedures 
under Section 215. Under current law, the court is only 
empowered to determine whether or not the government has 
minimization procedures in place.

    Sec. 105--Liability protection. This section provides 
liability protections to third parties who provide information, 
facilities, or technical assistance to the government in 
compliance with an order issued under Section 215. This 
provision mirrors the liability provisions in Titles I and VII 
of FISA.

    Sec. 106--Compensation for assistance. This section 
explicitly permits the government to compensate third parties 
for producing tangible things or providing information, 
facilities, or assistance in accordance with an order issue 
under Section 215. It is customary for the Government to enter 
into contractual agreements with third parties in order to 
compensate them for products and services provided to the 
Government.

    Sec. 107--Definitions. This section provides definitions 
for ``call detail records'' and ``specific selection term''.

    Sec. 108--Inspector general reports on business records 
orders. This section requires the Inspector General of the 
Department of Justice to conduct a comprehensive review of the 
use of Section 215 with respect to calendar years 2012 to 2014. 
It also requires the Inspector General of the Intelligence 
Community to assess the value and use of intelligence obtained 
under Section 215 over the same period.

    Sec. 109--Effective date. This section provides that the 
new telephone metadata program, the new Section 215 emergency 
authority, and the prohibition on bulk collection of tangible 
things under Section 215 take effect 180 days after enactment.

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

    Sec. 201--Prohibition on bulk collection. This section 
provides that the pen register and trap and trace device 
authority may not be used without a specific selection term as 
the basis for selecting the telephone line or other facility to 
which the pen register or trap and trace device is to be 
attached or applied.

    Sec. 202--Minimization procedures. This section requires 
that the government adopt procedures that are reasonably 
designed to minimize the retention and prohibit the 
dissemination of nonpublic information about United States 
persons. It also explicitly authorizes the court to assess 
compliance with these procedures while a pen register or trap 
and trace device is in use.

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

    Sec. 301. Restatement of Prohibition on Reverse Targeting. 
Section 702(b)(2) of FISA provides that the government ``may 
not intentionally target a person reasonably believed to be 
located outside the United States if the purpose of such 
acquisition is to target a particular, known person reasonably 
believed to be within the United States.''\32\ The Act 
clarifies this prohibition to state that the government ``may 
not intentionally target a person reasonably believed to be 
located outside the United States if a purpose of such 
acquisition is to target a particular, known person reasonably 
believed to be within the United States.''
---------------------------------------------------------------------------
    \32\50 U.S.C. Sec. 1881a(b)(2) (emphasis ours).
---------------------------------------------------------------------------
    This change is meant to simply clarify and restate 
Congress' original intent in enacting Section 702 of the FISA 
Amendments Act that this authority cannot be used as a pretext 
to target U.S. persons inside the United States.

    Sec. 302. Minimization Procedures. The Act codifies 
procedures already adopted by the government for the 
minimization of domestic communications. Specifically, the Act 
requires that the government minimize the acquisition, and 
prohibit the retention and dissemination, of any wholly 
domestic communication acquired by the government under Section 
702. The Act also prohibits the government from using 
communications to or from a United States person or a person 
who appears to be located in the United States, except where 
the communication relates to a target under Section 702 or to 
protect against an immediate threat to human life.

    Sec. 303--Limits on use of unlawfully obtained information. 
This section provides that the government may not use 
information acquired outside the scope of court-approved 
targeting and minimization procedures.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

    Sec. 401--Appointment of amicus curiae. This section 
provides that both the FISA court and the FISA Court of Review 
shall, if deemed appropriate, appoint an individual to serve as 
amicus curiae in a case involving a novel or significant 
interpretation of law. In addition, this section permits the 
court to appoint amicus curiae in any case.
    The presiding judges of the courts will designate five 
individuals who are eligible to serve as amicus curiae. These 
individuals shall possess expertise in privacy and civil 
liberties, intelligence collection, telecommunications, or any 
other area of law that may lend legal or technical expertise to 
the courts, and shall possess appropriate security clearances.

    Sec. 402--Declassification of decisions, orders, and 
opinions. This section requires the Attorney General to conduct 
a declassification review of each decision, order, or opinion 
of the FISA court that includes a significant construction or 
interpretation of law. In the interest of national security, 
the Attorney General may provide a summary of the decision 
rather than a declassified copy.

                TITLE V--NATIONAL SECURITY LETTER REFORM

    Sec. 501--Prohibition on bulk collection. This section 
prohibits the use of various national security letter 
authorities without the use of a specific selection term as the 
basis for the national security letter request.

         TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

    Sec. 601--Additional reporting on orders requiring 
production of business records. In addition to existing annual 
reporting requirements, this section requires the government to 
report on the number of requests made for call detail records 
under the new telephone metadata program.

    Sec. 602--Business records compliance reports to Congress. 
This section requires the government to provide to Congress any 
compliance reports related to the use of Section 215.

    Sec. 603--Annual report by the Director of the 
Administrative Office of the United States Courts on orders 
Entered. This section requires the Director of the 
Administrative Office of the United States Court to make an 
annual report on the number of orders issued under sections 
105, 304, 402, 501, 702, 703, and 704 of FISA, as well as the 
number of appointments of individuals to serve as amicus curiae 
to the FISA court.

    Sec. 604--Reporting requirements for decisions of the 
Foreign Intelligence Surveillance Court. This section requires 
the Attorney General to provide to the relevant committees, 
within 45 days of each decision, order, or opinion that 
includes a significant construction or interpretation, a copy 
of each such decision and a brief statement of the relevant 
background.

    Sec. 605--Submission of reports under FISA. This section 
includes the House Judiciary Committee in several existing 
reporting requirements.

                           TITLE VII--SUNSETS

    Sec. 701--USA PATRIOT Improvement and Reauthorization Act 
of 2005. This section aligns the sunset of the three sun-
setting provisions of the USA PATRIOT Act with the sunset of 
the FISA Amendment Act on December 31, 2017.

                              Agency Views




                               __________

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

             FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978

     Be it enacted by the Senate and House of Representatives 
of the United States of America in Congress assembled, That 
this Act may be cited as the ``Foreign Intelligence 
Surveillance Act of 1978''.

                            TABLE OF CONTENTS

     * * * * * * *

                    [TITLE VI--REPORTING REQUIREMENT]

                           TITLE VI--OVERSIGHT

     * * * * * * *
Sec. 602. Declassification of significant decisions, orders, and 
          opinions.
Sec. 603. Annual report on orders entered.
Sec. 604. Public reporting by persons subject to orders.

 TITLE I--ELECTRONIC SURVEILLANCE WITHIN THE UNITED STATES FOR FOREIGN 
INTELLIGENCE PURPOSES

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                         designation of judges

    Sec. 103. (a) * * *

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    (i) Amicus Curiae.--
            (1) Authorization.--A court established under 
        subsection (a) or (b), consistent with the requirement 
        of subsection (c) and any other statutory requirement 
        that the court act expeditiously or within a stated 
        time--
                    (A) shall appoint an individual to serve as 
                amicus curiae to assist such court in the 
                consideration of any application for an order 
                or review that, in the opinion of the court, 
                presents a novel or significant interpretation 
                of the law, unless the court issues a written 
                finding that such appointment is not 
                appropriate; and
                    (B) may appoint an individual to serve as 
                amicus curiae in any other instance as such 
                court deems appropriate.
            (2) Designation.--The presiding judges of the 
        courts established under subsections (a) and (b) shall 
        jointly designate not less than 5 individuals to be 
        eligible to serve as amicus curiae. Such individuals 
        shall be persons who possess expertise in privacy and 
        civil liberties, intelligence collection, 
        telecommunications, or any other area of law that may 
        lend legal or technical expertise to the courts and who 
        have been determined by appropriate executive branch 
        officials to be eligible for access to classified 
        information.
            (3) Duties.--An individual appointed to serve as 
        amicus curiae under paragraph (1) shall carry out the 
        duties assigned by the appointing court. Such court may 
        authorize the individual appointed to serve as amicus 
        curiae to review any application, certification, 
        petition, motion, or other submission that the court 
        determines is relevant to the duties assigned by the 
        court.
            (4) Notification.--The presiding judges of the 
        courts established under subsections (a) and (b) shall 
        notify the Attorney General of each exercise of the 
        authority to appoint an individual to serve as amicus 
        curiae under paragraph (1).
            (5) Assistance.--A court established under 
        subsection (a) or (b) may request and receive 
        (including on a non-reimbursable basis) the assistance 
        of the executive branch in the implementation of this 
        subsection.
            (6) Administration.--A court established under 
        subsection (a) or (b) may provide for the designation, 
        appointment, removal, training, or other support for an 
        individual appointed to serve as amicus curiae under 
        paragraph (1) in a manner that is not inconsistent with 
        this subsection.

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                        congressional oversight

    Sec. 108. (a)(1) On a semiannual basis the Attorney General 
shall fully inform [the House Permanent Select Committee on 
Intelligence and the Senate Select Committee on Intelligence, 
and the Committee on the Judiciary of the Senate,] 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 concerning all electronic surveillance under this 
title. Nothing in this title shall be deemed to limit the 
authority and responsibility of the appropriate committees of 
each House of Congress to obtain such information as they may 
need to carry out their respective functions and duties.

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   TITLE III--PHYSICAL SEARCHES WITHIN THE UNITED STATES FOR FOREIGN 
INTELLIGENCE PURPOSES

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                        congressional oversight

    Sec. 306. On a semiannual basis the Attorney General shall 
fully inform the [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,] 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 concerning all physical searches 
conducted pursuant to this title. On a semiannual basis the 
Attorney General shall also provide to those committees [and 
the Committee on the Judiciary of the House of Representatives] 
a report setting forth with respect to the preceding six-month 
period--
            (1) * * *

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    TITLE IV--PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
                         INTELLIGENCE PURPOSES

                              definitions

    Sec. 401. As used in this title:
            (1) * * *

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            (4) The term ``specific selection term'' has the 
        meaning given the term in section 501.
            (5) The term ``minimization procedures'' means--
                    (A) specific procedures that are reasonably 
                designed in light of the purpose and technique 
                of an order for the installation and use of a 
                pen register or trap and trace device to 
                minimize the retention and prohibit the 
                dissemination of nonpublicly available 
                information 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.

 pen registers and trap and trace devices for foreign intelligence and 
                 international terrorism investigations

    Sec. 402. (a) * * *

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    (c) Each application under this section shall require the 
approval of the Attorney General, or a designated attorney for 
the Government, and shall include--
            (1) the identity of the Federal officer seeking to 
        use the pen register or trap and trace device covered 
        by the application[; and];
            (2) a certification by the applicant that the 
        information likely to be obtained is foreign 
        intelligence information not concerning a United States 
        person or is relevant to an ongoing investigation to 
        protect against international terrorism or clandestine 
        intelligence activities, 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[.];
            (3) a specific selection term to be used as the 
        basis for selecting the telephone line or other 
        facility to which the pen register or trap and trace 
        device is to be attached or applied; and
            (4) a statement of proposed minimization 
        procedures.
    (d)(1) Upon an application made pursuant to this section, 
the judge shall enter an ex parte order as requested, or as 
modified, approving the installation and use of a pen register 
or trap and trace device if the judge finds that the 
application satisfies the requirements of this section and that 
the proposed minimization procedures meet the definition of 
minimization procedures under this title.
    (2) An order issued under this section--
            (A) * * *
            (B) shall direct that--
                    (i) * * *
                    (ii) such provider, landlord, custodian, or 
                other person--
                            (I) * * *
                            (II) shall maintain, under security 
                        procedures approved by the Attorney 
                        General and the Director of National 
                        Intelligence pursuant to section 
                        105(b)(2)(C) of this Act, any records 
                        concerning the pen register or trap and 
                        trace device or the aid furnished[; 
                        and];

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                    (iv) the minimization procedures be 
                followed; and

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    (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 retained or 
disseminated.

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                        congressional oversight

    Sec. 406. (a) * * *
    (b) On a semiannual basis, the Attorney General shall also 
provide to the committees referred to in subsection (a) and to 
the Committees on the Judiciary of the House of Representatives 
and the Senate a report setting forth with respect to the 
preceding 6-month period--
            (1) * * *
            (2) the total number of such orders either granted, 
        modified, or denied[; and];
            (3) the total number of pen registers and trap and 
        trace devices whose installation and use was authorized 
        by the Attorney General on an emergency basis under 
        section 403, and the total number of subsequent orders 
        approving or denying the installation and use of such 
        pen registers and trap and trace devices[.];
            (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; and
            (5) for each department or agency described in 
        paragraph (4), a breakdown of the numbers required by 
        paragraphs (1), (2), and (3).

 TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                                PURPOSES

SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                    AND INTERNATIONAL TERRORISM INVESTIGATIONS.

    (a) * * *
    (b) Each application under this section--
            (1) * * *
            (2) shall include--
                    (A) a specific selection term to be used as 
                the basis for the production of the tangible 
                things sought;
                    [(A) a statement] (B) in the case of an 
                application other than an application described 
                in subparagraph (C), a statement of facts 
                showing that there are reasonable grounds to 
                believe that the tangible things sought are 
                relevant to an authorized investigation (other 
                than a threat assessment) conducted in 
                accordance with subsection (a)(2) to obtain 
                foreign intelligence information not concerning 
                a United States person or to protect against 
                international terrorism or clandestine 
                intelligence activities, such things being 
                presumptively relevant to an authorized 
                investigation if the applicant shows in the 
                statement of the facts that they pertain to--
                            (i) * * *

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                            (iii) an individual in contact 
                        with, or known to, a suspected agent of 
                        a foreign power who is the subject of 
                        such authorized investigation[; and];
                    (C) in the case of an application for the 
                production of call detail records created on or 
                after the date of the application, a statement 
                of facts showing that--
                            (i) there are reasonable grounds to 
                        believe that the call detail records 
                        sought to be produced based on the 
                        specific selection term required under 
                        subparagraph (A) are relevant to an 
                        authorized investigation (other than a 
                        threat assessment) conducted in 
                        accordance with subsection (a)(2) to 
                        protect against international 
                        terrorism; and
                            (ii) there are facts giving rise to 
                        a reasonable, articulable suspicion 
                        that such specific selection term is 
                        associated with a foreign power or an 
                        agent of a foreign power; and
                    [(B)] (D) an enumeration of the 
                minimization procedures adopted by the Attorney 
                General under subsection (g) that are 
                applicable to the retention and dissemination 
                by the Federal Bureau of Investigation of any 
                tangible things to be made available to the 
                Federal Bureau of Investigation based on the 
                order requested in such application.
    (c)(1) Upon an application made pursuant to this section, 
if the judge finds that the application meets the requirements 
of subsections (a) and (b) and that the minimization procedures 
submitted in accordance with subsection (b)(2)(D) meet the 
definition of minimization procedures under subsection (g), the 
judge shall enter an ex parte order as requested, or as 
modified, approving the release of tangible things. Such order 
shall direct that minimization procedures adopted pursuant to 
subsection (g) be followed.
            (2) An order under this subsection--
                    (A) shall describe the tangible things that 
                are ordered to be produced with sufficient 
                particularity to permit them to be fairly 
                identified[;], including each specific 
                selection term to be used as the basis for the 
                production;

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                    (D) may only require the production of a 
                tangible thing if such thing can be obtained 
                with a subpoena duces tecum issued by a court 
                of the United States in aid of a grand jury 
                investigation or with any other order issued by 
                a court of the United States directing the 
                production of records or tangible things[; 
                and];
                    (E) shall not disclose that such order is 
                issued for purposes of an investigation 
                described in subsection (a)[.]; and
                    (F) in the case of an application described 
                in subsection (b)(2)(C), shall--
                            (i) authorize the production of 
                        call detail records for a period not to 
                        exceed 180 days;
                            (ii) provide that an order for such 
                        production may be extended upon 
                        application under subsection (b) and 
                        the judicial finding under paragraph 
                        (1);
                            (iii) provide that the Government 
                        may require the production of call 
                        detail records--
                                    (I) using the specific 
                                selection term that satisfies 
                                the standard required under 
                                subsection (b)(2)(C)(ii) as the 
                                basis for production; and
                                    (II) using the results of 
                                the production under subclause 
                                (I) as the basis for 
                                production;
                            (iv) direct each person the 
                        Government directs to produce call 
                        detail records under the order to 
                        furnish the Government forthwith all 
                        information, facilities, or technical 
                        assistance necessary to accomplish the 
                        production in such a manner as will 
                        protect the secrecy of the production 
                        and produce a minimum of interference 
                        with the services that such person is 
                        providing to each subject of the 
                        production; and
                            (v) direct the Government to 
                        destroy all call detail records 
                        produced under the order not later than 
                        5 years after the date of the 
                        production of such records, except for 
                        records that are relevant to an 
                        authorized investigation (other than a 
                        threat assessment) conducted in 
                        accordance with subsection (a)(2) to 
                        protect against international 
                        terrorism.
    (3) No order issued under this subsection may authorize the 
collection of tangible things without the use of a specific 
selection term that meets the requirements of subsection 
(b)(2).
    (d)(1) No person shall disclose to any other person that 
the Federal Bureau of Investigation has sought or obtained 
tangible things [pursuant to an order] pursuant to an order 
issued or an emergency production required under this section, 
other than to--
            (A) those persons to whom disclosure is necessary 
        to comply with [such order] such order or such 
        emergency production;
            (B) an attorney to obtain legal advice or 
        assistance with respect to the production of things in 
        response to [the order] the order or the emergency 
        production; or

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    (2)(A) A person to whom disclosure is made pursuant to 
paragraph (1) shall be subject to the nondisclosure 
requirements applicable to a person to whom [an order] an order 
or emergency production is directed under this section in the 
same manner as such person.
    (B) Any person who discloses to a person described in 
subparagraph (A), (B), or (C) of paragraph (1) that the Federal 
Bureau of Investigation has sought or obtained tangible things 
pursuant to [an order] an order or emergency production under 
this section shall notify such person of the nondisclosure 
requirements of this subsection.

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    [(e) A person who, in good faith, produces tangible things 
under an order pursuant to this section shall not be liable to 
any other person for such production. Such production shall not 
be deemed to constitute a waiver of any privilege in any other 
proceeding or context.]
    (e) No cause of action shall lie in any court against a 
person who produces tangible things or provides information, 
facilities, or technical assistance pursuant to an order issued 
or an emergency production required under this section. Such 
production shall not be deemed to constitute a waiver of any 
privilege in any other proceeding or context.

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    (i) Emergency Authority for Production of Tangible 
Things.--
            (1) Notwithstanding any other provision of this 
        section, the Attorney General may require the emergency 
        production of tangible things if the Attorney General--
                    (A) reasonably determines that an emergency 
                situation requires the production of tangible 
                things before an order authorizing such 
                production can with due diligence be obtained;
                    (B) reasonably determines that the factual 
                basis for the issuance of an order under this 
                section to approve such production of tangible 
                things exists;
                    (C) informs, either personally or through a 
                designee, a judge having jurisdiction under 
                this section at the time the Attorney General 
                requires the emergency production of tangible 
                things that the decision has been made to 
                employ the authority under this subsection; and
                    (D) makes an application in accordance with 
                this section to a judge having jurisdiction 
                under this section as soon as practicable, but 
                not later than 7 days after the Attorney 
                General requires the emergency production of 
                tangible things under this subsection.
            (2) If the Attorney General authorizes the 
        emergency production of tangible things under paragraph 
        (1), the Attorney General shall require that the 
        minimization procedures required by this section for 
        the issuance of a judicial order be followed.
            (3) In the absence of a judicial order approving 
        the production of tangible things under this 
        subsection, the production shall terminate when the 
        information sought is obtained, when the application 
        for the order is denied, or after the expiration of 7 
        days from the time the Attorney General begins 
        requiring the emergency production of such tangible 
        things, whichever is earliest.
            (4) A denial of the application made under this 
        subsection may be reviewed as provided in this section.
            (5) If such application for approval is denied, or 
        in any other case where the production of tangible 
        things is terminated and no order is issued approving 
        the production, no information obtained or evidence 
        derived from such production shall be received in 
        evidence or otherwise disclosed in any trial, hearing, 
        or other proceeding in or before any court, grand jury, 
        department, office, agency, regulatory body, 
        legislative committee, or other authority of the United 
        States, a State, or political subdivision thereof, and 
        no information concerning any United States person 
        acquired from such production shall subsequently be 
        used or disclosed in any other manner by Federal 
        officers or employees without the consent of such 
        person, except with the approval of the Attorney 
        General if the information indicates a threat of death 
        or serious bodily harm to any person.
            (6) The Attorney General shall assess compliance 
        with the requirements of paragraph (5).
    (j) Compensation.--The Government shall compensate, at the 
prevailing rate, a person for producing tangible things or 
providing information, facilities, or assistance in accordance 
with an order issued or an emergency production required under 
this section.
    (k) Definitions.--In this section:
            (1) Call detail record defined.--The term ``call 
        detail record''--
                    (A) means session identifying information 
                (including originating or terminating telephone 
                number, International Mobile Subscriber 
                Identity number, or International Mobile 
                Station Equipment Identity number), a telephone 
                calling card number, or the time or duration of 
                a call; and
                    (B) does not include--
                            (i) the contents of any 
                        communication (as defined in section 
                        2510(8) of title 18, United States 
                        Code);
                            (ii) the name, address, or 
                        financial information of a subscriber 
                        or customer; or
                            (iii) cell site location 
                        information.
            (2) Specific selection term.--The term ``specific 
        selection term'' means a term used to uniquely describe 
        a person, entity, or account.

SEC. 502. CONGRESSIONAL OVERSIGHT.

    (a) On an annual basis, the Attorney General shall fully 
inform the [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] 
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 concerning all requests for the 
production of tangible things under section 501.
    (b) In April of each year, the Attorney General shall 
submit to the House and Senate Committees on the Judiciary and 
the House Permanent Select Committee on Intelligence and the 
Senate Select Committee on Intelligence a report setting forth 
with respect to the preceding calendar year--
            (1) any compliance reviews conducted by the Federal 
        Government of the production of tangible things under 
        section 501;
            (2) the total number of applications described in 
        section 501(b)(2)(B) made for orders approving requests 
        for the production of tangible things;
            (3) the total number of such orders either granted, 
        modified, or denied;
            (4) the total number of applications described in 
        section 501(b)(2)(C) made for orders approving requests 
        for the production of call detail records;
            (5) the total number of such orders either granted, 
        modified, or denied;
            [(1)] (6) the total number of applications made for 
        orders approving requests for the production of 
        tangible things under section 501;
            [(2)] (7) the total number of such orders either 
        granted, modified, or denied; and
            [(3)] (8) the number of such orders either granted, 
        modified, or denied for the production of each of the 
        following:
                    (A) * * *

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              TITLE VI--[REPORTING REQUIREMENT] OVERSIGHT

SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.

    (a) Report.--On a semiannual basis, the Attorney General 
shall submit to the 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, in a manner 
consistent with the protection of the national security, a 
report setting forth with respect to the preceding 6-month 
period--
            (1) * * *

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            (4) a summary of significant legal interpretations 
        of this Act involving matters before the Foreign 
        Intelligence Surveillance Court or the Foreign 
        Intelligence Surveillance Court of Review, including 
        interpretations presented in applications or pleadings 
        filed with the Foreign Intelligence Surveillance Court 
        or the Foreign Intelligence Surveillance Court of 
        Review by the Department of Justice[; and];
            (5) copies of all decisions, orders, or opinions of 
        the Foreign Intelligence Surveillance Court or Foreign 
        Intelligence Surveillance Court of Review that include 
        significant construction or interpretation of the 
        provisions of this Act[.]; and
            (6) any compliance reviews conducted by the Federal 
        Government of electronic surveillance, physical 
        searches, the installation of pen register or trap and 
        trace devices, access to records, or acquisitions 
        conducted under this Act.

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    (c) Submissions to Congress.--The Attorney General shall 
submit to the committees of Congress referred to in subsection 
(a)--
            [(1) a copy of any decision, order, or opinion 
        issued by the Foreign Intelligence Surveillance Court 
        or the Foreign Intelligence Surveillance Court of 
        Review that includes significant construction or 
        interpretation of any provision of this Act, and any 
        pleadings, applications, or memoranda of law associated 
        with such decision, order, or opinion, not later than 
        45 days after such decision, order, or opinion is 
        issued; and]
            (1) not later than 45 days after the date on which 
        the Foreign Intelligence Surveillance Court or the 
        Foreign Intelligence Surveillance Court of Review 
        issues a decision, order, or opinion that includes a 
        significant construction or interpretation of any 
        provision of this Act or a denial of a request for an 
        order or a modification of a request for an order, or 
        results in a change of application of any provision of 
        this Act or a new application of any provision of this 
        Act--
                    (A) a copy of such decision, order, or 
                opinion and any pleadings, applications, or 
                memoranda of law associated with such decision, 
                order, or opinion; and
                    (B) with respect to such decision, order, 
                or opinion, a brief statement of the relevant 
                background factual information, questions of 
                law, legal analysis, and decision rendered; and

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

    (a) Declassification Required.--Subject to subsection (b), 
the Attorney General shall conduct a declassification review of 
each decision, order, or opinion issued by the Foreign 
Intelligence Surveillance Court or the Foreign Intelligence 
Surveillance Court of Review (as defined in section 601(e)) 
that includes a significant construction or interpretation of 
any provision of this Act and, consistent with that review, 
make publicly available to the greatest extent practicable each 
such decision, order, or opinion.
    (b) Redacted Form.--The Attorney General may satisfy the 
requirement under subsection (a) to make a decision, order, or 
opinion described in such subsection publicly available to the 
greatest extent practicable by making such decision, order, or 
opinion publicly available in redacted form.
    (c) National Security Waiver.--The Attorney General may 
waive the requirement to declassify and make publicly available 
a particular decision, order, or opinion under subsection (a) 
if the Attorney General--
            (1) determines that a waiver of such requirement is 
        necessary to protect the national security of the 
        United States or properly classified intelligence 
        sources or methods; and
            (2) makes publicly available an unclassified 
        summary of such decision, order, or opinion.

SEC. 603. ANNUAL REPORT ON ORDERS ENTERED.

    The Director of the Administrative Office of the United 
States Courts shall annually submit to the Permanent Select 
Committee on Intelligence and the Committee on the Judiciary of 
the House of Representatives and the Select Committee on 
Intelligence and the Committee on the Judiciary of the Senate 
and make publicly available on an Internet website--
            (1) the number of orders entered under each of 
        sections 105, 304, 402, 501, 702, 703, and 704;
            (2) the number of orders modified under each of 
        those sections;
            (3) the number of orders denied under each of those 
        sections; and
            (4) the number of appointments of an individual to 
        serve as amicus curiae under section 103, including the 
        name of each individual appointed to serve as amicus 
        curiae.

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

    (a) Reporting.--A person may semiannually publicly report 
the following information with respect to the preceding half 
year using one of the following structures:
            (1) A report that aggregates the number of orders 
        or directives the person was required to comply with in 
        the following separate categories:
                    (A) Criminal process, subject to no 
                restrictions.
                    (B) The number of national security letters 
                received, reported in bands of 1000 starting 
                with 0-999.
                    (C) The number of customer accounts 
                affected by national security letters, reported 
                in bands of 1000 starting with 0-999.
                    (D) The number of orders under this Act for 
                content, reported in bands of 1000 starting 
                with 0-999.
                    (E) With respect to content orders under 
                this Act, in bands of 1000 starting with 0-
                999--
                            (i) the number of customer accounts 
                        affected under orders under title I; 
                        and
                            (ii) the number of customer 
                        selectors targeted under orders under 
                        title VII.
                    (F) The number of orders under this Act for 
                non-content, reported in bands of 1000 starting 
                with 0-999.
                    (G) With respect to non-content orders 
                under this Act, in bands of 1000 starting with 
                0-999--
                            (i) the number of customer accounts 
                        affected under orders under--
                                    (I) title I;
                                    (II) title IV;
                                    (III) title V with respect 
                                to applications described in 
                                section 501(b)(2)(B); and
                                    (IV) title V with respect 
                                to applications described in 
                                section 501(b)(2)(C); and
                            (ii) the number of customer 
                        selectors targeted under orders under 
                        title VII.
            (2) A report that aggregates the number of orders 
        or directives the person was required to comply with in 
        the following separate categories:
                    (A) Criminal process, subject to no 
                restrictions.
                    (B) The total number of all national 
                security process received, including all 
                national security letters and orders under this 
                Act, reported as a single number in a band of 
                0-249 and thereafter in bands of 250.
                    (C) The total number of customer selectors 
                targeted under all national security process 
                received, including all national security 
                letters and orders under this Act, reported as 
                a single number in a band of 0-249 and 
                thereafter in bands of 250.
            (3) A report that aggregates the number of orders 
        or directives the person was required to comply with in 
        the following separate categories:
                    (A) Criminal process, subject to no 
                restrictions.
                    (B) The number of national security letters 
                received, reported in bands of 500 starting 
                with 0-499.
                    (C) The number of customer accounts 
                affected by national security letters, reported 
                in bands of 500 starting with 0-499.
                    (D) The number of orders under this Act for 
                content, reported in bands of 500 starting with 
                0-499.
                    (E) The number of customer selectors 
                targeted under such orders, in bands of 500 
                starting with 0-499.
                    (F) The number of orders under this Act for 
                non-content, reported in bands of 500 starting 
                with 0-499.
                    (G) The number of customer selectors 
                targeted under such orders, reported in bands 
                of 500 starting with 0-499.
    (b) National Security Letter Defined.--The term ``national 
security letter'' means any of the following provisions:
            (1) Section 2709 of title 18, United States Code.
            (2) Section 1114(a)(5)(A) of the Right to Financial 
        Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)).
            (3) Subsection (a) or (b) of section 626 of the 
        Fair Credit Reporting Act (15 U.S.C. 1681u(a), 
        1681u(b)).
            (4) Section 627(a) of the Fair Credit Reporting Act 
        (15 U.S.C. 1681v(a)).

TITLE VII--ADDITIONAL PROCEDURES REGARDING CERTAIN PERSONS OUTSIDE THE 
UNITED STATES

           *       *       *       *       *       *       *


SEC. 702. PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED 
                    STATES OTHER THAN UNITED STATES PERSONS.

    (a) * * *
    (b) Limitations.--An acquisition authorized under 
subsection (a)--
            (1) * * *
            (2) may not intentionally target a person 
        reasonably believed to be located outside the United 
        States if [the purpose] a purpose of such acquisition 
        is to target a particular, known person reasonably 
        believed to be in the United States;

           *       *       *       *       *       *       *

    (e) Minimization Procedures.--
            (1) Requirement to adopt.--The Attorney General, in 
        consultation with the Director of National 
        Intelligence, shall adopt minimization procedures [that 
        meet] that--
                    (A) meet the definition of minimization 
                procedures under section 101(h) or 301(4), as 
                appropriate, for acquisitions authorized under 
                subsection (a)[.]; and
                    (B) consistent with such definition, 
                minimize the acquisition, and prohibit the 
                retention and dissemination, of any 
                communication as to which the sender and all 
                intended recipients are determined to be 
                located in the United States and prohibit the 
                use of any discrete, non-target communication 
                that is determined to be to or from a United 
                States person or a person who appears to be 
                located in the United States, except to protect 
                against an immediate threat to human life.

           *       *       *       *       *       *       *

    (i) Judicial Review of Certifications and Procedures.--
            (1) * * *

           *       *       *       *       *       *       *

            (3) Orders.--
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) Limitation on use of information.--
                            (i) In general.--Except as provided 
                        in clause (ii), no information obtained 
                        or evidence derived from an acquisition 
                        pursuant to a certification or 
                        targeting or minimization procedures 
                        subject to an order under subparagraph 
                        (B) 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 
                        subparagraph (B), 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.

           *       *       *       *       *       *       *

                              ----------                              


        USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005



           *       *       *       *       *       *       *
TITLE I--USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

           *       *       *       *       *       *       *


SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS.

    (a) * * *
    (b) Sections 206 and 215 Sunset.--
            (1) In general.--Effective [June 1, 2015] December 
        31, 2017, the Foreign Intelligence Surveillance Act of 
        1978 is amended so that sections 501, 502, and 
        105(c)(2) read as they read on October 25, 2001.

           *       *       *       *       *       *       *


SEC. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN 
                    INTELLIGENCE PURPOSES.

    (a) * * *
    (b) Requirements.--The audit required under subsection (a) 
shall include--
            (1) an examination of each instance in which the 
        Attorney General, any other officer, employee, or agent 
        of the Department of Justice, the Director of the 
        Federal Bureau of Investigation, or a designee of the 
        Director, submitted an application to the Foreign 
        Intelligence Surveillance Court (as such term is 
        defined in section 301(3) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1821(3))) for an 
        order under section 501 of such Act during the calendar 
        years of 2002 through 2006 and calendar years 2012 
        through 2014, including--
                    (A) * * *

           *       *       *       *       *       *       *

            [(2) the justification for the failure of the 
        Attorney General to issue implementing procedures 
        governing requests for the production of tangible 
        things under such section in a timely fashion, 
        including whether such delay harmed national security;
            [(3) whether bureaucratic or procedural impediments 
        to the use of such requests for production prevent the 
        Federal Bureau of Investigation from taking full 
        advantage of the authorities provided under section 501 
        of such Act;]
            [(4)] (2) any noteworthy facts or circumstances 
        relating to orders under such section, including any 
        improper or illegal use of the authority provided under 
        such section; and
            [(5)] (3) an examination of the effectiveness of 
        such section as an investigative tool, including--
                    (A) * * *

           *       *       *       *       *       *       *

                    [(C) with respect to calendar year 2006, an 
                examination of the minimization procedures 
                adopted by the Attorney General under section 
                501(g) of such Act and whether such 
                minimization procedures protect the 
                constitutional rights of United States 
                persons;]
                    (C) with respect to calendar years 2012 
                through 2014, an examination of the 
                minimization procedures used in relation to 
                orders under section 501 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1861) and whether the minimization 
                procedures adequately protect the 
                constitutional rights of United States persons;
                    (D) whether, and how often, the Federal 
                Bureau of Investigation utilized information 
                acquired pursuant to an order under section 501 
                of such Act to produce an analytical 
                intelligence product for distribution within 
                the Federal Bureau of Investigation, to the 
                intelligence community [(as such term is 
                defined in section 3(4) of the National 
                Security Act of 1947 (50 U.S.C. 401a(4)))], or 
                to other Federal, State, local, or tribal 
                government Departments, agencies, or 
                instrumentalities; and

           *       *       *       *       *       *       *

    (c) Submission Dates.--
            (1) * * *

           *       *       *       *       *       *       *

            (3) Calendar years 2012 through 2014.-- Not later 
        than December 31, 2015, the Inspector General of the 
        Department of Justice shall submit to the Committee on 
        the Judiciary and the Select Committee on Intelligence 
        of the Senate and the Committee on the Judiciary and 
        the Permanent Select Committee on Intelligence of the 
        House of Representatives a report containing the 
        results of the audit conducted under subsection (a) for 
        calendar years 2012 through 2014.
    (d) Intelligence Assessment.--
            (1) In general.--For the period beginning on 
        January 1, 2012, and ending on December 31, 2014, the 
        Inspector General of the Intelligence Community shall 
        assess--
                    (A) the importance of the information 
                acquired under title V of the Foreign 
                Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1861 et seq.) to the activities of the 
                intelligence community;
                    (B) the manner in which that information 
                was collected, retained, analyzed, and 
                disseminated by the intelligence community;
                    (C) the minimization procedures used by 
                elements of the intelligence community under 
                such title and whether the minimization 
                procedures adequately protect the 
                constitutional rights of United States persons; 
                and
                    (D) any minimization procedures proposed by 
                an element of the intelligence community under 
                such title that were modified or denied by the 
                court established under section 103(a) of such 
                Act (50 U.S.C. 1803(a)).
            (2) Submission date for assessment.--Not later than 
        December 31, 2015, the Inspector General of the 
        Intelligence Community shall submit to the Committee on 
        the Judiciary and the Select Committee on Intelligence 
        of the Senate and the Committee on the Judiciary and 
        the Permanent Select Committee on Intelligence of the 
        House of Representatives a report containing the 
        results of the assessment for calendar years 2012 
        through 2014.
    [(d)] (e) Prior Notice to Attorney General and Director of 
National Intelligence; Comments.--
            (1) Notice.--Not less than 30 days before the 
        submission of [a report under subsection (c)(1) or 
        (c)(2)] any report under subsection (c) or (d), the 
        [Inspector General of the Department of Justice] 
        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 shall 
        provide such report to the Attorney General and the 
        Director of National Intelligence.
            (2) Comments.--The Attorney General or the Director 
        of National Intelligence may provide comments to be 
        included in [the reports submitted under subsections 
        (c)(1) and (c)(2)] any report submitted under 
        subsection (c) or (d) as the Attorney General or the 
        Director of National Intelligence may consider 
        necessary.
    [(e)] (f) Unclassified Form.--[The reports submitted under 
subsections (c)(1) and (c)(2)] Each report submitted under 
subsection (c) and any comments included under [subsection 
(d)(2)] subsection (e)(2) shall be in unclassified form, but 
may include a classified annex.
    (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 18, UNITED STATES CODE

PART I--CRIMES

           *       *       *       *       *       *       *


      CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND 
TRANSACTIONAL RECORDS ACCESS

           *       *       *       *       *       *       *


Sec. 2709. Counterintelligence access to telephone toll and 
                    transactional records

    (a) * * *
    (b) Required Certification.--The Director of the Federal 
Bureau of Investigation, or his designee in a position not 
lower than Deputy Assistant Director at Bureau headquarters or 
a Special Agent in Charge in a Bureau field office designated 
by the Director, [may] may, using a specific selection term as 
the basis for a request--
            (1) * * *

           *       *       *       *       *       *       *

    (g) Specific Selection Term Defined.--In this section, the 
term ``specific selection term'' has the meaning given the term 
in section 501 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861).

           *       *       *       *       *       *       *

                              ----------                              


                 RIGHT TO FINANCIAL PRIVACY ACT OF 1978



           *       *       *       *       *       *       *
TITLE XI--RIGHT TO FINANCIAL PRIVACY

           *       *       *       *       *       *       *


                           special procedures

    Sec. 1114. (a)(1) * * *
    (2) In the instances specified in paragraph (1), the 
Government authority shall submit to the financial institution 
the certificate required in section 1103(b) signed by a 
supervisory official of a rank designated by the head of the 
Government authority[.] and a specific selection term to be 
used as the basis for the production and disclosure of 
financial records.

           *       *       *       *       *       *       *

    (e) In this section, the term ``specific selection term'' 
has the meaning given the term in section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861).
                              ----------                              


                       FAIR CREDIT REPORTING ACT



           *       *       *       *       *       *       *
TITLE VI--CONSUMER CREDIT REPORTING

           *       *       *       *       *       *       *


Sec. 626. Disclosures to FBI for counterintelligence purposes

    (a) Identity of Financial Institutions.--Notwithstanding 
section 604 or any other provision of this title, a consumer 
reporting agency shall furnish to the Federal Bureau of 
Investigation the names and addresses of all financial 
institutions (as that term is defined in section 1101 of the 
Right to Financial Privacy Act of 1978) at which a consumer 
maintains or has maintained an account, to the extent that 
information is in the files of the agency, when presented with 
a written request for [that information,] that information that 
includes a specific selection term to be used as the basis for 
the production of that information, signed by the Director of 
the Federal Bureau of Investigation, or the Director's designee 
in a position not lower than Deputy Assistant Director at 
Bureau headquarters or a Special Agent in Charge of a Bureau 
field office designated by the Director, which certifies 
compliance with this section. The Director or the Director's 
designee may make such a certification only if the Director or 
the Director's designee has determined in writing, that such 
information is sought for the conduct of an authorized 
investigation to protect against international terrorism or 
clandestine intelligence activities, provided that such an 
investigation of a United States person is not conducted solely 
upon the basis of activities protected by the first amendment 
to the Constitution of the United States.

           *       *       *       *       *       *       *

    (n) Specific Selection Term Defined.--In this section, the 
term ``specific selection term'' has the meaning given the term 
in section 501 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861).

Sec. 627. Disclosures to governmental agencies for counterterrorism 
                    purposes

    (a) Disclosure.--Notwithstanding section 604 or any other 
provision of this title, a consumer reporting agency shall 
furnish a consumer report of a consumer and all other 
information in a consumer's file to a government agency 
authorized to conduct investigations of, or intelligence or 
counterintelligence activities or analysis related to, 
international terrorism when presented with a written 
certification by such government agency that such information 
is necessary for the agency's conduct or such investigation, 
activity or [analysis.] analysis and a specific selection term 
to be used as the basis for the production of such information.

           *       *       *       *       *       *       *

    (g) Specific Selection Term Defined.--In this section, the 
term ``specific selection term'' has the meaning given the term 
in section 501 of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1861).

           *       *       *       *       *       *       *

                              ----------                              


        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004



           *       *       *       *       *       *       *
                     TITLE VI--TERRORISM PREVENTION

     Subtitle A--Individual Terrorists as Agents of Foreign Powers

SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.

    (a) * * *
    (b) Sunset.--
            (1) In general.--Except as provided in paragraph 
        (2), the amendment made by subsection (a) shall cease 
        to have effect on [June 1, 2015] December 31, 2017.

           *       *       *       *       *       *       *

                            Additional Views

    The USA FREEDOM Act as reported by the Judiciary Committee 
is a step in the right direction in protecting Americans' right 
to privacy, but falls short of what Congress should do to 
protect the Fourth Amendment rights of Americans. The bill as 
introduced provided important substantive reforms that not only 
ended bulk data collection under section 215, but also fixed a 
loophole in section 702 that allowed intelligence agencies to 
search communications of Americans without a warrant.
    Unfortunately, the reforms offered by the USA FREEDOM Act 
were scaled back by a Manager's amendment that was a result of 
negotiations between the Judiciary and the Intelligence 
Committees. While I recognize the value of reaching compromise 
that advances respect for the Constitution by American 
Intelligence agencies, I believe the Act as reported has a 
number of deficiencies that may be improved by further 
amendments.
    I offered five amendments during the mark-up of this bill. 
One was withdrawn with a promise by the Chairman to further 
examine what I perceived as a drafting error, the rest were all 
defeated by voice vote.
    One of the most important amendments I offered would have 
closed the loophole found in section 702 of The Foreign 
Intelligence Surveillance Act (FISA).\1\ The NSA has admitted 
to using this loophole,\2\ which is inconsistent with the rest 
of Title VII that requires probable cause when dealing with 
U.S. persons' communications. FISA was originally enacted in 
response to unchecked spying by Federal intelligence agencies 
on U.S. citizens for political purposes.\3\ It is ironic that a 
law designed to prevent inappropriate domestic spying is today 
susceptible to this kind of abuse. My amendment required that a 
warrant be obtained to search the database for communications 
of U.S. persons collected under section 702. This provision was 
included in the USA FREEDOM Act as originally introduced. 
During markup it was suggested that the minimization procedures 
in this act make the need for Fourth Amendment protection of 
Americans unnecessary. I believe this assertion to be 
incorrect, and that the Fourth Amendment rights of Americans 
need the protection that the probable cause standard would 
provide. Moreover, minimization standards do not prevent the 
search and collection of the information in the first place.
---------------------------------------------------------------------------
    \1\50 USC Sec. 1181a.
    \2\Director James Clapper's March 28, 2014 letter to Senator Ron 
Wyden.
    \3\Mitra Ebadolahi, Warrantless Wiretapping Under the FISA 
Amendments Act, ABA Human Rights Magazine Vol. 39 No. 3.
---------------------------------------------------------------------------
    I also offered an amendment to require a probable cause 
warrant before obtaining data of Americans under Section 215. 
During the markup debate it was stated that to date no court 
has given content held by third parties Fourth Amendment 
protection. It is correct that the majority of courts have not 
recognized a Fourth Amendment right to privacy for information 
held by third parties but at least one has.
    The Sixth Circuit Court of Appeals ruled in 2010 that 
warrantless email searches violate the Fourth Amendment.\4\ The 
court found that ``government agents violated [defendant's] 
Fourth Amendment rights by compelling [defendant's ISP] to turn 
over the emails without first obtaining a warrant based on 
probable cause.''\5\
---------------------------------------------------------------------------
    \4\United States v. Warshak, 631 F.3d 266.
    \5\Id. at 274.
---------------------------------------------------------------------------
    Additionally, albeit in the context of a claim of marital 
privilege, rather than a Fourth Amendment claim, the Fourth 
Circuit endorsed the notion of a reasonable expectation of 
privacy in email, stating: ``[E]mails today, `in common 
experience,' are confidential.''\6\ It is long established 
Supreme Court precedent that ``a Fourth Amendment search occurs 
when the government violates a subjective expectation of 
privacy that society recognizes as reasonable.''\7\ The trend 
of what society deems as a reasonable expectation of privacy is 
clear.
---------------------------------------------------------------------------
    \6\United States v. Hamilton, 701 F.3d 404 (Fourth Cir. 2012) at 
408 (citation omitted)
    \7\Kyllo v. United States, 533 U. S. 27, 33 (emphasis added)
---------------------------------------------------------------------------
    It was Justice Brandeis' dissent in the seminal case of 
Olmstead v. U.S. that formed the foundation of how to think 
about privacy and the Fourth Amendment in the modern era. In 
it, he tried to craft a general right to privacy based on an 
integration of the principles of the Fourth and Fifth 
Amendments.\8\ He argued that ``the progress of science in 
furnishing the Government with means of espionage is not likely 
to stop with wire-tapping. Ways may someday be developed by 
which the government, without removing papers from secret 
drawers, can reproduce them in court, and by which it will be 
enabled to expose to a jury the most intimate occurrences of 
the home. Advances in the psychic and related sciences may 
bring means of exploring unexpressed beliefs, thoughts and 
emotions.''\9\
---------------------------------------------------------------------------
    \8\Olmstead v. United States, 277 U.S. 438, 471 (1928) JUSTICE 
BRANDEIS, dissenting.
    \9\Id. at 474
---------------------------------------------------------------------------
    He could not have written more prophetically. The 
government may now reproduce documents ``without removing 
papers from secret drawers''\10\ through the technological 
mechanism of cloud storage. The analysis of metadata and other 
data collected in bulk has brought ``means of exploring 
unexpressed beliefs.''\11\ Brandeis recognized that the Fourth 
Amendment was crafted in a particular moment in history, very 
different from the technologically sophisticated era in which 
we live. However the Fourth Amendment guarantees security in 
our persons, papers and effects. This security is deeply 
undermined when old doctrines are reflexively imported into a 
technological context that the founders could never have 
anticipated.
---------------------------------------------------------------------------
    \10\Id.
    \11\Id.
---------------------------------------------------------------------------
    More recently, in his decision in Kyllo v. United States, 
Justice Antonin Scalia recognized the need for the law to adapt 
to preserve traditional expectations of privacy from 
technological advances in a ruling that found that a thermal 
imaging device that measured heat emanating from a house 
constituted a search.\12\
---------------------------------------------------------------------------
    \12\Kyllo v. United States, 533 U.S. 27, 40 (2001)
---------------------------------------------------------------------------
    In order to take up Justice Brandeis' challenge to preserve 
the right to privacy as technology develops we must acknowledge 
that this right does not fit neatly into one silo in the 
digital world. Information that generally has no Fourth 
Amendment protection as a consequence of the doctrine that 
there is a lack of privacy expectations in records held by a 
third party may still intuitively fall within what Americans 
consider the private realm. In order to preserve any private 
realm in modern society, we must rethink the level of 
protection afforded to business records, and the expectation of 
privacy regarding information held by third parties.
    The amendment I offered would have ensured that the private 
information contained in business records and communications 
metadata required a showing of probable cause before being 
obtained. Section 215 of the Patriot Act allows for the 
collection of business records and phone metadata if there are 
reasonable grounds to believe that the information being sought 
is relevant to an authorized investigation. While the USA 
FREEDOM Act as amended does take steps to prevent the bulk 
collection of business records under section 215, it leaves the 
current standard of ``reasonable grounds'' untouched for 
everything but telephone metadata, which uses the modestly 
higher standard of ``reasonable articulable suspicion.''
    In his testimony before the Senate Judiciary Committee, 
Princeton Computer Science professor Edward Felten said: 
``Metadata can now yield startling insights about individuals 
and groups, particularly when collected in large quantities 
across the population. It is no longer safe to assume that this 
'summary' or 'non-content' information is less revealing or 
less sensitive than the content it describes . . .''\13\ and 
``. . . newfound data storage capacity has led to new ways of 
exploiting the digital record. Sophisticated computing tools 
permit the analysis of large datasets to identify embedded 
patterns and relationships, including personal details, habits 
and behavior.''\14\
---------------------------------------------------------------------------
    \13\Written Testimony of Edward W. Felten Professor of Computer 
Science and Public Affairs, Princeton University United States Senate, 
Committee on the Judiciary Hearing on Continued Oversight of the 
Foreign Intelligence Surveillance Act October 2, 2013, at 1.
    \14\Id. At 5.
---------------------------------------------------------------------------
    Professor Felten went on to explain that ``although the 
metadata might, on first impression seem to be little more than 
'information concerning the numbers dialed' analysis of 
telephony metadata often reveals information that could 
traditionally, only be obtained by examining the content of 
communications. [That is], Metadata is often a proxy for 
content.''\15\
---------------------------------------------------------------------------
    \15\Id. At 8
---------------------------------------------------------------------------
    Indeed, former NSA general counsel Stewart Baker stated 
``Metadata absolutely tells you everything about somebody's 
life. If you have enough metadata, you don't really need 
content . . .''\16\
---------------------------------------------------------------------------
    \16\Alan Rudsbridger, The Snowden Leaks and the Public, The New 
York Review of Books, Nov. 21, 2013 quoting Steward Baker.
---------------------------------------------------------------------------
    That this is the case is clear when we consider the kinds 
and amount of information collected in the ordinary course of 
business today. In the age of big data, mobile computing and 
the ``internet of things,'' your cell phone knows everywhere 
you go, search engines know your deepest thoughts and most 
embarrassing questions, online advertisers know everywhere you 
go, and thanks to the advances in cheap storage and computing 
power that underlie the big data revolution all of this 
information can be processed, indexed, and combined with other 
sources of mass data to tell you more about a person than they 
know about themselves.
    Entire companies are built today on the premise that they 
can know what you want before you do. This trend will only 
increase as technology becomes more and more sophisticated and 
processors and wireless internet connections are added to our 
thermostats, our refrigerators, even our door locks. It is for 
this reason that a real discussion about requiring probable 
cause to obtain business records needs to take place.
    However, it is important that discussions about privacy 
protections that should be offered to third party held data 
also consider how it's stored and where. It's long been 
accepted that the Constitution governs the United States, not 
the rest of the world. Where one would need a warrant to search 
a place within the physical borders of the United States, a 
warrant is not required--or even available to apply for or to 
receive--to search outside of the physical boundaries of the 
United States.
    But does that doctrine still make sense? If the servers of 
Internet providers are scattered across the globe, and the 
private data of Americans held within them, can it be argued 
that the mere location of the servers that make up the 
``cloud'' are the defining element of how American privacy is 
to be protected? If the American government could legally 
vacuum up the emails, address books and stored communications 
of Americans because the data was accessible in Europe or Asia 
instead of North Dakota or Utah, does that make a difference in 
reality as compared to law? As the Court in Katz said ``the 
Fourth Amendment protects people, not places.''\17\
---------------------------------------------------------------------------
    \17\Katz at 351.
---------------------------------------------------------------------------
    I also offered two amendments that sought to restrict how 
communications were targeted and under what subject matter 
using section 702 authority was appropriate. Congress and our 
country has been told repeatedly that surveillance is being 
deployed to prevent terrorists from harming our country. 
However, in a process sanctioned by the FISA Courts, the NSA 
currently sweeps up not only communications to or from an 
intelligence target, but also all communications ``about'' the 
target. False positives and intentional uses of vague ``about'' 
criteria can create the opportunity for the massive collection 
of U.S. persons' communications. My amendment would prevent 
this by limiting the collection communications to only when one 
of the parties to that communication is the target of an 
authorized investigation.
    The subject matter jurisdiction that gives rise to 
surveillance activity under the act is ``foreign intelligence 
information,'' which includes ``foreign policy,'' not 
terrorism. I offered an amendment that removed ``foreign 
policy'' from the definition of ``foreign intelligence 
information'' to clarify that 702 in particular is only for 
counterterrorism, proliferation of WMDs, or to protect armed 
forces. Absent this clarification, the diminution of freedom 
represented by the Foreign Intelligence Surveillance Act may be 
used not just to protect against terrorists or to advance 
military interests, but simply to advance goals related to 
foreign policy, including trade and related endeavors. That is 
not the bargain struck by the American people to protect their 
safety, and calls out for a tighter definition.
    The last amendment I offered clarified what I hope was a 
drafting error in the Manager's Amendment. The Manager's 
Amendment states that telephone metadata did not include the 
content of calls. An ambiguity may have been created as to 
whether business records under section 215 could include the 
content of other communications since a similar prohibition is 
not directed toward those records. Is it the Committee's intent 
that content generated by Americans held by third parties as 
business records--other than telephonic metadata--be available 
under the low evidentiary standards of Section 215? If not, a 
clarification on this point would be helpful. I withdrew this 
amendment with the assurance of the Chairman of the committee 
that this potential clerical error would be further examined.
    Finally, as legislators we can do our best to enact clear 
restrictions on obtaining Americans' private data, but without 
transparency it is difficult to know whether those restrictions 
are ultimately effective. An amendment offered by Rep. Delbene 
fixed a defect in the Manager's Amendment and will allow 
recipients of surveillance orders to issue reports regarding 
the number of orders received and user accounts affected by 
those orders. However, Members on both sides of the aisle, 
including Rep. Delbenne agreed that even more accurate 
reporting would improve the amendment adopted during mark up. 
The USA FREEDOM Act provided for reporting in ``bands'' of 100 
and incorporated my bill, the Surveillance Order Reporting Act, 
which outlined the more precise reporting opportunities. These 
narrower bands should be included in this measure as the bill 
moves forward in the legislative process. More accurate 
reporting would allow businesses who receive surveillance 
orders to serve as our ``canary in the coal mine,'' so that it 
does not take another historic national security data breach to 
learn that intelligence agencies are violating the privacy of 
our citizens.
    I support the improvements to the status quo offered by the 
USA FREEDOM Act as amended, but I believe that our obligation 
to support the Fourth Amendment should lead us to do more. The 
USA FREEDOM Act should be just the beginning of this 
discussion, rather than its conclusion. I hope to have the 
opportunity to offer amendments not adopted by the Judiciary 
Committee when the full House considers this matter.
                                   Zoe Lofgren.

                                 
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