#aacth ,,congress #b;d ,session ,h4 ,r4 #ccfa ,,an ,,act ,to reform the authorities of the ,federal ,government to require the production of certain business records1 conduct electronic surveillance1 use pen registers and trap and trace devices1 and use other forms of information gathering for foreign intelligence1 counterterrorism1 and criminal purposes1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,usa ,,freedom ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,amendments to the ,foreign ,intelligence ,surveillance ,act of #aigh4 ,title ,i--,,fisa business records reforms ,sec4 #aja4 ,additional requirements for call detail records4 ,sec4 #ajb4 ,emergency authority4 ,sec4 #ajc4 ,prohibition on bulk collection of tangible things4 ,sec4 #ajd4 ,judicial review of minimization procedures for the production of tangible things4 ,sec4 #aje4 ,liability protection4 ,sec4 #ajf4 ,compensation for assistance4 ,sec4 #ajg4 ,definitions4 ,sec4 #ajh4 ,inspector general reports on business records orders4 ,sec4 #aji4 ,effective date4 ,sec4 #aaj4 ,rule of construction4 ,title ,,ii--,,fisa pen register and trap and trace device reform ,sec4 #bja4 ,prohibition on bulk collection4 ,sec4 #bjb4 ,privacy procedures4 ,title ,,iii--,,fisa acquisitions targeting persons outside the ,united ,states reforms ,sec4 #cja4 ,minimization procedures4 ,sec4 #cjb4 ,limits on use of unlawfully obtained information4 ,title ,,iv--,foreign ,intelligence ,surveillance ,court reforms ,sec4 #dja4 ,appointment of amicus curiae4 ,sec4 #djb4 ,declassification of decisions1 orders1 and opinions4 ,title ,v--,national ,security ,letter reform ,sec4 #eja4 ,prohibition on bulk collection4 ,title ,,vi--,,fisa transparency and reporting requirements ,sec4 #fja4 ,additional reporting on orders requiring production of business records4 ,sec4 #fjb4 ,business records compliance reports to ,congress4 ,sec4 #fjc4 ,annual reports by the ,government on orders entered4 ,sec4 #fjd4 ,public reporting by persons subject to ,,fisa orders4 ,sec4 #fje4 ,reporting requirements for decisions of the ,foreign ,intelligence ,surveillance ,court4 ,sec4 #fjf4 ,submission of reports under ,,fisa4 ,title ,,vii--,sunsets ,sec4 #gja4 ,sunsets4 #b4 ,amendments to the ,foreign ,intelligence ,surveillance ,act of #aigh ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 ,i ,,fisa business records reforms #aja4 ,additional requirements for call detail records 7a7 ,application ,section #eja7;b77#b7 7#ej ,u4,s4,c4 #ahfa7;b77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the matter preceding clause 7i71 by striking a statement and inserting in the case of an application other than an application described in subparagraph 7,c7 7including an application for the production of call detail records other than in the manner described in subparagraph 7,c771 a statement2 and 7,b7 in clause 7iii71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,d71 respectively2 and 7#c7 by inserting after subparagraph 7,b7 7as so redesignated7 the following new subparagraph3 7,c7 in the case of an application for the production on a daily basis of call detail records created before1 on1 or after the date of the application relating to an authorized investigation 7other than a threat assessment7 conducted in accordance with subsection 7a77#b7 to protect against international terrorism1 a statement of facts showing that-- 7i7 there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph 7,a7 are relevant to such investigation2 and 7ii7 there are facts giving rise to a reasonable1 articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power2 and 4 7b7 ,order ,section #eja7;c77#b7 7#ej ,u4,s4,c4 #ahfa7;c77#b77 is amended-- 7#a7 in subparagraph 7,d71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,e71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,f7 in the case of an application described in subsection 7b77#b77;,c71 shall-- 7i7 authorize the production on a daily basis of call detail records for a period not to exceed #ahj days2 7ii7 provide that an order for such production may be extended upon application under subsection 7b7 and the judicial finding under paragraph 7#a72 7iii7 provide that the ,government may require the prompt production of call detail records-- 7,i7 using the specific selection term that satisfies the standard required under subsection 7b77#b77;,c77ii7 as the basis for production2 and 7,,ii7 using call detail records with a direct connection to such specific selection term as the basis for production of a second set of call detail records2 7iv7 provide that1 when produced1 such records be in a form that will be useful to the ,government2 7v7 direct each person the ,government directs to produce call detail records under the order to furnish the ,government forthwith all information1 facilities1 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 production2 and 7vi7 direct the ,government to-- 7,i7 adopt minimization procedures that require the prompt destruction of all call detail records produced under the order that the ,government determines are not foreign intelligence information2 and 7,,ii7 destroy all call detail records produced under the order as prescribed by such procedures4 4 #ajb4 ,emergency authority 7a7 ,authority ,section #eja 7#ej ,u4,s4,c4 #ahfa7 is amended by adding at the end the following new subsection3 7i7 ,emergency authority for production of tangible things 7#a7 ,notwithstanding any other provision of this section1 the ,attorney ,general may require the emergency production of tangible things if the ,attorney ,general-- 7,a7 reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained2 7,b7 reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists2 7,c7 informs1 either personally or through a designee1 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 subsection2 and 7,d7 makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable1 but not later than #g days after the ,attorney ,general requires the emergency production of tangible things under this subsection4 7#b7 ,if the ,attorney ,general authorizes the emergency production of tangible things under paragraph 7#a71 the ,attorney ,general shall require that the minimization procedures required by this section for the issuance of a judicial order be followed4 7#c7 ,in the absence of a judicial order approving the production of tangible things under this subsection1 the production shall terminate when the information sought is obtained1 when the application for the order is denied1 or after the expiration of #g days from the time the ,attorney ,general begins requiring the emergency production of such tangible things1 whichever is earliest4 7#d7 ,a denial of the application made under this subsection may be reviewed as provided in section #ajc4 7#e7 ,if such application for approval is denied1 or in any other case where the production of tangible things is terminated and no order is issued approving the production1 no information obtained or evidence derived from such production shall be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof1 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 person1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7#f7 ,the ,attorney ,general shall assess compliance with the requirements of paragraph 7#e74 4 7b7 ,conforming amendment ,section #eja7;d7 7#ej ,u4,s4,c4 #ahfa7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required2 7,b7 in subparagraph 7,a71 by striking such order and inserting such order or such emergency production2 and 7,c7 in subparagraph 7,b71 by striking the order and inserting the order or the emergency production2 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking an order and inserting an order or emergency production2 and 7,b7 in subparagraph 7,b71 by striking an order and inserting an order or emergency production4 #ajc4 ,prohibition on bulk collection of tangible things 7a7 ,application ,section #eja7;b77#b7 7#ej ,u4,s4,c4 #ahfa7;b77#b771 as amended by section #aja7;a7 of this ,act1 is further amended by inserting before subparagraph 7,b71 as redesignated by such section #aja7;a7 of this ,act1 the following new subparagraph3 7,a7 a specific selection term to be used as the basis for the production of the tangible things sought2 4 7b7 ,order ,section #eja7;c7 7#ej ,u4,s4,c4 #ahfa7;c77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking the semicolon and inserting 1 including each specific selection term to be used as the basis for the production22 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,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 7b77#b74 4 #ajd4 ,judicial review of minimization procedures for the production of tangible things ,section #eja7;c77#a7 7#ej ,u4,s4,c4 #ahfa7;c77#a77 is amended by inserting after subsections 7a7 and 7b7 the following3 and that the minimization procedures submitted in accordance with subsection 7b77#b77;,d7 meet the definition of minimization procedures under subsection 7g74 #aje4 ,liability protection ,section #eja7;e7 7#ej ,u4,s4,c4 #ahfa7;e77 is amended to read as follows3 7e7 7#a7 ,no cause of action shall lie in any court against a person who-- 7,a7 produces tangible things or provides information1 facilities1 or technical assistance pursuant to an order issued or an emergency production required under this section2 or 7,b7 otherwise provides technical assistance to the ,government under this section or to implement the amendments made to this section by the ,,usa ,,freedom ,act4 7#b7 ,a production or provision of information1 facilities1 or technical assistance described in paragraph 7#a7 shall not be deemed to constitute a waiver of any privilege in any other proceeding or context4 4 #ajf4 ,compensation for assistance ,section #eja 7#ej ,u4,s4,c4 #ahfa71 as amended by section #ajb of this ,act1 is further amended by adding at the end the following new subsection3 7j7 ,compensation ,the ,government shall compensate a person for reasonable expenses incurred for-- 7#a7 producing tangible things or providing information1 facilities1 or assistance in accordance with an order issued with respect to an application described in subsection 7b77#b77;,c7 or an emergency production under subsection 7i7 that1 to comply with subsection 7i77#a77;,d71 requires an application described in subsection 7b77#b77;,c72 or 7#b7 otherwise providing technical assistance to the ,government under this section or to implement the amendments made to this section by the ,,usa ,,freedom ,act4 4 #ajg4 ,definitions ,section #eja 7#ej ,u4,s4,c4 #ahfa71 as amended by section #ajf of this ,act1 is further amended by adding at the end the following new subsection3 7k7 ,definitions ,in this section3 7#a7 ,call detail record ,the term call detail record-- 7,a7 means session identifying information 7including originating or terminating telephone number1 ,international ,mobile ,subscriber ,identity number1 or ,international ,mobile ,station ,equipment ,identity number71 a telephone calling card number1 or the time or duration of a call2 and 7,b7 does not include-- 7i7 the contents of any communication 7as defined in section #beaj7h7 of title #ah1 ,united ,states ,code72 7ii7 the name1 address1 or financial information of a subscriber or customer2 or 7iii7 cell site location information4 7#b7 ,specific selection term ,the term specific selection term means a discrete term1 such as a term specifically identifying a person1 entity1 account1 address1 or device1 used by the ,government to limit the scope of the information or tangible things sought pursuant to the statute authorizing the provision of such information or tangible things to the ,government4 4 #ajh4 ,inspector general reports on business records orders ,section #ajf;,a of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #abj ,stat4 #bjj7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting and calendar years #bjab through #bjad after #bjjf2 7,b7 by striking paragraphs 7#b7 and 7#c72 7,c7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#c7 7as so redesignated7-- 7i7 by striking subparagraph 7,c7 and inserting the following new subparagraph3 7,c7 with respect to calendar years #bjab through #bjad1 an examination of the minimization procedures used in relation to orders under section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons2 2 and 7ii7 in subparagraph 7,d71 by striking 7as such term is defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja;a7#d7772 7#b7 in subsection 7c71 by adding at the end the following new paragraph3 7#c7 ,calendar years #bjab through #bjad ,not later than ,december #ca1 #bjae1 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 7a7 for calendar years #bjab through #bjad4 2 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 7#d7 by inserting after subsection 7c7 the following new subsection3 7d7 ,intelligence assessment 7#a7 ,in general ,for the period beginning on ,january #a1 #bjab1 and ending on ,december #ca1 #bjad1 the ,inspector ,general of the ,intelligence ,community shall assess-- 7,a7 the importance of the information acquired under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 to the activities of the intelligence community2 7,b7 the manner in which that information was collected1 retained1 analyzed1 and disseminated by the intelligence community2 7,c7 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 persons2 and 7,d7 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 #ajc7;a7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;a774 7#b7 ,submission date for assessment ,not later than #ahj days after the date on which the ,inspector ,general of the ,department of ,justice submits the report required under subsection 7c77#c71 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 #bjab through #bjad4 2 7#e7 in subsection 7e71 as redesignated by paragraph 7#c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking a report under subsection 7c77#a7 or 7c77#b7 and inserting any report under subsection 7c7 or 7d72 and 7ii7 by striking ,inspector ,general of the ,department of ,justice and inserting ,inspector ,general of the ,department of ,justice1 the ,inspector ,general of the ,intelligence ,community1 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 section2 and 7,b7 in paragraph 7#b71 by striking the reports submitted under subsections 7c77#a7 and 7c77#b7 and inserting any report submitted under subsection 7c7 or 7d72 7#f7 in subsection 7f71 as redesignated by paragraph 7#c7-- 7,a7 by striking ,the reports submitted under subsections 7c77#a7 and 7c77#b7 and inserting ,each report submitted under subsection 7c72 and 7,b7 by striking subsection 7d77#b7 and inserting subsection 7e77#b72 and 7#g7 by adding at the end the following new subsection3 7g7 ,definitions ,in this section3 7#a7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#b7 ,united ,states person ,the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 4 #aji4 ,effective date 7a7 ,in general ,the amendments made by sections #aja through #ajc shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7b7 ,rule of construction ,nothing in this ,act shall be construed to alter or eliminate the authority of the ,government to obtain an order under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 as in effect prior to the effective date described in subsection 7a7 during the period ending on such effective date4 #aaj4 ,rule of construction ,nothing in this ,act shall be construed to authorize the production of the contents 7as such term is defined in section #beaj7h7 of title #ah1 ,united ,states ,code7 of any electronic communication from an electronic communication service provider 7as such term is defined in section #gja7;b77#d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha7;b77#d77 under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq474 ,,ii ,,fisa pen register and trap and trace device reform #bja4 ,prohibition on bulk collection 7a7 ,prohibition ,section #djb7;c7 7#ej ,u4,s4,c4 #ahdb7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#b71 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end the following new paragraph3 7#c7 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 applied2 and 4 7b7 ,definition ,section #dja 7#ej ,u4,s4,c4 #ahda7 is amended by adding at the end the following new paragraph3 7#d7 ,the term specific selection term has the meaning given the term in section #eja4 4 #bjb4 ,privacy procedures 7a7 ,in general ,section #djb 7#ej ,u4,s4,c4 #ahdb7 is amended by adding at the end the following new subsection3 7h7 ,the ,attorney ,general shall ensure that appropriate policies and procedures are in place to safeguard nonpublicly available information concerning ,united ,states persons that is collected through the use of a pen register or trap and trace device installed under this section4 ,such policies and procedures shall1 to the maximum extent practicable and consistent with the need to protect national security1 include protections for the collection1 retention1 and use of information concerning ,united ,states persons4 4 7b7 ,emergency authority ,section #djc 7#ej ,u4,s4,c4 #ahdc7 is amended by adding at the end the following new subsection3 7d7 ,information collected through the use of a pen register or trap and device installed under this section shall be subject to the policies and procedures required under section #djb7;h74 4 ,,iii ,,fisa acquisitions targeting persons outside the ,united ,states reforms #cja4 ,minimization procedures ,section #gjb7;e77#a7 7#ej ,u4,s4,c4 #ahha;a7e77#a77 is amended-- 7#a7 by striking that meet and inserting the following3 that-- 7,a7 meet 2 7#b7 in subparagraph 7,a7 7as designated by paragraph 7#a7 of this section71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,b7 consistent with such definition-- 7i7 minimize the acquisition1 and prohibit the retention and dissemination1 of any communication as to which the sender and all intended recipients are determined to be located in the ,united ,states at the time of acquisition1 consistent with the need of the ,united ,states to obtain1 produce1 and disseminate foreign intelligence information2 and 7ii7 prohibit the use of any discrete communication that is not to1 from1 or about the target of an acquisition and is to or from an identifiable ,united ,states person or a person reasonably believed to be located in the ,united ,states1 except to protect against an immediate threat to human life4 4 #cjb4 ,limits on use of unlawfully obtained information ,section #gjb7;i77#c7 7#ej ,u4,s4,c4 #ahha;a7i77#c77 is amended by adding at the end the following new subparagraph3 7,d7 ,limitation on use of information 7i7 ,in general ,except as provided in clause 7ii71 to the extent the ,court orders a correction of a deficiency in a certification or procedures under subparagraph 7,b71 no information obtained or evidence derived pursuant to the part of the certification or procedures that has been identified by the ,court as deficient concerning any ,united ,states person shall be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof1 and no information concerning any ,united ,states person acquired pursuant to such part of such certification shall subsequently be used or disclosed in any other manner by ,federal officers or employees without the consent of the ,united ,states person1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7ii7 ,exception ,if the ,government corrects any deficiency identified by the order of the ,court under subparagraph 7,b71 the ,court may permit the use or disclosure of information obtained before the date of the correction under such minimization procedures as the ,court shall establish for purposes of this clause4 4 ,,iv ,foreign ,intelligence ,surveillance ,court reforms #dja4 ,appointment of amicus curiae ,section #ajc 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following new subsection3 7i7 ,amicus curiae 7#a7 ,authorization ,a court established under subsection 7a7 or 7b71 consistent with the requirement of subsection 7c7 and any other statutory requirement that the court act expeditiously or within a stated time-- 7,a7 shall appoint an individual to serve as amicus curiae to assist such court in the consideration of any application for an order or review that1 in the opinion of the court1 presents a novel or significant interpretation of the law1 unless the court issues a written finding that such appointment is not appropriate2 and 7,b7 may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate4 7#b7 ,designation ,the presiding judges of the courts established under subsections 7a7 and 7b7 shall jointly designate not less than #e individuals to be eligible to serve as amicus curiae4 ,such individuals shall be persons who possess expertise in privacy and civil liberties1 intelligence collection1 telecommunications1 or any other area 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 information4 7#c7 ,duties ,an individual appointed to serve as amicus curiae under paragraph 7#a7 shall carry out the duties assigned by the appointing court4 ,such court may authorize the individual appointed to serve as amicus curiae to review any application1 certification1 petition1 motion1 or other submission that the court determines is relevant to the duties assigned by the court4 7#d7 ,notification ,the presiding judges of the courts established under subsections 7a7 and 7b7 shall notify the ,attorney ,general of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph 7#a74 7#e7 ,assistance ,a court established under subsection 7a7 or 7b7 may request and receive 7including on a non-reimbursable basis7 the assistance of the executive branch in the implementation of this subsection4 7#f7 ,administration ,a court established under subsection 7a7 or 7b7 may provide for the designation1 appointment1 removal1 training1 or other support for an individual appointed to serve as amicus curiae under paragraph 7#a7 in a manner that is not inconsistent with this subsection4 4 #djb4 ,declassification of decisions1 orders1 and opinions 7a7 ,declassification ,title ,,vi 7#ej ,u4,s4,c4 #ahga et seq47 is amended-- 7#a7 in the heading1 by striking ,reporting ,requirement and inserting ,oversight2 and 7#b7 by adding at the end the following new section3 #fjb4 ,declassification of significant decisions1 orders1 and opinions 7a7 ,declassification required ,subject to subsection 7b71 the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 shall conduct a declassification review of each decision1 order1 or opinion issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review 7as defined in section #fja7;e77 that includes a significant construction or interpretation of any provision of this ,act1 including a construction or interpretation of the term specific selection term1 and1 consistent with that review1 make publicly available to the greatest extent practicable each such decision1 order1 or opinion4 7b7 ,redacted form ,the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 may satisfy the requirement under subsection 7a7 to make a decision1 order1 or opinion described in such subsection publicly available to the greatest extent practicable by making such decision1 order1 or opinion publicly available in redacted form4 7c7 ,national security waiver ,the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 may waive the requirement to declassify and make publicly available a particular decision1 order1 or opinion under subsection 7a7 if-- 7#a7 the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 determines that a waiver of such requirement is necessary to protect the national security of the ,united ,states or properly classified intelligence sources or methods2 and 7#b7 the ,director of ,national ,intelligence makes publicly available an unclassified statement prepared by the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence-- 7,a7 summarizing the significant construction or interpretation of a provision under this ,act2 and 7,b7 that specifies that the statement has been prepared by the ,attorney ,general and constitutes no part of the opinion of the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review4 4 7b7 ,table of contents amendments ,the table of contents in the first section is amended-- 7#a7 by striking the item relating to title ,,vi and inserting the following new item3 ,,title ,,vi--,,oversight 2 and 7#b7 by inserting after the item relating to section #fja the following new item3 ,sec4 #fjb4 ,declassification of significant decisions1 orders1 and opinions4 4 ,v ,national ,security ,letter reform #eja4 ,prohibition on bulk collection 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji7;b7 of title #ah1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking may and inserting may1 using a specific selection term as the basis for a request4 7b7 ,access to financial records for certain intelligence and protective purposes ,section #aaad7;a77#b7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#b77 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 records44 7c7 ,disclosures to ,,fbi of certain consumer records for counterintelligence purposes ,section #fbf7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7a77 is amended by striking that information1 and inserting that information that includes a specific selection term to be used as the basis for the production of that information14 7d7 ,disclosures to governmental agencies for counterterrorism purposes of consumer reports ,section #fbg7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7a77 is amended by striking analysis4 and inserting analysis and a specific selection term to be used as the basis for the production of such information44 7e7 ,definitions 7#a7 ,counterintelligence ,access to ,telephone ,toll and ,transactional ,records ,section #bgji of title #ah1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7g7 ,specific selection term defined ,in this section1 the term specific selection term has the meaning given the term in section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa74 4 7#b7 ,access to financial records for certain intelligence and protective purposes ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7 is amended by adding at the end the following new subsection3 7e7 ,in this section1 the term specific selection term has the meaning given the term in section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa74 4 7#c7 ,disclosures to ,,fbi of certain consumer records for counterintelligence purposes ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended by adding at the end the following new subsection3 7n7 ,specific selection term defined ,in this section1 the term specific selection term has the meaning given the term in section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa74 4 7#d7 ,disclosures to governmental agencies for counterterrorism purposes of consumer reports ,section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is amended by adding at the end the following new subsection3 7g7 ,specific selection term defined ,in this section1 the term specific selection term has the meaning given the term in section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa74 4 ,,vi ,,fisa transparency and reporting requirements #fja4 ,additional reporting on orders requiring production of business records ,section #ejb7;b7 7#ej ,u4,s4,c4 #ahfb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 and 7#b7 by inserting before paragraph 7#e7 7as so redesignated7 the following new paragraphs3 7#a7 the total number of applications described in section #eja7;b77#b77;,b7 made for orders approving requests for the production of tangible things2 7#b7 the total number of such orders either granted1 modified1 or denied2 7#c7 the total number of applications described in section #eja7;b77#b77;,c7 made for orders approving requests for the production of call detail records2 7#d7 the total number of such orders either granted1 modified1 or denied2 4 #fjb4 ,business records compliance reports to ,congress ,section #ejb7;b7 7#ej ,u4,s4,c4 #ahfb7;b771 as amended by section #fja of this ,act1 is further amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#g7 as paragraphs 7#b7 through 7#h71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following new paragraph3 7#a7 a summary of all compliance reviews conducted by the ,federal ,government of the production of tangible things under section #eja2 4 #fjc4 ,annual reports by the ,government on orders entered 7a7 ,in general ,title ,,vi 7#ej ,u4,s4,c4 #ahga et seq471 as amended by section #djb of this ,act1 is further amended by adding at the end the following new section3 #fjc4 ,annual report on orders entered 7a7 ,report by ,director of the ,administrative ,office of the ,united ,states ,courts ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall annually submit to the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate and1 subject to a declassification review by the ,attorney ,general and ,director of ,national ,intelligence1 make publicly available on an ,internet website-- 7#a7 the number of orders entered under each of sections #aje1 #cjd1 #djb1 #eja1 #gjb1 #gjc1 and #gjd2 7#b7 the number of orders modified under each of those sections2 7#c7 the number of orders denied under each of those sections2 and 7#d7 the number of appointments of an individual to serve as amicus curiae under section #ajc1 including the name of each individual appointed to serve as amicus curiae4 7b7 ,report by ,director of ,national ,intelligence ,the ,director of ,national ,intelligence shall annually make publicly available a report that identifies1 for the preceding #ab-month period-- 7#a7 the total number of orders issued pursuant titles ,i and ,,iii and sections #gjc and #gjd and the estimated number of targets affected by such orders2 7#b7 the total number of orders issued pursuant to section #gjb and the estimated number of targets affected by such orders2 7#c7 the total number of orders issued pursuant to title ,,iv and the estimated number of targets affected by such orders2 7#d7 the total number of orders issued pursuant to applications made under section #eja7;b77#b77;,b7 and the estimated number of targets affected by such orders2 7#e7 the total number of orders issued pursuant to applications made under section #eja7;b77#b77;,c7 and the estimated number of targets affected by such orders2 and 7#f7 the total number of national ,security letters issued and the number of requests for information contained within such national security letters4 7c7 ,national security letter defined ,the term national security letter means any of the following provisions3 7#a7 ,section #bgji of title #ah1 ,united ,states ,code4 7#b7 ,section #aaad7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a774 7#c7 ,subsection 7a7 or 7b7 of section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7a71 #afhau7b774 7#d7 ,section #fbg7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7a774 4 7b7 ,table of contents amendment ,the table of contents in the first section1 as amended by section #djb of this ,act1 is further amended by inserting after the item relating to section #fjb1 as added by such section #djb1 the following new item3 ,sec4 #fjc4 ,annual report on orders entered4 4 #fjd4 ,public reporting by persons subject to ,,fisa orders 7a7 ,in general ,title ,,vi 7#ej ,u4,s4,c4 #ahga et seq471 as amended by section #fjc of this ,act1 is further amended by adding at the end the following new section3 #fjd4 ,public reporting by persons subject to orders 7a7 ,reporting ,a person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures3 7#a7 ,subject to subsection 7b71 a report that aggregates the number of orders or national security letters the person was required to comply with in the following separate categories3 7,a7 ,the number of national security letters received1 reported in bands of #ajjj starting with #j-iii4 7,b7 ,the number of customer accounts affected by national security letters1 reported in bands of #ajjj starting with #j-iii4 7,c7 ,the number of orders under this ,act for content1 reported in bands of #ajjj starting with #j-iii4 7,d7 ,with respect to content orders under this ,act1 in bands of #ajjj starting with #j-iii1 the number of customer accounts affected under orders under title ,i2 7,e7 ,the number of orders under this ,act for non-content1 reported in bands of #ajjj starting with #j-iii4 7,f7 ,with respect to non-content orders under this ,act1 in bands of #ajjj starting with #j-iii1 the number of customer accounts affected under orders under-- 7i7 title ,,iv2 7ii7 title ,v with respect to applications described in section #eja7;b77#b77;,b72 and 7iii7 title ,v with respect to applications described in section #eja7;b77#b77;,c74 7#b7 ,a report that aggregates the number of orders1 directives1 or national security letters the person was required to comply with in the following separate categories3 7,a7 ,the total number of all national security process received1 including all national security letters and orders or directives under this ,act1 reported as a single number in a band of #j-bdi and thereafter in bands of #bej4 7,b7 ,the total number of customer selectors targeted under all national security process received1 including all national security letters and orders or directives under this ,act1 reported as a single number in a band of #j-bdi and thereafter in bands of #bej4 7#c7 ,subject to subsection 7b71 a report that aggregates the number of orders or national security letters the person was required to comply with in the following separate categories3 7,a7 ,the number of national security letters received1 reported in bands of #ejj starting with #j-dii4 7,b7 ,the number of customer accounts affected by national security letters1 reported in bands of #ejj starting with #j-dii4 7,c7 ,the number of orders under this ,act for content1 reported in bands of #ejj starting with #j-dii4 7,d7 ,the number of customer selectors targeted under such orders1 in bands of #ejj starting with #j-dii4 7,e7 ,the number of orders under this ,act for non-content1 reported in bands of #ejj starting with #j-dii4 7,f7 ,the number of customer selectors targeted under such orders1 reported in bands of #ejj starting with #j-dii4 7b7 ,period of time covered by reports ,with respect to a report described in paragraph 7#a7 or 7#c7 of subsection 7a71 such report shall only include information-- 7#a7 except as provided in paragraph 7#b71 for the period of time ending on the date that is at least #ahj days before the date of the publication of such report2 and 7#b7 with respect to an order under this ,act or national security letter received with respect to a platform1 product1 or service for which a person did not previously receive such an order or national security letter 7not including an enhancement to or iteration of an existing publicly available platform1 product1 or service71 for the period of time ending on the date that is at least #b years before the date of the publication of such report4 7c7 ,other forms of agreed to publication ,nothing in this section shall be construed to prohibit the ,government and any person from jointly agreeing to the publication of information referred to in this subsection in a time1 form1 or manner other than as described in this section4 7d7 ,national security letter defined ,the term national security letter has the meaning given the term in section #fjc4 4 7b7 ,table of contents amendment ,the table of contents in the first section1 as amended by section #fjc of this ,act1 is further amended by inserting after the item relating to section #fjc1 as added by section #fjc of this ,act1 the following new item3 ,sec4 #fjd4 ,public reporting by persons subject to orders4 4 #fje4 ,reporting requirements for decisions of the ,foreign ,intelligence ,surveillance ,court ,section #fja7;c77#a7 7#ej ,u4,s4,c4 #ahga7;c77 is amended to read as follows3 7#a7 not later than #de days after the date on which the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review issues a decision1 order1 or opinion1 including any denial or modification of an application under this ,act1 that includes a significant construction or interpretation of any provision of this ,act or results in a change of application of any provision of this ,act or a new application of any provision of this ,act1 a copy of such decision1 order1 or opinion and any pleadings1 applications1 or memoranda of law associated with such decision1 order1 or opinion2 and 4 #fjf4 ,submission of reports under ,,fisa 7a7 ,electronic surveillance ,section #ajh7;a77#a7 7#ej ,u4,s4,c4 #ahjh7;a77#a77 is amended by striking the ,house ,permanent ,select ,committee on ,intelligence and the ,senate ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,senate1 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 ,senate4 7b7 ,physical searches ,section #cjf 7#ej ,u4,s4,c4 #ahbf7 is amended-- 7#a7 in the first sentence1 by striking ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,select ,committee on ,intelligence of the ,senate1 and the ,committee on the ,judiciary of the ,senate1 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 ,senate2 and 7#b7 in the second sentence1 by striking and the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,pen register and trap and trace devices ,section #djf7;b7 7#ej ,u4,s4,c4 #ahdf7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#c71 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end the following new paragraphs3 7#d7 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 title2 and 7#e7 for each department or agency described in paragraph 7#d71 a breakdown of the numbers required by paragraphs 7#a71 7#b71 and 7#c74 4 7d7 ,access to certain business records and other tangible things ,section #ejb7;a7 7#ej ,u4,s4,c4 #ahfb7;a77 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 ,representatives1 the ,select ,committee on ,intelligence of the ,senate1 and the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate4 ,,vii ,sunsets #gja4 ,sunsets 7a7 ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje ,section #ajb7;b77#a7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ej ,u4,s4,c4 #ahje note7 is amended by striking ,june #a1 #bjae and inserting ,december #ca1 #bjag4 7b7 ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd ,section #fjja7;b77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ahja note7 is amended by striking ,june #a1 #bjae and inserting ,december #ca1 #bjag4 ,passed the ,house of ,representatives ,may #bb1 #bjad4;,clerk4