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


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

=======================================================================
 
                            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. Rogers of Michigan, from the Permanent Select Committee on 
                 Intelligence, submitted the following

                              R E P O R T

                        [To accompany H.R. 3361]

      [Including cost estimate of the Congressional Budget Office]

    The Permanent Select Committee on Intelligence, 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, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
    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

    The purpose of H.R. 3361 is to modernize the Foreign 
Intelligence Surveillance Act of 1978 (FISA) and other national 
security authorities to address public misperceptions of 
intelligence activities.

                  Background and Need for Legislation

    Until last year, the existence of a program to collect bulk 
telephone call detail records, also known as telephone 
metadata, under Section 215 of the USA PATRIOT Act was highly 
classified. The classified nature of the program stemmed from 
the simple fact that if our adversaries knew of the program and 
its capabilities, they would change their communications 
patterns so as to evade surveillance. The Committee has been 
aware of the bulk telephone metadata program since its 
inception and reauthorized Section 215 in 2005, 2006, 2010, and 
2011 because the program was a lawful and effective 
counterterrorism tool. If the program had been in place in 
2001, the U.S. government potentially could have connected 
phone calls from an al Qaeda safe house in Yemen to Khalid al-
Mihdhar, one of the September 11th hijackers inside the U.S.\1\ 
In the words of former FBI director Robert Mueller, finding 
Mihdhar ``could have derailed the plan'' and prevented the 
attacks.\2\ Since 2001, the program has helped prevent imminent 
attacks and quickly discover terrorist networks--or, equally as 
critical, confirm their absence--inside the U.S. We are all 
safer because the bulk telephone metadata program gives the 
government the ability to identify and track terrorist threats 
with speed and agility.
---------------------------------------------------------------------------
    \1\See ACLU v. Clapper, 959 F. Supp. 2d 724, 729 (S.D.N.Y. 2013) 
(citing The 9/11 Commission Report: The Final Report of the National 
Commission on Terrorist Attacks Upon the United States (2004)).
    \2\Oversight of the Federal Bureau of Investigation: Hearing Before 
the H. Comm. on the Judiciary, 113th Cong. 26 (2013) (statement of 
Robert Mueller, Director, Federal Bureau of Investigation).
---------------------------------------------------------------------------
    Not only is the program effective, it is legal. Two 
presidential administrations of different parties and seventeen 
federal judges shared the Committee's view of the program's 
legality. There has not been a single case in which a 
government official engaged in a willful effort to circumvent 
or violate the restrictions on the use of telephone metadata. 
To the contrary, the Committee's oversight has continuously 
revealed a strong culture of compliance and lawfulness among 
the men and women of the National Security Agency (NSA).
    However, following the unprecedented and unquantifiably 
damaging unauthorized disclosures of classified information, 
the Director of National Intelligence declassified many aspects 
of the bulk telephone metadata program. The unauthorized 
disclosure of this program and others caused incalculable 
damage to U.S. national security, much of which may not become 
apparent for years. Even so, the disclosures have caused public 
concern about the program, notwithstanding the care 
demonstrated by the NSA to abide by the law and to protect the 
constitutional rights of U.S. persons. This public concern led 
the Committee to consider ways to end the bulk collection of 
telephone metadata and enhance privacy and civil liberties 
while preserving as much of the operational effectiveness and 
flexibility of the program as possible.
    The Committee's decision to end the bulk collection of 
telephone metadata does not extend to any other intelligence 
programs currently conducted under FISA, including access to 
business records through Section 215 for foreign intelligence, 
counterterrorism, and counterintelligence purposes, and the 
targeting of persons outside the United States under Section 
702. The Committee remains of the view that these other forms 
of collection are effective, lawful, and subject to vigorous 
oversight and review by the Intelligence Community, the 
Department of Justice, Congress, and the courts.

                       Scope of Committee Review

    The Committee systematically reviews programs conducted 
under FISA on a ongoing basis through hearings, member 
briefings, and staff briefings to ensure that the Intelligence 
Community aggressively pursues foreign intelligence targets 
while respecting Americans' privacy and civil liberties.
    In the 113th Congress, the Committee conducted 12 closed 
hearings and member briefings concerning FISA. Additionally, 
the Committee held open hearings on potential changes to FISA 
on June 18, 2013, and October 29, 2013.

                     Committee Statement and Views


Ban on bulk collection

    This bill first bans the bulk collection of tangible things 
under Section 215 of the USA PATRIOT Act. This ban is intended 
to stop the use of Section 215 to acquire bulk call detail 
records and to prohibit any future attempt to acquire bulk 
electronic communications records. The Committee recognizes 
that ``bulk'' collection means indiscriminate acquisition. It 
does not mean the acquisition of a large number of 
communications records or other tangible things--it would be 
nonsensical and dangerous for our intelligence agencies' 
collection authorities to contract as the number of our 
adversaries expands.
    Second, this bill contains amendments to other collection 
authorities, including Section 402 of FISA and National 
Security Letter authorities. These amendments respond to 
concerns that those existing authorities could somehow contain 
a ``loophole'' that would permit the reconstitution of a bulk 
telephone records program. The Committee does not intend these 
prophylactic amendments to affect any programs currently 
authorized by Section 402 or the use of National Security 
Letters.
    This bill also makes technical amendments in Title III that 
are not designed to have a substantive impact on currently 
authorized intelligence activities conducted under Section 702 
of FISA. Rather, the bill restates the existing prohibition on 
reverse targeting of U.S. persons through Section 702, codifies 
two portions of existing minimization procedures for certain 
types of communications acquired through Section 702, and 
prohibits the use in court of communications obtained through 
deficient Section 702 acquisitions. None of these changes are 
intended to alter activities currently conducted under Section 
702. Rather, the changes are intended to provide statutory 
clarity about the scope of Section 702 and how it is and is not 
being used.

Targeted call detail records collection

    Notwithstanding the effectiveness and legality of the bulk 
telephone metadata program, this bill creates a mechanism for a 
more-targeted authority for the prospective collection of call 
detail records for counterterrorism purposes. The government 
can continue to obtain specified historical call detail records 
through the existing Section 215 authority. Even so, the bill 
creates a new mechanism for obtaining prospective records on a 
continuing basis for up to 180 days when there are reasonable 
grounds to believe the call detail records are relevant to an 
authorized investigation to protect against international 
terrorism and there is a reasonable and articulable suspicion 
the records are associated with a foreign power or the agent of 
a foreign power. The new authority would allow the government 
to obtain two ``hops'' of call detail records, based on the 
reasonable and articulable suspicion determination made for the 
initial seed query.\3\
---------------------------------------------------------------------------
    \3\The Committee understands that ``[t]he first `hop' from a seed 
returns results including all identifiers (and their associated 
metadata) with a contact and/or connection with the seed. The second 
``hop'' returns results that include all identifiers (and their 
associated metadata) with a contact and/or connection with an 
identifier revealed by the first `hop.''' In re Application of the FBI 
for an Order Requiring the Production of Tangible Things, BR 14-01, at 
1-2 n.1 (FISC Feb. 5, 2014).
---------------------------------------------------------------------------
    The bill also includes an emergency authority that allows 
the government to obtain records directly from 
telecommunications companies when a pressing threat does not 
leave enough time to seek judicial approval. The Committee 
intends this emergency authority to provide the flexibility 
necessary to protect the country from threats when judicial 
preapproval would result in data being lost or not acquired in 
enough time to be useful.
    The Committee does not intend these changes to affect any 
current uses of Section 215 outside of the bulk telephone 
metadata program, including the use of Section 215 to obtain 
call detail records related to foreign intelligence information 
not concerning a U.S. person or call detail records related to 
clandestine intelligence activities.
    Although the Committee believes the authority created by 
this bill will continue to have operational utility, the 
Intelligence Community will not have the same capability as it 
did under the existing bulk telephone metadata collection 
program. Speed and agility will be diminished, but a majority 
of our peers have determined that risk is acceptable in order 
to protect against perceived privacy violations.

FISA transparency provisions

    This bill also provides greater transparency for several 
FISA authorities while attempting not to compromise sensitive 
sources and methods of intelligence operations. Specifically, 
the bill requires the Director of National Intelligence and the 
Attorney General to declassify all significant opinions of the 
Foreign Intelligence Surveillance Court or, if national 
security prevents the declassification of the opinion even in 
redacted form, to publish an unclassified summary of the 
opinion. The bill also reinforces the court's existing 
discretionary authority to appoint an amicus curiae in 
significant or novel cases and allows the recipients of FISA 
orders to publicly disclose how many orders they receive in 
certain bands.
    The bill extends the sunsets on three counterterrorism 
authorities from June 1, 2015, to December 31, 2017--Section 
215, the ``roving wiretap'' provision of the USA PATRIOT Act, 
and the ``lone wolf'' provision of the Intelligence Reform and 
Terrorism Prevention Act of 2004. This extension is based on 
the Committee's view that these three authorities are effective 
national security tools subject to continuing oversight.
    The Committee's work on this bill is not yet done. Although 
the Committee reported the bill to the House favorably, it did 
so in the interest of expediency and comity with other 
committees of the House. Members of the Committee will continue 
to work to make a number of important technical changes to 
ensure the preservation of operational equities before the full 
House considers the bill. These technical changes will ensure 
that the bill does not inadvertently disrupt important 
intelligence operations.

              Committee Consideration and Roll Call Votes

    On May 8, 2014, The Committee considered the amendment in 
the nature of a substitute to H.R. 3361. The contents of the 
amendment in the nature of a substitute are described in the 
Section-by-Section analysis and the Explanation of Amendment.
    Chairman Rogers offered an amendment to revise the 
emergency authority of Section 102, add Section 604, and make 
other technical changes. The amendment was agreed to by a voice 
vote.
    Mr. Schiff offered an amendment that would establish a 
public interest advocate for the Foreign Intelligence 
Surveillance Court, which he subsequently withdrew.
    Chairman Rogers then offered a motion to adopt the 
amendment in the nature of a substitute, as amended. The motion 
was agreed to by a voice vote.
    The Committee then adopted a motion by Chairman Rogers to 
favorably report the bill H.R. 3361 to the House, as amended. 
The motion was agreed to by a voice vote.

        Section-by-Section Analysis and Explanation of Amendment


                 TITLE I--FISA BUSINESS RECORD REFORMS

Sec. 101--Additional requirements for call detail records

    This section creates a new process for the prospective 
collection of call detail records. For counterterrorism 
purposes only, when the government has a reasonable and 
articulable suspicion that a specific selection term is 
associated with a foreign power or an agent of a foreign power, 
it may apply to the FISA court for an order requiring the 
ongoing production of call detail records related to that 
specific selection term and two ``hops'' removed for a period 
not to exceed 180 days. The government may apply to renew these 
orders.
    Except for records that remain relevant to an authorized 
counterterrorism investigation, the government is required to 
destroy all information obtained under this program within five 
years of its production.
    This process created by this section applies solely to 
government requests for call detail records. It has no effect 
on government applications for any other type of tangible 
thing.

Sec. 102--Emergency authority

    This section creates a new emergency authority for the use 
of Section 215. The Attorney General may authorize the 
emergency production of tangible things, provided that such an 
application is presented to the court within seven days. If the 
court 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

    This section provides that Section 215 does not authorize 
the bulk collection of tangible things.

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.

Sec. 105--Liability protection

    This section extends 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 expressly 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.

Sec. 107--Definitions

    This section provides a definition for the terms ``call 
detail records'' and ``specific selection term.'' The term 
``call detail records'' is defined to mean a telephone number, 
an International Mobile Subscriber Identity number, an 
International Mobile Station Equipment Identity number, a 
telephone calling card number, or the time or duration of a 
call. The term does not include the contents of any 
communication; names, addresses, or financial information; or 
cell site location information.
    The term ``specific selection term'' is defined to mean a 
term used to uniquely describe a person, entity, or account.

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. 
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 
devices is to be attached or applied. The Committee does not 
intend this change to affect any current uses of the pen 
register and trap and trace device authority.

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. This section also explicitly authorizes 
the court to assess compliance with these procedures while a 
pen register and trap and trace device is in use.

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

Sec. 301--Prohibition on reverse targeting

    This section restates the prohibition on reverse targeting 
by providing that the government may not intentionally target a 
person under Section 702 in order to target a person reasonably 
believed to be in the United States. The Committee does not 
intend this change to affect any currently authorized uses of 
Section 702.

Sec. 302--Minimization procedures

    This section codifies existing procedures that require the 
government to prohibit the retention and dissemination of 
wholly domestic communications captured under Section 702. The 
Committee does not intend this change to affect any currently 
authorized uses of Section 702.

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 in legal proceedings.

       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 may appoint an individual to serve as amicus 
curiae in a case involving a novel or significant 
interpretation of law. The presiding judges of the courts will 
designate not less than 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. If necessary to protect national 
security, the Attorney General may waive this requirement so 
long as it provides an unclassified summary of the decision. 
The Committee expects the Attorney General to consult with the 
classification authority for court opinions, the Director of 
National Intelligence, as appropriate.

                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. The 
Committee does not expect this change to affect any current 
authorized uses of National Security Letters.

         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 Courts 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--Public reporting by persons subject to FISA orders

    This section allows persons subject to FISA orders to 
choose one of three options to publicly report, within certain 
bands, how many orders they receive over a six-month period.

Sec. 605--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. 606--Submission of reports under FISA

    This section includes the House Judiciary Committee in 
several existing reporting requirements.

                           TITLE VII--SUNSETS

Sec. 701--Sunsets

    This section aligns the three sun-setting provisions, 
including: (1) business records (section 215 of the USA PATRIOT 
Act); (2) roving wiretaps (section 206 of the USA PATRIOT Act); 
and (3) lone wolf (section 6001(a) of IRTPA), with the sunset 
of the FISA Amendment Act Reauthorization Act on December 31, 
2017.

                 Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Committee held multiple 
closed hearings and briefings on the classified intelligence 
programs affected by H.R. 3361. The Committee also held open 
hearings on June 18, 2013, and October 29, 2013, on potential 
changes to the Foreign Intelligence Surveillance Act. The bill, 
as reported by the Committee, reflects conclusions reached by 
the Committee in light of this oversight activity.

                General Performance Goals and Objectives

    The goal and objective of H.R. 3361 is to modernize 
intelligence collection and increase transparency under the 
Foreign Intelligence Surveillance Act of 1978. These activities 
enhance the national security of the United States, support and 
assist the armed forces of the United States, and support the 
President in the execution of the foreign policy of the United 
States.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. In compliance with this requirement, the Committee 
has received a letter from the Congressional Budget Office 
included herein.

                  Statement on Congressional Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee states that the bill as 
reported contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to clause 3(c)(2) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 3361 from the Director of 
the Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 14, 2014.
Hon. Mike Rogers,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
    Dear Mr. Chariman: 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.
            Sincerely,
                                         Robert A. Sunshine
                              (For Douglas W. Elmendorf, Director).
    Enclosure.

H.R. 3361--USA FREEDOM Act

    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 two 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 7, 2014, the House Committee on the Judiciary 
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.

         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 italic, 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

           *       *       *       *       *       *       *



                         designation of judges

  Sec. 103. (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                        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.

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


                        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) * * *

           *       *       *       *       *       *       *


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


                              definitions

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

           *       *       *       *       *       *       *

          (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) * * *

           *       *       *       *       *       *       *

  (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];

           *       *       *       *       *       *       *

                  (iv) the minimization procedures be followed; 
                and

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *


                        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) * * *

           *       *       *       *       *       *       *

                          (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;

           *       *       *       *       *       *       *

                  (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

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

  [(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.

           *       *       *       *       *       *       *

  (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) * * *

           *       *       *       *       *       *       *


              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) * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

  (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

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *


                   Disclosure of Directed Rule Making

    H.R. 3361 does not specifically direct any rule makings 
within the meaning of 5 U.S.C. 551.

                    Duplication of Federal Programs

    H.R. 3361 does not duplicate or reauthorize an established 
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.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

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