,i #aacth ,,congress #ast ,session ,h4 ,r4 #ccfa ,,in ,,the ,,house ,,of ,,representatives ,october #bi1 #bjac,mr4 ,sensenbrenner 7for himself1 ,mr4 ,conyers1 ,ms4 ,lofgren1 ,mr4 ,amash1 ,mr4 ,nadler1 ,mr4 ,roe of ,tennessee1 ,ms4 ,jackson ,lee1 ,mr4 ,farr1 ,mr4 ,polis1 ,ms4 ,chu1 ,ms4 ,bass1 ,mr4 ,richmond1 ,mr4 ,thompson of ,mississippi1 ,ms4 ,del,bene1 ,mr4 ,rohrabacher1 ,mr4 ,mica1 ,mr4 ,young of ,alaska1 ,mr4 ,petri1 ,mr4 ,sanford1 ,mr4 ,welch1 ,mr4 ,grayson1 ,mr4 ,duncan of ,south ,carolina1 ,ms4 ,eshoo1 ,mr4 ,rokita1 ,mr4 ,smith of ,missouri1 ,mr4 ,stewart1 ,mr4 ,amodei1 ,mr4 ,yoho1 ,mr4 ,jeffries1 ,ms4 ,norton1 ,mr4 ,deutch1 ,mr4 ,scott of ,virginia1 ,mr4 ,quigley1 ,mr4 ,hunter1 ,mr4 ,garamendi1 ,mr4 ,mullin1 ,mr4 ,massie1 ,ms4 ,lee of ,california1 ,ms4 ,moore1 ,mr4 ,duffy1 ,ms4 ,gabbard1 ,mr4 ,coble1 ,mr4 ,terry1 ,mr4 ,graves of ,georgia1 ,mr4 ,pocan1 ,mr4 ,o',rourke1 ,mr4 ,labrador1 ,mr4 ,huffman1 ,mr4 ,gowdy1 ,mr4 ,coffman1 ,mr4 ,mulvaney1 ,mr4 ,burgess1 ,mr4 ,issa1 ,mr4 ,moran1 ,mr4 ,gibson1 ,mr4 ,honda1 ,ms4 ,speier1 ,mr4 ,johnson of ,georgia1 ,mr4 ,gohmert1 ,mr4 ,yoder1 ,mr4 ,gene ,green of ,texas1 ,mr4 ,huelskamp1 ,mr4 ,capuano1 ,mr4 ,bentivolio1 ,mr4 ,jones1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,buchanan1 ,mr4 ,long1 ,mr4 ,ellison1 ,mr4 ,daines1 ,mr4 ,michaud1 ,mr4 ,lowenthal1 ,mr4 ,pearce1 ,mr4 ,poe of ,texas1 ,mr4 ,bera of ,california1 ,mr4 ,griffin of ,arkansas1 ,mr4 ,blumenauer1 ,mr4 ,schweikert1 and ,mr4 ,fitzpatrick7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,select ,committee on ,intelligence 7,permanent ,select7 and ,financial ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,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 ,uniting and ,strengthening ,america by ,fulfilling ,rights and ,ending ,eavesdropping1 ,dragnet-collection1 and ,online ,monitoring ,act or 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,title ,i--,,fisa business records reforms,sec4 #aja4 ,privacy protections for business records orders4,sec4 #ajb4 ,inspector general reports on business records orders4,title ,,ii--,,fisa pen register and trap and trace device reforms,sec4 #bja4 ,privacy protections for pen registers and trap and trace devices4,sec4 #bjb4 ,inspector general reports on pen registers and trap and trace devices4,title ,,iii--,,fisa acquisitions targeting persons outside the ,united ,states reforms,sec4 #cja4 ,clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications of ,united ,states persons4,sec4 #cjb4 ,protection against collection of wholly domestic communications4,sec4 #cjc4 ,prohibition on reverse targeting4,sec4 #cjd4 ,limits on use of unlawfully obtained information4,sec4 #cje4 ,modification of ,,fisa ,amendments ,act of #bjjh sunset4,sec4 #cjf4 ,inspector general reviews of authorities4,title ,,iv--,foreign ,intelligence ,surveillance ,court reforms,sec4 #dja4 ,office of the ,special ,advocate4,sec4 #djb4 ,foreign ,intelligence ,surveillance ,court disclosure of opinions4,sec4 #djc4 ,preservation of rights4,title ,v--,national security letter reforms,sec4 #eja4 ,national security letter authority4,sec4 #ejb4 ,limitations on disclosure of national security letters4,sec4 #ejc4 ,judicial review4,sec4 #ejd4 ,inspector general reports on national security letters4,sec4 #eje4 ,national security letter sunset4,sec4 #ejf4 ,technical and conforming amendments4,title ,,vi--,,fisa and national security letter transparency reforms,sec4 #fja4 ,third-party reporting on ,,fisa orders and national security letters4,sec4 #fjb4 ,government reporting on ,,fisa orders4,sec4 #fjc4 ,government reporting on national security letters4,title ,,vii--,privacy and ,civil ,liberties ,oversight ,board subpoena authority,sec4 #gja4 ,privacy and ,civil ,liberties ,oversight ,board subpoena authority4 ,i ,,fisa business records reforms #aja4 ,privacy protections for business records orders 7a7 ,privacy protections 7#a7 ,in general ,section #eja7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;b77 is amended-- 7,a7 in paragraph 7#a77;,b71 by striking and after the semicolon2 7,b7 in paragraph 7#b71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following new subparagraphs3 7,a7 a statement of facts showing that there are reasonable grounds to believe that the tangible things sought-- 7i7 are relevant and material to an authorized investigation 7other than a threat assessment7 conducted in accordance with subsection 7a77#b7 to-- 7,i7 obtain foreign intelligence information not concerning a ,united ,states person2 or 7,,ii7 protect against international terrorism or clandestine intelligence activities2 and 7ii7 pertain to-- 7,i7 a foreign power or an agent of a foreign power2 7,,ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7,,iii7 an individual in contact with1 or known to1 a suspected agent of a foreign power2 and 7,b7 a statement of proposed minimization procedures2 and 2 and 7,c7 by adding at the end the following paragraph3 7#c7 if the applicant is seeking a nondisclosure requirement described in subsection 7d71 shall include-- 7,a7 the time period during which the ,government believes the nondisclosure requirement should apply2 7,b7 a statement of facts showing that there are reasonable grounds to believe that disclosure of particular information about the existence or contents of the order requiring the production of tangible things under this section during such time period will result in-- 7i7 endangering the life or physical safety of any person2 7ii7 flight from investigation or prosecution2 7iii7 destruction of or tampering with evidence2 7iv7 intimidation of potential witnesses2 7v7 interference with diplomatic relations2 7vi7 alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 or 7vii7 otherwise seriously endangering the national security of the ,united ,states2 and 7,c7 an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph 7,b74 4 7#b7 ,order ,section #eja7;c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;c77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking subsections 7a7 and 7b7 and inserting subsection 7a7 and paragraphs 7#a7 and 7#b7 of subsection 7b7 and that the proposed minimization procedures meet the definition of minimization procedures under subsection 7g72 and 7ii7 by striking the last sentence and inserting the following3 ,if the judge finds that the requirements of subsection 7b77#c7 have been met1 such order shall include a nondisclosure requirement1 which may apply for not longer than #a year1 unless the facts justify a longer period of nondisclosure1 subject to the principles and procedures described in subsection 7d742 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 by inserting before the semicolon 1 if applicable2 7ii7 in subparagraph 7,d71 by striking and at the end2 7iii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following new subparagraph3 7,f7 shall direct that the minimization procedures be followed4 4 7#c7 ,nondisclosure ,section #eja7;d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;d77 is amended to read as follows3 7d7 ,nondisclosure 7#a7 ,in general ,no person who receives an order entered under subsection 7c7 that contains a nondisclosure requirement shall disclose to any person the particular information specified in the nondisclosure requirement during the time period to which the requirement applies4 7#b7 ,exception 7,a7 ,in general ,a person who receives an order entered under subsection 7c7 that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary to comply with the order2 7ii7 an attorney to obtain legal advice or assistance regarding the order2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as the person to whom the order is directed4 7,c7 ,notice ,any person who discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the ,director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,extension ,the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director 7whose rank shall be no lower than ,assistant ,special ,agent in ,charge71 may apply for renewals of the prohibition on disclosure of particular information about the existence or contents of an order requiring the production of tangible things under this section for additional periods of not longer than #a year1 unless the facts justify a longer period of nondisclosure4 ,a nondisclosure requirement shall be renewed if a court having jurisdiction under paragraph 7#d7 determines that the application meets the requirements of subsection 7b77#c74 7#d7 ,jurisdiction ,an application for a renewal under this subsection shall be made to-- 7,a7 a judge of the court established under section #ajc7;a72 or 7,b7 a ,united ,states ,magistrate ,judge under chapter #dc of title #bh1 ,united ,states ,code1 who is publicly designated by the ,chief ,justice of the ,united ,states to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of the court established under section #ajc7;a74 4 7#d7 ,minimization ,section #eja7;g7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;g77 is amended-- 7,a7 in paragraph 7#a71 by striking ,not later than and all that follows and inserting ,at or before the end of the period of time for the production of tangible things under an order entered under this section or at any time after the production of tangible things under an order entered under this section1 a judge may assess compliance with the minimization procedures required by such order by reviewing the circumstances under which information concerning ,united ,states persons was acquired1 retained1 or disseminated42 and 7,b7 in paragraph 7#b77;,a71 by inserting acquisition and after to minimize the4 7#e7 ,conforming amendment ,section #eja7;f77#a77;,b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;f77#a77;,b77 is amended by striking an order imposed under subsection 7d7 and inserting a nondisclosure requirement imposed in connection with a production order4 7b7 ,judicial review ,section #eja7;f77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;f77#b77 is amended-- 7#a7 in subparagraph 7,a77i7-- 7,a7 by striking that order and inserting such production order or any nondisclosure order imposed in connection with such production order2 and 7,b7 by striking the second sentence2 7#b7 by striking subparagraph 7,c7 and inserting the following new subparagraph3 7,c7 ,a judge considering a petition to modify or set aside a nondisclosure order shall grant such petition unless the court determines that-- 7i7 there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the time period in which such requirement is in effect will result in-- 7,i7 endangering the life or physical safety of any person2 7,,ii7 flight from investigation or prosecution2 7,,iii7 destruction of or tampering with evidence2 7,,iv7 intimidation of potential witnesses2 7,v7 interference with diplomatic relations2 7,,vi7 alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 or 7,,vii7 otherwise seriously endangering the national security of the ,united ,states2 and 7ii7 the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause 7i74 2 and 7#c7 by adding at the end the following new subparagraph3 7,e7 ,if a judge denies a petition to modify or set aside a nondisclosure order under this paragraph1 no person may file another petition to modify or set aside such nondisclosure order until the date that is one year after the date on which such judge issues the denial of such petition4 4 7c7 ,emergency authority for access to call detail records 7#a7 ,in general ,title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 is amended-- 7,a7 by redesignating section #ejb as section #ejc2 and 7,b7 by inserting after section #eja the following new section3 #ejb4 ,emergency authority for access to call detail records 7a7 ,in general ,notwithstanding any other provision of this title1 the ,attorney ,general may require the production of call detail records by the provider of a wire or electronic communication service on an emergency basis if-- 7#a7 such records-- 7,a7 are relevant and material to an authorized investigation 7other than a threat assessment7 conducted in accordance with section #eja7;a77#b7 to-- 7i7 obtain foreign intelligence information not concerning a ,united ,states person2 or 7ii7 protect against international terrorism or clandestine intelligence activities2 and 7,b7 pertain to-- 7i7 a foreign power or an agent of a foreign power2 7ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7iii7 an individual in contact with1 or known to1 a suspected agent of a foreign power2 7#b7 the ,attorney ,general reasonably determines that-- 7,a7 an emergency requires the production of such records before an order requiring such production can with due diligence be obtained under section #eja2 and 7,b7 the factual basis for issuance of an order under section #eja to require the production of such records exists2 7#c7 a judge referred to in section #eja7;b77#a7 is informed by the ,attorney ,general or a designee of the ,attorney ,general at the time of the required production of such records that the decision has been made to require such production on an emergency basis2 and 7#d7 an application in accordance with section #eja is made to such judge as soon as practicable1 but not more than #g days after the date on which the ,attorney ,general requires the production of such records under this section4 7b7 ,termination of authority 7#a7 ,termination ,in the absence of an order under section #eja approving the production of call detail records under subsection 7a71 the authority to require the production of such records shall terminate at the earlier of-- 7,a7 when the information sought is obtained2 7,b7 when the application for the order is denied under section #eja2 or 7,c7 #g days after the time of the authorization by the ,attorney ,general4 7#b7 ,use of information ,if an application for an order under section #eja for the production of call detail records required to be produced pursuant to subsection 7a7 is denied1 or in any other case in which the emergency production of call detail records under this section is terminated and no order under section #eja is issued approving the required production of such records1 no information obtained or evidence derived from such records 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 records 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 7c7 ,report ,the ,attorney ,general shall annually submit to the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate a report containing the number of times the authority under this section was exercised during the calendar year covered by such report4 7d7 ,call detail records defined ,in this section1 the term call detail records-- 7#a7 means session identifying information 7including originating or terminating telephone number1 ,international ,mobile ,subscriber ,identity number1 or ,international ,mobile ,station ,equipment ,identity number71 telephone calling card numbers1 or the time or duration of a call2 and 7#b7 does not include-- 7,a7 the contents of any communication 7as defined in section #beaj7h7 of title #ah1 ,united ,states ,code72 7,b7 the name1 address1 or financial information of a subscriber or customer2 or 7,c7 cell site location information4 4 7#b7 ,table of contents amendment ,the table of contents in the first section of the ,foreign ,intelligence ,surveillance ,act of #aigh is amended by striking the item relating to section #ejb and inserting the following new items3 #ejb4 ,emergency authority for access to call detail records4#ejc4 ,congressional oversight4 4 7#c7 ,conforming amendment ,section #ajb7;b7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ej ,u4,s4,c4 #ahje note7 is amended by striking sections #eja1 #ejb1 and and inserting title ,v and section4 #ajb4 ,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 #bjaj through #bjac 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 #bjaj through #bjac1 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 #bjaj through #bjac ,not later than ,december #ca1 #bjad1 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 #bjaj through #bjac4 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 #bjaj1 and ending on ,december #ca1 #bjac1 the ,inspector ,general of the ,intelligence ,community shall-- 7,a7 assess 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 examine the manner in which that information was collected1 retained1 analyzed1 and disseminated by the intelligence community2 7,c7 describe any noteworthy facts or circumstances relating to orders under such title2 7,d7 examine any minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons2 and 7,e7 examine any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section #ajc7;a7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;a774 7#b7 ,submission date for assessment ,not later than ,december #ca1 #bjad1 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 #bjaj through #bjac4 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 subsection 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 ,,ii ,,fisa pen register and trap and trace device reforms #bja4 ,privacy protections for pen registers and trap and trace devices 7a7 ,application ,section #djb7;c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdb7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 and 7#b7 by striking paragraph 7#b7 and inserting the following new paragraphs3 7#b7 a statement of facts showing that there are reasonable grounds to believe that the information sought-- 7,a7 is relevant and material to an authorized investigation to obtain foreign intelligence information not concerning a ,united ,states person or to protect against international terrorism or clandestine intelligence activities 7other than a threat assessment71 provided that such investigation of a ,united ,states person is not conducted solely upon the basis of activities protected by the ,first ,amendment to the ,constitution of the ,united ,states2 and 7,b7 pertain to-- 7i7 a foreign power or an agent of a foreign power2 7ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7iii7 an individual in contact with1 or known to1 a suspected agent of a foreign power2 and 7#c7 a statement of proposed minimization procedures4 4 7b7 ,minimization 7#a7 ,definition ,section #dja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda7 is amended by adding at the end the following new paragraph3 7#d7 ,the term minimization procedures means-- 7,a7 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 device1 to minimize the acquisition and retention1 and prohibit the dissemination1 of nonpublicly available information concerning unconsenting ,united ,states persons consistent with the need of the ,united ,states to obtain1 produce1 and disseminate foreign intelligence information2 7,b7 procedures that require that nonpublicly available information1 which is not foreign intelligence information1 as defined in section #aja7;e77#a71 shall not be disseminated in a manner that identifies any ,united ,states person1 without such person's consent1 unless such person's identity is necessary to understand foreign intelligence information or assess its importance2 and 7,c7 notwithstanding subparagraphs 7,a7 and 7,b71 procedures that allow for the retention and dissemination of information that is evidence of a crime which has been1 is being1 or is about to be committed and that is to be retained or disseminated for law enforcement purposes4 4 7#b7 ,procedures required ,section #djb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdb7 is amended-- 7,a7 in subsection 7d7-- 7i7 in paragraph 7#a71 by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title before the period at the end2 and 7ii7 in paragraph 7#b77;,b7-- 7,i7 in clause 7ii77,,ii71 by striking and after the semicolon2 and 7,,ii7 by adding at the end the following new clause3 7iv7 the minimization procedures be followed2 and 2 and 7,b7 by adding at the end the following new subsection3 7h7 ,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 section1 the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning ,united ,states persons was acquired1 retained1 or disseminated4 4 7#c7 ,emergencies ,section #djc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdc7 is amended-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 and 7,b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,if the ,attorney ,general authorizes the emergency installation and use of a pen register or trap and trace device under this section1 the ,attorney ,general shall require that minimization procedures required by this title for the issuance of a judicial order be followed4 4 7#d7 ,use of information ,section #dje7;a77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahde7;a77#a77 is amended by inserting and the minimization procedures required under the order approving such pen register or trap and trace device after of this section4 7c7 ,transition procedures 7#a7 ,orders in effect ,notwithstanding the amendments made by this section1 an order entered under section #djb7;d77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdb7;d77#a77 that is in effect on the effective date of the amendments made by this section shall remain in effect until the expiration of the order4 7#b7 ,extensions ,a request for an extension of an order referred to in paragraph 7#a7 shall be subject to the requirements of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 as amended by this ,act4 #bjb4 ,inspector general reports on pen registers and trap and trace devices 7a7 ,audits ,the ,inspector ,general of the ,department of ,justice shall perform comprehensive audits of the effectiveness and use1 including any improper or illegal use1 of pen registers and trap and trace devices under title ,,iv of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda et seq47 during the period beginning on ,january #a1 #bjaj1 and ending on ,december #ca1 #bjac4 7b7 ,requirements ,the audits required under subsection 7a7 shall include-- 7#a7 an examination of the use of pen registers and trap and trace devices under such title for calendar years #bjaj through #bjac2 7#b7 an examination of the installation and use of a pen register or trap and trace device on emergency bases under section #djc of such ,act 7#ej ,u4,s4,c4 #ahdc72 7#c7 an examination of any noteworthy facts or circumstances relating to the use of a pen register or trap and trace device under such title1 including any improper or illegal use of the authority provided under such title2 and 7#d7 an examination of the effectiveness of the authority under such title as an investigative tool1 including-- 7,a7 the importance of the information acquired to the intelligence activities of the ,federal ,bureau of ,investigation2 7,b7 the manner in which the information is collected1 retained1 analyzed1 and disseminated by the ,federal ,bureau of ,investigation1 including any direct access to the information provided to any other department1 agency1 or instrumentality of ,federal1 ,state1 local1 or tribal governments or any private sector entity2 7,c7 whether1 and how often1 the ,federal ,bureau of ,investigation used information acquired under a pen register or trap and trace device under such title to produce an analytical intelligence product for distribution within the ,federal ,bureau of ,investigation1 to the intelligence community1 or to another department1 agency1 or instrumentality of ,federal1 ,state1 local1 or tribal governments2 and 7,d7 whether1 and how often1 the ,federal ,bureau of ,investigation provided information acquired under a pen register or trap and trace device under such title to law enforcement authorities for use in criminal proceedings4 7c7 ,report ,not later than ,december #ca1 #bjad1 the ,inspector ,general of the ,department of ,justice shall submit to the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate and the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a report containing the results of the audits conducted under subsection 7a7 for calendar years #bjaj through #bjac4 7d7 ,intelligence assessment 7#a7 ,in general ,for the period beginning ,january #a1 #bjaj1 and ending on ,december #ca1 #bjac1 the ,inspector ,general of the ,intelligence ,community shall-- 7,a7 assess the importance of the information to the activities of the intelligence community2 7,b7 examine the manner in which the information was collected1 retained1 analyzed1 and disseminated2 7,c7 describe any noteworthy facts or circumstances relating to orders under title ,,iv of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda et seq472 and 7,d7 examine any minimization procedures used by elements of the intelligence community in relation to pen registers and trap and trace devices under title ,,iv of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda et seq47 and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons4 7#b7 ,submission dates for assessment ,not later than ,december #ca1 #bjad1 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 #bjaj through #bjac4 7e7 ,prior notice to attorney general and director of national intelligence2 comments 7#a7 ,notice ,not later than #cj days before the submission of any report under subsection 7c7 or 7d71 the ,inspector ,general of the ,department of ,justice and the ,inspector ,general of the ,intelligence ,community shall provide the report to the ,attorney ,general and the ,director of ,national ,intelligence4 7#b7 ,comments ,the ,attorney ,general or the ,director of ,national ,intelligence may provide such comments to be included in any report submitted under subsection 7c7 or 7d7 as the ,attorney ,general or the ,director of ,national ,intelligence may consider necessary4 7f7 ,unclassified form ,each report submitted under subsection 7c7 and any comments included in that report under subsection 7e77#b7 shall be in unclassified form1 but may include a classified annex4 7g7 ,definitions ,in this section-- 7#a7 the terms ,attorney ,general1 foreign intelligence information1 and ,united ,states person have the meanings given those terms in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja72 7#b7 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 #cjjc72 7#c7 the term minimization procedures has the meaning given that term in section #dja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda71 as amended by this ,act2 and 7#d7 the terms pen register and trap and trace device have the meanings given those terms in section #cabg of title #ah1 ,united ,states ,code4 ,,iii ,,fisa acquisitions targeting persons outside the ,united ,states reforms #cja4 ,clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications of ,united ,states persons ,section #gjb7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7b77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and indenting such subparagraphs1 as so redesignated1 an additional two ems from the left margin2 7#b7 by striking ,an acquisition and inserting the following3 7#a7 ,in general ,an acquisition 2 and 7#c7 by adding at the end the following new paragraph3 7#b7 ,clarification on prohibition on searching of collections of communications of ,united ,states persons 7,a7 ,in general ,except as provided in subparagraph 7,b71 no officer or employee of the ,united ,states may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular ,united ,states person 7other than a corporation74 7,b7 ,concurrent authorization and exception for emergency situations ,subparagraph 7,a7 shall not apply to a search for communications related to a particular ,united ,states person if-- 7i7 such ,united ,states person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section #aje1 #cjd1 #gjc1 #gjd1 or #gje1 or title #ah1 ,united ,states ,code1 for the effective period of that order2 7ii7 the entity carrying out the search has a reasonable belief that the life or safety of such ,united ,states person is threatened and the information is sought for the purpose of assisting that person2 or 7iii7 such ,united ,states person has consented to the search4 4 #cjb4 ,protection against collection of wholly domestic communications 7a7 ,in general ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7 is amended-- 7#a7 in subsection 7d77#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 limit the acquisition of the contents of any communication to those communications-- 7i7 to which any party is a target of the acquisition2 or 7ii7 that contain an account identifier of a target of an acquisition1 only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction4 2 and 7#b7 in subsection 7i77#b77;,b7-- 7,a7 in clause 7i71 by striking 2 and and inserting a semicolon2 7,b7 in clause 7ii71 by striking the period and inserting 2 and2 and 7,c7 by adding at the end the following new clause3 7iii7 limit the acquisition of the contents of any communication to those communications-- 7,i7 to which any party is a target of the acquisition2 or 7,,ii7 that contain an account identifier of the target of an acquisition1 only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction4 4 7b7 ,conforming amendment ,section #gja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by inserting international terrorism1 after foreign power12 and 7,b7 by striking and ,united ,states person and inserting ,united ,states person1 and weapon of mass destruction2 and 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraphs 7#a7 through 7#e7 as paragraphs 7#b7 through 7#f71 respectively2 and 7,b7 by inserting before paragraph 7#b71 as so redesignated1 the following new paragraph3 7#a7 ,account identifier ,the term account identifier means a telephone or instrument number1 other subscriber number1 email address1 or username used to uniquely identify an account4 4 7c7 ,effective date ,the amendments made by subsections 7a7 and 7b7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #cjc4 ,prohibition on reverse targeting ,section #gjb7;b77#a77;,b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a71 as redesignated by section #cja7a7 of this ,act1 is amended by striking the purpose and inserting a significant purpose4 #cjd4 ,limits on use of unlawfully obtained information ,section #gjb7;i77#c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7i77#c77 is amended by striking subparagraph 7,b7 and inserting the following new subparagraph3 7,b7 ,correction of deficiencies 7i7 ,in general ,if the ,court finds that a certification required by subsection 7g7 does not contain all of the required elements1 or that the procedures required by subsections 7d7 and 7e7 are not consistent with the requirements of those subsections or the ,fourth ,amendment to the ,constitution of the ,united ,states1 the ,court shall issue an order directing the ,government to1 at the ,government's election and to the extent required by the order of the ,court-- 7,i7 correct any deficiency identified by the order of the ,court not later than #cj days after the date on which the ,court issues the order2 or 7,,ii7 cease1 or not begin1 the implementation of the authorization for which such certification was submitted4 7ii7 ,limitation on use of information 7,i7 ,in general ,except as provided in subclause 7,,ii71 no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under clause 7i7 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 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 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,,ii7 ,exception ,if the ,government corrects any deficiency identified by the order of the ,court under clause 7i71 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 clause4 4 #cje4 ,modification of ,,fisa ,amendments ,act of #bjjh sunset 7a7 ,modification ,section #djc7;b77#a7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #ej ,u4,s4,c4 #ahha note7 is amended by striking ,december #ca1 #bjag and inserting ,june #a1 #bjae4 7b7 ,technical and conforming amendments ,section #djc7;b77#b7 of such ,act 7,public ,law #aaj-bfa2 #abb ,stat4 #bdgd7 is amended by striking ,december #ca1 #bjag and inserting ,june #a1 #bjae4 7c7 ,orders in effect ,section #djd7;b77#a7 of such ,act 7,public ,law #aaj-bfa2 #ej ,u4,s4,c4 #ahja note7 is amended in the paragraph heading by striking ,december #ca1 #bjag and inserting ,june #a1 #bjae4 #cjf4 ,inspector general reviews of authorities 7a7 ,agency assessments ,section #gjb7l77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7l77#b77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking authorized to acquire foreign intelligence information under subsection 7a7 and inserting subject to the targeting or minimization procedures approved under this section2 7#b7 in subparagraph 7,c71 by inserting ,united ,states persons or after later determined to be2 and 7#c7 in subparagraph 7,d7-- 7,a7 in the matter preceding clause 7i71 by striking such review and inserting review conducted under this paragraph2 7,b7 in clause 7ii71 by striking and at the end2 7,c7 by redesignating clause 7iii7 as clause 7iv72 and 7,d7 by inserting after clause 7ii7 the following new clause3 7iii7 the ,inspector ,general of the ,intelligence ,community2 and 4 7b7 ,inspector ,general of the ,intelligence ,community review 7#a7 ,recurring reviews ,section #gjb7l7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7l77 is amended-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,b7 by inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,inspector general of the ,intelligence ,community review 7,a7 ,in general ,the ,inspector ,general of the ,intelligence ,community is authorized to review the acquisition1 use1 and dissemination of information acquired under subsection 7a7 to review compliance with the targeting and minimization procedures adopted in accordance with subsections 7d7 and 7e7 and the guidelines adopted in accordance with subsection 7f71 and in order to conduct the review required under subparagraph 7,b74 7,b7 ,mandatory review ,the ,inspector ,general of the ,intelligence ,community shall review the procedures and guidelines developed by the elements of the intelligence community to implement this section1 with respect to the protection of the privacy rights of ,united ,states persons1 including-- 7i7 an evaluation of the limitations outlined in subsection 7b71 the procedures approved in accordance with subsections 7d7 and 7e71 and the guidelines adopted in accordance with subsection 7f71 with respect to the protection of the privacy rights of ,united ,states persons2 and 7ii7 an evaluation of the circumstances under which the contents of communications acquired under subsection 7a7 may be searched in order to review the communications of particular ,united ,states persons4 7,c7 ,consideration of other reviews and assessments ,in conducting a review under subparagraph 7,b71 the ,inspector ,general of the ,intelligence ,community shall take into consideration1 to the extent relevant and appropriate1 any reviews or assessments that have been completed or are being undertaken under this section4 7,d7 ,public reporting of findings and conclusions ,in a manner consistent with the protection of the national security of the ,united ,states1 and in unclassified form1 the ,inspector ,general of the ,intelligence ,community shall make publicly available a summary of the findings and conclusions of the review conducted under subparagraph 7,b74 4 7#b7 ,report ,not later than ,december #ca1 #bjad1 the ,inspector ,general of the ,intelligence ,community shall submit a report regarding the reviews conducted under paragraph 7#c7 of section #gjb7l7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7l771 as amended by paragraph 7#a7 of this subsection1 to-- 7,a7 the ,attorney ,general2 7,b7 the ,director of ,national ,intelligence2 and 7,c7 consistent with the ,rules of the ,house of ,representatives1 the ,standing ,rules of the ,senate1 and ,senate ,resolution #djj of the #idth ,congress or any successor ,senate resolution-- 7i7 the congressional intelligence committees2 and 7ii7 the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,annual reviews ,section #gjb7l77#d77;,a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7l77#d77;,a771 as redesignated by subsection 7b77#a71 is amended-- 7#a7 in the matter preceding clause 7i7-- 7,a7 in the first sentence-- 7i7 by striking conducting an acquisition authorized under subsection 7a7 and inserting subject to targeting or minimization procedures approved under this section2 and 7ii7 by striking the acquisition and inserting acquisitions under subsection 7a72 and 7,b7 in the second sentence1 by striking acquisitions and inserting information obtained through an acquisition2 and 7#b7 in clause 7iii71 by inserting ,united ,states persons or after later determined to be4 ,,iv ,foreign ,intelligence ,surveillance ,court reforms #dja4 ,office of the ,special ,advocate 7a7 ,establishment ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended by adding at the end the following new title3 ,,ix ,office of the ,special ,advocate #ija4 ,definitions ,in this title3 7#a7 ,decision ,the term decision means a decision1 order1 or opinion issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review4 7#b7 ,foreign ,intelligence ,surveillance ,court2 ,court ,the terms ,foreign ,intelligence ,surveillance ,court and ,court mean the court established under section #ajc7;a7 and the petition review pool established under section #ajc7;e74 7#c7 ,foreign ,intelligence ,surveillance ,court of ,review2 ,court of ,review ,the terms ,foreign ,intelligence ,surveillance ,court of ,review and ,court of ,review mean the court of review established under section #ajc7;b74 7#d7 ,office ,the term ,office means the ,office of the ,special ,advocate established under section #ijb7;a74 7#e7 ,significant construction or interpretation of law ,the term significant construction or interpretation of law means a significant construction or interpretation of a provision1 as that term is construed under section #fja7;c74 7#f7 ,special ,advocate ,the term ,special ,advocate means the ,special ,advocate appointed under section #ijb7;b74 #ijb4 ,office of the ,special ,advocate 7a7 ,establishment ,there is established within the judicial branch of the ,united ,states an ,office of the ,special ,advocate4 7b7 ,special ,advocate 7#a7 ,in general ,the head of the ,office is the ,special ,advocate4 7#b7 ,appointment and term 7,a7 ,appointment ,the ,chief ,justice of the ,united ,states shall appoint the ,special ,advocate from the list of candidates submitted under subparagraph 7,b74 7,b7 ,list of candidates ,the ,privacy and ,civil ,liberties ,oversight ,board shall submit to the ,chief ,justice a list of not less than #e qualified candidates to serve as ,special ,advocate4 ,the ,board shall select candidates for such list whom the ,board believes will be zealous and effective advocates in defense of civil liberties and consider with respect to each potential candidate-- 7i7 the litigation and other professional experience of such candidate2 7ii7 the experience of such candidate in areas of law that the ,special ,advocate is likely to encounter in the course of the duties of the ,special ,advocate2 and 7iii7 the demonstrated commitment of such candidate to civil liberties4 7,c7 ,security ,clearance ,an individual may be appointed ,special ,advocate without regard to whether the individual possesses a security clearance on the date of the appointment4 7,d7 ,term and dismissal ,a ,special ,advocate shall be appointed for a term of #c years and may be removed only for good cause shown1 including the demonstrated inability to qualify for an adequate security clearance4 7,e7 ,reappointment ,there shall be no limit to the number of consecutive terms served by a ,special ,advocate4 ,the reappointment of a ,special ,advocate shall be made in the same manner as appointment of a ,special ,advocate4 7,f7 ,acting ,special ,advocate ,if the position of ,special ,advocate is vacant1 the ,chief ,justice of the ,united ,states may appoint an ,acting ,special ,advocate from among the qualified employees of the ,office4 ,if there are no such qualified employees1 the ,chief ,justice may appoint an ,acting ,special ,advocate from the most recent list of candidates provided by the ,privacy and ,civil ,liberties ,oversight ,board pursuant to subparagraph 7,b74 ,the ,acting ,special ,advocate shall have all of the powers of a ,special ,advocate and shall serve until a ,special ,advocate is appointed4 7#c7 ,employees ,the ,special ,advocate may appoint and terminate and fix the compensation of employees of the ,office without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7c7 ,duties and authorities of the ,special ,advocate 7#a7 ,in general ,the ,special ,advocate-- 7,a7 may consider any request for consultation by a party who has been served with an order or directive issued under this ,act requiring the party to provide information1 facilities1 or assistance to the ,federal ,government2 7,b7 may request to participate in a proceeding before the ,foreign ,intelligence ,surveillance ,court2 7,c7 shall participate in such proceeding if such request is granted2 7,d7 shall participate in a proceeding before the ,court if appointed to participate by the ,court under section #ijc7;a72 7,e7 may request reconsideration of a decision of the ,court under section #ijc7;b72 7,f7 may appeal or seek review of a decision of the ,court or the ,foreign ,intelligence ,surveillance ,court of ,review under section #ijd2 and 7,g7 shall participate in such appeal or review4 7#b7 ,access to applications and decisions 7,a7 ,applications ,the ,attorney ,general shall provide to the ,special ,advocate each application submitted to a judge of the ,foreign ,intelligence ,surveillance ,court under this ,act at the same time as the ,attorney ,general submits such applications4 7,b7 ,decisions ,the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review shall provide to the ,special ,advocate access to each decision of the ,court and the ,court of ,review1 respectively1 issued after the date of the enactment of the ,,usa ,,freedom ,act and all documents and other material relevant to such decision in complete1 unredacted form4 7#c7 ,advocacy ,the ,special ,advocate shall vigorously advocate before the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review1 as appropriate1 in support of legal interpretations that protect individual privacy and civil liberties4 7#d7 ,outside counsel ,the ,special ,advocate may delegate to a competent outside counsel who has or is able to obtain an appropriate security clearance any duty or responsibility of the ,special ,advocate set out in subparagraph 7,e7 or 7,f7 of paragraph 7#a7 with respect to participation in a matter before the ,court1 the ,court of ,review1 or the ,supreme ,court of the ,united ,states4 7#e7 ,availability of documents and material ,the ,court or the ,court of ,review1 as appropriate1 shall order any agency1 department1 or entity to make available to the ,special ,advocate1 or appropriate outside counsel if the ,special ,advocate has delegated duties or responsibilities to the outside counsel under paragraph 7#d71 any documents or other material necessary to carry out the duties described in paragraph 7#a74 7d7 ,security clearances ,the appropriate departments1 agencies1 and elements of the ,executive branch shall cooperate with the ,office1 to the extent possible under existing procedures and requirements1 to expeditiously provide the ,special ,advocate1 appropriate employees of the ,office1 and outside counsel to whom the ,special ,advocate delegates a duty or responsibility under subsection 7c77#d7 with the security clearances necessary to carry out the duties of the ,special ,advocate4 #ijc4 ,advocacy before the ,foreign ,intelligence ,surveillance ,court 7a7 ,appointment ,to participate 7#a7 ,in general ,the ,foreign ,intelligence ,surveillance ,court may appoint the ,special ,advocate to participate in a proceeding before the ,court4 7#b7 ,standing ,if the ,special ,advocate is appointed to participate in a ,court proceeding pursuant to paragraph 7#a71 the ,special ,advocate shall have standing as a party before the ,court in that proceeding4 7b7 ,reconsideration of a ,foreign ,intelligence ,surveillance ,court decision 7#a7 ,authority to move for reconsideration ,the ,special ,advocate may move the ,court to reconsider any decision of the ,court made after the date of the enactment of the ,,usa ,,freedom ,act by petitioning the ,court not later than #cj days after the date on which all documents and materials relevant to the decision are made available to the ,special ,advocate4 7#b7 ,discretion of the ,court ,the ,court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph 7#a74 7c7 ,amici curiae participation 7#a7 ,motion by the ,special ,advocate ,the ,special ,advocate may file a motion with the ,court to permit and facilitate participation of amici curiae1 including participation in oral argument if appropriate1 in any proceeding4 ,the ,court shall have the discretion to grant or deny such a motion4 7#b7 ,facilitation by the ,foreign ,intelligence ,surveillance ,court ,the ,court may1 sua sponte1 permit and facilitate participation by amici curiae1 including participation in oral argument if appropriate1 in proceedings before the ,court4 7#c7 ,regulations ,not later than #ahj days after the date of the enactment of ,,usa ,,freedom ,act1 the ,court shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae4 #ijd4 ,appellate review 7a7 ,appeal of ,foreign ,intelligence ,surveillance ,court decisions 7#a7 ,authority to appeal ,the ,special ,advocate may appeal any decision of the ,foreign ,intelligence ,surveillance ,court issued after the date of the enactment of the ,,usa ,,freedom ,act not later than #ij days after the date on which the decision is issued4 7#b7 ,standing as appellant ,if the ,special ,advocate appeals a decision of the ,court pursuant to paragraph 7#a71 the ,special ,advocate shall have standing as a party before the ,foreign ,intelligence ,surveillance ,court of ,review in such appeal4 7#c7 ,mandatory review ,the ,court of ,review shall review any ,foreign ,intelligence ,surveillance ,court decision appealed by the ,special ,advocate and issue a decision in such appeal1 unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent4 7#d7 ,standard of review ,the standard for a mandatory review of a ,foreign ,intelligence ,surveillance ,court decision pursuant to paragraph 7#c7 shall be-- 7,a7 de novo with respect to issues of law2 and 7,b7 clearly erroneous with respect to determination of facts4 7#e7 ,amici curiae participation 7,a7 ,in general ,the ,court of ,review shall accept amici curiae briefs from interested parties in all mandatory reviews pursuant to paragraph 7#c7 and shall provide for amici curiae participation in oral argument if appropriate4 7,b7 ,regulations ,not later than #ahj days after the date of the enactment of the ,,usa ,,freedom ,act1 the ,court of ,review shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae4 7b7 ,review of ,foreign ,intelligence ,surveillance ,court of ,review decisions 7#a7 ,authority ,the ,special ,advocate may seek a writ of certiorari from the ,supreme ,court of the ,united ,states for review of any decision of the ,foreign ,intelligence ,surveillance ,court of ,review4 7#b7 ,standing ,in any proceedings before the ,supreme ,court of the ,united ,states relating to a petition of certiorari filed under paragraph 7#a7 and any proceedings in a matter for which certiorari is granted1 the ,special ,advocate shall have standing as a party4 #ije4 ,disclosure 7a7 ,requirement ,to disclose ,the ,attorney ,general shall publicly disclose-- 7#a7 all decisions issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review after ,july #aj1 #bjjc1 that include a significant construction or interpretation of law2 7#b7 any decision of the ,court appealed by the ,special ,advocate pursuant to this title2 and 7#c7 any ,court of ,review decision that is issued after an appeal by the ,special ,advocate4 7b7 ,disclosure described ,for each disclosure required by subsection 7a7 with respect to a decision1 the ,attorney ,general shall make available to the public documents sufficient-- 7#a7 to identify with particularity each legal question addressed by the decision and how such question was resolved2 7#b7 to describe in general terms the context in which the matter arises2 7#c7 to describe the construction or interpretation of any statute1 constitutional provision1 or other legal authority relied on by the decision2 and 7#d7 to indicate whether the decision departed from any prior decision of the ,court or ,court of ,review4 7c7 ,documents described ,the ,attorney ,general shall satisfy the disclosure requirements in subsection 7b7 by-- 7#a7 releasing a ,court or ,court of ,review decision in its entirety or as redacted2 7#b7 releasing a summary of a ,court or ,court of ,review decision2 or 7#c7 releasing an application made to the ,court1 briefs filed before the ,court or the ,court of ,review1 or other materials1 in full or as redacted4 7d7 ,extensive disclosure ,the ,attorney ,general shall release as much information regarding the facts and analysis contained in a decision described in subsection 7a7 or documents described in subsection 7c7 as is consistent with legitimate national security concerns4 7e7 ,timing of disclosure 7#a7 ,decisions issued prior to enactment ,the ,attorney ,general shall disclose a decision issued prior to the date of the enactment of the ,,usa ,,freedom ,act that is required to be disclosed under subsection 7a77#a7 not later than #ahj days after the date of the enactment of such ,act4 7#b7 ,,fisa ,court decisions ,the ,attorney ,general shall release ,court decisions appealed by the ,special ,advocate not later than #cj days after the date on which the appeal is filed4 7#c7 ,,fisa ,court of ,review decisions ,the ,attorney ,general shall release ,court of ,review decisions for which the ,special ,advocate seeks a writ of certiorari not later than #ij days after the date on which the petition is filed4 7f7 ,petition by the ,special ,advocate 7#a7 ,authority to petition ,the ,special ,advocate may petition the ,court or the ,court of ,review to order-- 7,a7 the public disclosure of a decision of the ,court or ,court of ,review1 and documents or other material relevant to such a decision1 previously designated as classified information2 or 7,b7 the release of an unclassified summary of such decisions and documents4 7#b7 ,contents of petition ,each petition filed under paragraph 7#a7 shall contain a detailed declassification proposal or a summary of the decision and documents that the ,special ,advocate proposes to have released publicly4 7#c7 ,role of the ,attorney ,general 7,a7 ,copy of petition ,the ,special ,advocate shall provide to the ,attorney ,general a copy of each petition filed under paragraph 7#a74 7,b7 ,opposition ,the ,attorney ,general may oppose a petition filed under paragraph 7#a7 by submitting any objections in writing to the ,court or the ,court of ,review1 as appropriate1 not later than #ij days after the date such petition was submitted4 7#d7 ,public availability ,not less than #ia days after receiving a petition under paragraph 7#a71 and taking into account any objections from the ,attorney ,general made under paragraph 7#c77;,b71 the ,court or the ,court of ,review1 as appropriate1 shall declassify and make readily available to the public any decision1 document1 or other material requested in such petition1 to the greatest extent possible1 consistent with legitimate national security considerations4 7#e7 ,effective date ,the ,special ,advocate may not file a petition under paragraph 7#a7 until #aha days after the date of the enactment of the ,,usa ,,freedom ,act1 except with respect to a decision appealed by the ,special ,advocate4 #ijf4 ,annual report to ,congress 7a7 ,requirement for annual report ,the ,special ,advocate shall submit to ,congress an annual report on the implementation of this title4 7b7 ,contents ,each annual report submitted under subsection 7a7 shall-- 7#a7 detail the activities of the ,office of the ,special ,advocate2 7#b7 provide an assessment of the effectiveness of this title2 and 7#c7 propose any new legislation to improve the functioning of the ,office or the operation of the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review that the ,special ,advocate considers appropriate4 4 7b7 ,table of contents amendment ,the table of contents in the first section of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as amended by section #aja7;c77#b7 of this ,act1 is further amended by adding at the end the following new items3 ,,title ,,ix--,,office ,,of ,,the ,,special ,a,d,v,o,c,a,t,e,sec4 #ija4 ,definitions4,sec4 #ijb4 ,office of the ,special ,advocate4,sec4 #ijc4 ,advocacy before the ,foreign ,intelligence ,surveillance ,court4,sec4 #ijd4 ,appellate review4,sec4 #ije4 ,disclosure4,sec4 #ijf4 ,annual report to ,congress4 4 #djb4 ,foreign ,intelligence ,surveillance ,court disclosure of opinions ,section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7 is amended-- 7#a7 by redesignating subsections 7g7 and 7h7 as subsections 7h7 and 7i71 respectively2 and 7#b7 by inserting after subsection 7f7 the following new subsection3 7g7 7#a7 ,a judge of the court established under subsection 7a7 who authored an order1 opinion1 or other decision may sua sponte or on motion by a party request that such order1 opinion1 or other decision be made publicly available4 7#b7 ,upon a request under paragraph 7#a71 the presiding judge of the court established under subsection 7a71 in consultation with the other judges of such court1 may direct that such order1 opinion1 or other decision be made publicly available4 7#c7 ,prior to making an order1 opinion1 or other decision of the court established under subsection 7a7 publicly available in accordance with this subsection1 the presiding judge of such court may direct the ,executive branch to review such order1 opinion1 or other decision and redact such order1 opinion1 or other decision as necessary to ensure that properly classified information is appropriately protected4 4 #djc4 ,preservation of rights ,nothing in this title or an amendment made by this title shall be construed-- 7#a7 to provide the ,attorney ,general with authority to prevent the ,,fisa ,court or ,,fisa ,court of ,review from declassifying decisions or releasing information pursuant to this title or an amendment made by this title2 and 7#b7 to eliminate the public's ability to secure information under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act7 or any other provision of law4 ,v ,national security letter reforms #eja4 ,national security letter authority 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking may-- and all that follows through the period at the end and inserting the following3 may request the name1 address1 length of service1 and local and long distance toll billing records of a person or entity if the ,director 7or his designee7 certifies in writing to the wire or electronic communication service provider to which the request is made that--2 and 7,b7 by adding at the end the following new paragraphs3 7#a7 the name1 address1 length of service1 and toll billing records sought are relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities1 provided that such an investigation of a ,united ,states person is not conducted solely on the basis of activities protected by the ,first ,amendment to the ,constitution of the ,united ,states2 and 7#b7 there are reasonable grounds to believe that the name1 address1 length of service1 and toll billing records sought pertain to-- 7,a7 a foreign power or agent of a foreign power2 7,b7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7,c7 an individual in contact with1 or known to1 a suspected agent of a foreign power4 2 and 7#b7 by adding at the end the following new subsection3 7g7 ,for purposes of this subsection1 the terms agent of a foreign power1 foreign power1 international terrorism1 and ,united ,states person have the same meanings as in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 4 7b7 ,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 to read as follows3 #aaad4 ,access to financial records for certain intelligence and protective purposes 7a7 ,authorization 7#a7 ,in general ,the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or ,special ,agent in ,charge in a ,bureau field office1 may issue in writing and cause to be served on a financial institution1 a request requiring the production of-- 7,a7 the name of a customer of the financial institution2 7,b7 the address of a customer of the financial institution2 7,c7 the length of time during which a person has been1 or was1 a customer of the financial institution 7including the start date7 and the type of service provided by the financial institution to the customer2 and 7,d7 any account number or other unique identifier associated with a customer of the financial institution4 7#b7 ,limitation ,a request issued under this subsection may not require the production of records or information not listed in paragraph 7#a74 7b7 ,requirements 7#a7 ,in general ,a request issued under subsection 7a7 shall-- 7,a7 be subject to the requirements of subsections 7d7 through 7g7 of section #bgji of title #ah1 ,united ,states ,code1 in the same manner and to the same extent as those provisions apply with respect to a request under section #bgji7;b7 of title #ah1 ,united ,states ,code1 to a wire or electronic communication service provider2 and 7,b7 include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought-- 7i7 are relevant and material to an authorized investigation 7other than a threat assessment and provided that such an investigation of a ,united ,states person is not conducted solely on the basis of activities protected by the ,first ,amendment to the ,constitution of the ,united ,states7 to-- 7,i7 obtain foreign intelligence information not concerning a ,united ,states person2 or 7,,ii7 protect against international terrorism or clandestine intelligence activities2 and 7ii7 pertain to-- 7,i7 a foreign power or an agent of a foreign power2 7,,ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7,,iii7 an individual in contact with1 or known to1 a suspected agent of a foreign power4 7#b7 ,definitions ,for purposes of this subsection1 the terms agent of a foreign power1 foreign intelligence information1 foreign power1 international terrorism1 and ,united ,states person have the same meanings as in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7c7 ,definition of financial institution ,for purposes of this section 7and sections #aaae and #aaag1 insofar as the sections relate to the operation of this section71 the term financial institution has the same meaning as in subsections 7a77#b7 and 7c77#a7 of section #ecab of title #ca1 ,united ,states ,code1 except that the term shall include only a financial institution any part of which is located inside any ,state or territory of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 or the ,united ,states ,virgin ,islands4 4 7c7 ,national security letter authority for certain consumer report records 7#a7 ,in general ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended-- 7,a7 by striking subsections 7a7 through 7c7 and inserting the following new subsections3 7a7 ,authorization 7#a7 ,in general ,the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or ,special ,agent in ,charge in a ,bureau field office1 may issue in writing and cause to be served on a consumer reporting agency a request requiring the production of-- 7,a7 the name of a consumer2 7,b7 the current and former address of a consumer2 7,c7 the current and former places of employment of a consumer2 and 7,d7 the name and address of any financial institution 7as that term is defined in section #aaja of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdja77 at which a consumer maintains or has maintained an account1 to the extent that the information is in the files of the consumer reporting agency4 7#b7 ,limitation ,a request issued under this subsection may not require the production of a consumer report4 7b7 ,requirements 7#a7 ,in general ,a request issued under subsection 7a7 shall-- 7,a7 be subject to the requirements of subsections 7d7 through 7g7 of section #bgji of title #ah1 ,united ,states ,code1 in the same manner and to the same extent as those provisions apply with respect to a request under section #bgji7;b7 of title #ah1 ,united ,states ,code1 to a wire or electronic communication service provider2 and 7,b7 include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought-- 7i7 are relevant and material to an authorized investigation 7other than a threat assessment and provided that such an investigation of a ,united ,states person is not conducted solely on the basis of activities protected by the ,first ,amendment to the ,constitution of the ,united ,states7 to-- 7,i7 obtain foreign intelligence information not concerning a ,united ,states person2 or 7,,ii7 protect against international terrorism or clandestine intelligence activities2 and 7ii7 pertain to-- 7,i7 a foreign power or an agent of a foreign power2 7,,ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7,,iii7 an individual in contact with1 or known to1 a suspected agent of a foreign power4 7#b7 ,definitions ,in this subsection1 the terms agent of a foreign power1 foreign intelligence information1 foreign power1 international terrorism1 and ,united ,states person have the meaning given such terms in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 2 7,b7 by striking subsections 7f7 through 7h72 and 7,c7 by redesignating subsections 7d71 7e71 7i71 7j71 7k71 7l71 and 7m7 as subsections 7c71 7d71 7e71 7f71 7g71 7h71 and 7i71 respectively4 7#b7 ,repeal ,section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is repealed4 #ejb4 ,limitations on disclosure of national security letters 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji of title #ah1 ,united ,states ,code1 is amended by striking subsection 7c7 and inserting the following new subsection3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7d7 is provided1 no wire or electronic communication service provider1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7b71 shall disclose to any person that the ,director of the ,federal ,bureau of ,investigation has sought or obtained access to information or records under this section4 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or a ,special ,agent in ,charge of a ,bureau field office1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 endangering the life or physical safety of any person2 7ii7 flight from investigation or prosecution2 7iii7 destruction of or tampering with evidence2 7iv7 intimidation of potential witnesses2 7v7 interference with diplomatic relations2 7vi7 alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 or 7vii7 otherwise seriously endangering the national security of the ,united ,states4 7#b7 ,exception 7,a7 ,in general ,a wire or electronic communication service provider1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7b7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7b7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the ,director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,termination ,in the case of any request for which a recipient has submitted a notification or filed a petition for judicial review under paragraph 7#c77;,b71 if the facts supporting a nondisclosure requirement cease to exist1 an appropriate official of the ,federal ,bureau of ,investigation shall promptly notify the wire or electronic service provider1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect4 4 7b7 ,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 #cdad71 as amended by section #eja7;b7 of this ,act1 is further amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7d7 is provided1 no financial institution1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a7 shall disclose to any person that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or a ,special ,agent in ,charge of a ,bureau field office1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 endangering the life or physical safety of any person2 7ii7 flight from investigation or prosecution2 7iii7 destruction of or tampering with evidence2 7iv7 intimidation of potential witnesses2 7v7 interference with diplomatic relations2 7vi7 alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 or 7vii7 otherwise seriously endangering the national security of the ,united ,states4 7#b7 ,exception 7,a7 ,in general ,a financial institution1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the ,director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,termination ,in the case of any request for which a financial institution has submitted a notification or filed a petition for judicial review under paragraph 7#c77;,b71 if the facts supporting a nondisclosure requirement cease to exist1 an appropriate official of the ,federal ,bureau of ,investigation shall promptly notify the financial institution1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect4 4 7c7 ,identity of financial institutions and credit reports ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau71 as amended by section #eja7;c7 of this ,act1 is further amended by striking subsection 7c7 7as redesignated by section #eja7;c77#a77;,d7 of this ,act7 and inserting the following new subsection3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7d7 is provided1 no consumer reporting agency1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a7 shall disclose or specify in any consumer report1 that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under subsection 7a7 or 7b74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or a ,special ,agent in ,charge of a ,bureau field office1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 endangering the life or physical safety of any person2 7ii7 flight from investigation or prosecution2 7iii7 destruction of or tampering with evidence2 7iv7 intimidation of potential witnesses2 7v7 interference with diplomatic relations2 7vi7 alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 or 7vii7 otherwise seriously endangering the national security of the ,united ,states4 7#b7 ,exception 7,a7 ,in general ,a consumer reporting agency1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 or 7b7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the ,director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,termination ,in the case of any request for which a consumer reporting agency has submitted a notification or filed a petition for judicial review under paragraph 7#c77;,b71 if the facts supporting a nondisclosure requirement cease to exist1 an appropriate official of the ,federal ,bureau of ,investigation shall promptly notify the consumer reporting agency1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect4 4 7d7 ,investigations of persons with access to classified information ,section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 is amended by striking subsection 7b7 and inserting the following new subsection3 7b7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7c7 is provided1 no governmental or private entity1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a71 shall disclose to any person that an authorized investigative agency described in subsection 7a7 has sought or obtained access to information under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the head of an authorized investigative agency described in subsection 7a71 or a designee1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 endangering the life or physical safety of any person2 7ii7 flight from investigation or prosecution2 7iii7 destruction of or tampering with evidence2 7iv7 intimidation of potential witnesses2 7v7 interference with diplomatic relations2 7vi7 alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 or 7vii7 otherwise seriously endangering the national security of the ,united ,states4 7#b7 ,exception 7,a7 ,in general ,a governmental or private entity1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the head of the authorized investigative agency described in subsection 7a74 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the head of an authorized investigative agency described in subsection 7a71 or a designee1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the head of the authorized investigative agency or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,termination ,in the case of any request for which a governmental or private entity has submitted a notification or filed a petition for judicial review under paragraph 7#c77;,b71 if the facts supporting a nondisclosure requirement cease to exist1 an appropriate official of the authorized investigative agency described in subsection 7a7 shall promptly notify the governmental or private entity1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect4 4 7e7 ,judicial ,review ,section #ceaa of title #ah1 ,united ,states ,code1 is amended by striking subsection 7b7 and inserting the following new subsection3 7b7 ,nondisclosure 7#a7 ,in general 7,a7 ,notice ,if a recipient of a request for a report1 records1 or other information under section #bgji of this title1 section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau71 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad71 or section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb71 wishes to have a court review a nondisclosure requirement imposed in connection with the request1 the recipient may notify the ,government or file a petition for judicial review in any court described in subsection 7a74 7,b7 ,application ,not later than #cj days after the date of receipt of a notification under subparagraph 7,a71 the ,government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request4 ,an application under this subparagraph may be filed in the district court of the ,united ,states for the judicial district in which the recipient of the order is doing business or in the district court of the ,united ,states for any judicial district within which the authorized investigation that is the basis for the request is being conducted4 ,the applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement4 7,c7 ,consideration ,a district court of the ,united ,states that receives a petition under subparagraph 7,a7 or an application under subparagraph 7,b7 should rule expeditiously1 and shall1 subject to paragraph 7#c71 issue a nondisclosure order that includes conditions appropriate to the circumstances4 7#b7 ,application contents ,an application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph 7#a7 shall include a certification from the ,attorney ,general1 ,deputy ,attorney ,general1 an ,assistant ,attorney ,general1 or the ,director of the ,federal ,bureau of ,investigation1 or in the case of a request by a department1 agency1 or instrumentality of the ,federal ,government other than the ,department of ,justice1 the head or deputy head of the department1 agency1 or instrumentality1 containing a statement of specific facts indicating that the absence of a prohibition of disclosure under this subsection may result in-- 7,a7 endangering the life or physical safety of any person2 7,b7 flight from investigation or prosecution2 7,c7 destruction of or tampering with evidence2 7,d7 intimidation of potential witnesses2 7,e7 interference with diplomatic relations2 7,f7 alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 or 7,g7 otherwise seriously endangering the national security of the ,united ,states4 7#c7 ,standard ,a district court of the ,united ,states shall issue a nondisclosure requirement order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in-- 7,a7 endangering the life or physical safety of any person2 7,b7 flight from investigation or prosecution2 7,c7 destruction of or tampering with evidence2 7,d7 intimidation of potential witnesses2 7,e7 interference with diplomatic relations2 7,f7 alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 or 7,g7 otherwise seriously endangering the national security of the ,united ,states4 4 #ejc4 ,judicial review 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji of title #ah1 ,united ,states ,code1 as amended by section #eja7;a7 of this ,act1 is further amended-- 7#a7 by redesignating subsections 7d71 7e71 7f71 and 7g7 as subsections 7e71 7f71 7g71 and 7h71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,judicial review 7#a7 ,in general ,a request under subsection 7b7 or a non-disclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa4 7#b7 ,notice ,a request under subsection 7b7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7b7 ,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 #cdad71 as amended by section #ejb7;b7 of this ,act1 is further amended-- 7#a7 by redesignating subsection 7d7 7as redesignated by such section #ejb7;b77 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or a non-disclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7c7 ,identity of financial institutions and credit reports ,section #fbf of the ,right to ,financial ,privacy ,act 7#ae ,u4,s4,c4 #afhau71 as amended by section #ejb7;c7 of this ,act1 is further amended-- 7#a7 by redesignating subsections 7d7 through 7i7 7as redesignated by such section #ejb7;c77 as subsections 7e7 through 7j71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or a non-disclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7d7 ,investigations of persons with access to classified information ,section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 is amended-- 7#a7 by redesignating subsections 7c7 through 7e7 as subsections 7d7 through 7f71 respectively2 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or a non-disclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 #ejd4 ,inspector general reports on national security letters ,section #aai of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #abj ,stat4 #bai7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting and calendar years #bjaj through #bjac after #bjjf2 and 7,b7 in paragraph 7#c77;,c71 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 #bjaj through #bjac ,not later than ,december #ca1 #bjad1 the ,inspector ,general of the ,department of ,justice shall submit to the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate a report containing the results of the audit conducted under subsection 7a7 for calendar years #bjaj through #bjac4 2 7#c7 by striking subsection 7g7 and inserting the following new subsection3 7h7 ,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 ,national security letter ,the term national security letter means a request for information under-- 7,a7 section #bgji7;b7 of title #ah1 ,united ,states ,code 7to access certain communication service provider records72 7,b7 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a77 7to obtain financial institution customer records72 7,c7 section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 7to obtain financial information1 records1 and consumer reports72 or 7,d7 section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 7to obtain certain financial information and consumer reports74 7#c7 ,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 2 7#d7 by redesignating subsections 7d71 7e71 and 7f7 as subsections 7e71 7f71 and 7g71 respectively2 7#e7 by inserting after subsection 7c7 the following new subsection3 7d7 ,intelligence assessment 7#a7 ,in general ,for the period beginning on ,january #a1 #bjaj1 and ending on ,december #ca1 #bjac1 the ,inspector ,general of the ,intelligence ,community shall-- 7,a7 examine the use of national security letters by the intelligence community during the period2 7,b7 describe any noteworthy facts or circumstances relating to the use of national security letters by the intelligence community1 including any improper or illegal use of such authority2 7,c7 assess the importance of information received under the national security letters to the activities of the intelligence community2 and 7,d7 examine the manner in which information received under the national security letters was collected1 retained1 analyzed1 and disseminated4 7#b7 ,submission date for assessment ,not later than ,december #ca1 #bjad1 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 #bjaj through #bjac4 2 7#f7 in subsection 7e71 as redesignated by paragraph 7#d7-- 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 subsection 7c77#a7 or 7c77#b7 and inserting any report submitted under subsection 7c7 or 7d72 and 7#g7 in subsection 7f71 as redesignated by paragraph 7#d7-- 7,a7 by striking ,the reports submitted under subsections 7c77#a7 or 7c77#b7 and inserting ,each report submitted under subsection 7c72 and 7,b7 by striking subsection 7d77#b7 and inserting subsection 7e77#b74 #eje4 ,national security letter sunset 7a7 ,repeal ,effective on ,june #a1 #bjae-- 7#a7 section #bgji of title #ah1 ,united ,states ,code1 is amended to read as such provision read on ,october #be1 #bjja2 7#b7 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77 is amended to read as such provision read on ,october #be1 #bjja2 7#c7 subsections 7a7 and 7b7 of section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 are amended to read as subsections 7a7 and 7b71 respectively1 of the second of the #b sections designated as section #fbd of such ,act 7#ae ,u4,s4,c4 #afhau7 7relating to disclosure to the ,federal ,bureau of ,investigation for counterintelligence purposes71 as added by section #fja of the ,intelligence ,authorization ,act for ,fiscal ,year #aiif 7,public ,law #ajd-ic2 #aji ,stat4 #igd71 read on ,october #be1 #bjja2 and 7#d7 section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 is amended to read as such provision read on ,october #be1 #bjja4 7b7 ,transition provision ,notwithstanding subsection 7a71 the provisions of law referred to in subsection 7a71 as in effect on ,may #ca1 #bjae1 shall continue to apply on and after ,june #a1 #bjae1 with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before ,june #a1 #bjae4 #ejf4 ,technical and conforming amendments ,section #ceaa of title #ah1 ,united ,states ,code1 is amended in subsections 7a71 7c71 and 7d71 by striking or #fbg7;a7 each place it appears4 ,,vi ,,fisa and national security letter transparency reforms #fja4 ,third-party reporting on ,,fisa orders and national security letters 7a7 ,in general ,each electronic service provider may report information to the public in accordance with this section about demands and requests for information made by any ,government entity under a surveillance law1 and is exempt in accordance with subsection 7d7 from liability with respect to that report1 even if such provider would otherwise be prohibited by a surveillance law from reporting that information4 7b7 ,periodic aggregate reports ,an electronic service provider may report such information not more often than quarterly and only to the following extent3 7#a7 ,estimate of numbers of demands and requests made ,the report may reveal an estimate of the number of the demands and requests described in subsection 7a7 made during the period to which the report pertains4 7#b7 ,estimate of numbers of demands and requests complied with ,the report may reveal an estimate of the numbers of the demands and requests described in subsection 7a7 the electronic service provider complied with during the period to which the report pertains1 regardless of when the demands or requests were made4 7#c7 ,estimate of number of users or accounts ,the report may reveal an estimate of the numbers of users or accounts1 or both1 of the electronic service provider1 for which information was demanded1 requested1 or provided during the period to which the report pertains4 7c7 ,special rules for reports 7#a7 ,level of detail by authorizing surveillance law ,any estimate disclosed under this section may be an overall estimate or broken down by categories of authorizing surveillance laws or by provisions of authorizing surveillance laws4 7#b7 ,level of detail by numerical range ,each estimate disclosed under this section shall be rounded to the nearest #ajj4 ,if an estimate is zero1 an electronic service provider may report the estimate as zero4 7#c7 ,report may be broken down by periods not less than calendar quarters ,for any reporting period1 an electronic service provider may break down the report by calendar quarters or any other time periods greater than a calendar quarter4 7d7 ,limitation on liability ,an electronic service provider making a report that the electronic service provider reasonably believes in good faith is authorized by this section is not criminally or civilly liable in any court for making the report4 7e7 ,rule of construction ,nothing in this section shall be construed to prohibit disclosures other than those authorized by this section4 7f7 ,definitions ,in this section3 7#a7 ,electronic service provider ,the term electronic service provider means an electronic communications service provider 7as that term is defined in section #beaj of title #ah1 ,united ,states ,code7 or a remote computing service provider 7as that term is defined in section #bgaa of title #ah1 ,united ,states ,code74 7#b7 ,surveillance law ,the term surveillance law means any provision of any of the following3 7,a7 ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7,b7 ,section #hjb7;a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dcf7;a774 7,c7 ,section #bgji of title #ah1 ,united ,states ,code4 7,d7 ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a774 7,e7 ,subsection 7a7 or 7b7 of section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7a71 #afhau7b774 7,f7 ,section #fbg7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7a77 7as in effect on the day before the date of the enactment of this ,act74 #fjb4 ,government reporting on ,,fisa orders 7a7 ,electronic surveillance 7#a7 ,report of electronic surveillance ,section #ajg of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjg7 is amended-- 7,a7 by redesignating subsections 7a7 and 7b7 as paragraphs 7#a7 and 7#b71 respectively2 7,b7 in the matter preceding paragraph 7#a7 7as redesignated by subparagraph 7,a7 of this paragraph7-- 7i7 by striking ,in ,april and inserting 7a7 ,in ,april2 and 7ii7 by striking ,congress and inserting the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate2 7,c7 in subsection 7a7 7as designated by subparagraph 7,b7 of this paragraph7-- 7i7 in paragraph 7#a7 7as redesignated by subparagraph 7,a7 of this paragraph71 by striking 2 and and inserting a semicolon2 7ii7 in paragraph 7#b7 7as so redesignated71 by striking the period and inserting a semicolon2 and 7iii7 by adding at the end the following new paragraphs3 7#c7 the total number of individuals who were subject to electronic surveillance conducted under an order entered under this title1 rounded to the nearest #ajj2 and 7#d7 the total number of ,united ,states persons who were subject to electronic surveillance conducted under an order entered under this title1 rounded to the nearest #ajj4 2 and 7,d7 by adding at the end the following new subsection3 7b7 7#a7 ,each report required under subsection 7a7 shall be submitted in unclassified form4 7#b7 ,not later than #g days after a report is submitted under subsection 7a71 the ,attorney ,general shall make such report publicly available4 4 7#b7 ,congressional oversight ,section #ajh7;a77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjh7 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 ,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 ,senate4 7b7 ,physical searches ,section #cjf of the ,foreign ,intelligence ,surveillance ,act of #aigh 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 ,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 ,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 #djf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdf7 is amended-- 7#a7 in subsection 7b7-- 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 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#c72 7#f7 a good faith estimate of the total number of individuals who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title1 rounded to the nearest #ajj2 7#g7 a good faith estimate of the total number of ,united ,states persons who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title1 rounded to the nearest #ajj2 and 7#h7 a good faith estimate of the total number of ,united ,states persons who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title and whose information acquired by such pen register or trap and trace device was subsequently reviewed or accessed by a ,federal officer1 employee1 or agent1 rounded to the nearest #ajj4 2 and 7#b7 by adding at the end the following new subsection3 7c7 7#a7 ,each report required under subsection 7b7 shall be submitted in unclassified form4 7#b7 ,not later than #g days after a report is submitted under subsection 7b71 the ,attorney ,general shall make such report publicly available4 4 7d7 ,access to certain business records and other tangible things ,section #ejc of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as redesignated by section #aja7;c7 of this ,act1 is amended-- 7#a7 in subsection 7a71 by striking ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate and inserting after ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 the ,select ,committee on ,intelligence of the ,senate1 and the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking to the preceding calendar year-- and inserting to the preceding calendar year the following32 7,b7 in paragraph 7#a7-- 7i7 by striking the total and inserting ,the total2 and 7ii7 by striking the semicolon and inserting a period2 7,c7 in paragraph 7#b7-- 7i7 by striking the total and inserting ,the total2 and 7ii7 by striking 2 and and inserting a period2 7,d7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a71 by striking the number and inserting ,the number2 and 7ii7 by adding at the end the following new subparagraphs3 7,f7 ,records concerning electronic communications4 7,g7 ,records concerning wire communications4 2 and 7,e7 by adding at the end the following new paragraphs3 7#d7 ,a description of all other tangible things sought by an application made for the production of any tangible things under section #eja1 and the number of orders under such section #eja granted1 modified1 or denied1 for each tangible thing4 7#e7 ,a description of each order under section #eja granted1 modified1 or denied for the production of tangible things on an ongoing basis4 7#f7 ,each department or agency on whose behalf the ,director of the ,federal ,bureau of ,investigation or a designee of the ,director has made an application for an order requiring the production of any tangible things under section #eja4 7#g7 ,for each department or agency described in paragraph 7#f71 a breakdown of the numbers and descriptions required by paragraphs 7#a71 7#b71 7#c71 7#d71 and 7#e74 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7ii7 in subparagraph 7,b71 by striking the period and inserting a semicolon2 and 7iii7 by adding at the end the following new subparagraphs3 7,c7 a good faith estimate of the total number of individuals whose tangible things were produced under an order entered under section #eja1 rounded to the nearest #ajj2 7,d7 a good faith estimate of the total number of ,united ,states persons whose tangible things were produced under an order entered under section #eja1 rounded to the nearest #ajj2 and 7,e7 a good faith estimate of the total number of ,united ,states persons whose tangible things were produced under an order entered under section #eja and subsequently reviewed or accessed by a ,federal officer1 employee1 or agent1 rounded to the nearest #ajj4 2 and 7,b7 by adding at the end the following new paragraph3 7#c7 ,not later than #g days after the date on which a report is submitted under paragraph 7#a71 the ,attorney ,general shall make such report publicly available4 4 7e7 ,additional procedures regarding certain persons outside the ,united ,states ,section #gjg of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;f7 is amended by adding at the end the following new subsection3 7c7 ,additional annual report 7#a7 ,report required ,in ,april of each year1 the ,attorney ,general shall submit to the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate a report setting forth with respect to the preceding year-- 7,a7 the total number of-- 7i7 directives issued under section #gjb2 7ii7 orders granted under section #gjc2 and 7iii7 orders granted under section #gjd2 7,b7 good faith estimates of the total number of individuals1 rounded to the nearest #ajj1 whose electronic or wire communications or communications records were collected pursuant to-- 7i7 a directive issued under section #gjb2 7ii7 an order granted under section #gjc2 and 7iii7 an order granted under section #gjd2 7,c7 good faith estimates of the total number1 rounded to the nearest #ajj1 of ,united ,states persons whose electronic or wire communications or communications records were collected pursuant to-- 7i7 a directive issued under section #gjb2 7ii7 an order granted under section #gjc2 and 7iii7 an order granted under section #gjd2 and 7,d7 a good faith estimate of the total number of ,united ,states persons whose electronic or wire communications or communications records were collected pursuant to a directive issued under section #gjb and subsequently reviewed or accessed by a ,federal officer1 employee1 or agent1 rounded to the nearest #ajj4 7#b7 ,form ,each report required under paragraph 7#a7 shall be submitted in unclassified form4 7#c7 ,public availability ,not later than #g days after the date on which a report is submitted under paragraph 7#a71 the ,attorney ,general shall make such report publicly available4 4 #fjc4 ,government reporting on national security letters ,section #aah7;c7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ah ,u4,s4,c4 #ceaa note7 is amended to read as follows3 7c7 ,report on requests for national security letters 7#a7 ,classified form 7,a7 ,in general ,not later than ,march #a1 #bjae1 and every #ahj days thereafter1 the ,attorney ,general shall submit to the ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,permanent ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,financial ,services of the ,house of ,representatives a report fully informing the committees concerning the requests made under section #bgji7;a7 of title #ah1 ,united ,states ,code1 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a771 section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau71 or section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 during the applicable period4 7,b7 ,contents ,each report under subparagraph 7,a7 shall include1 for each provision of law described in subparagraph 7,a7-- 7i7 authorized requests under the provision1 including requests for subscriber information2 and 7ii7 the number of authorized requests under the provision-- 7,i7 that relate to a ,united ,states person2 7,,ii7 that relate to a person that is not a ,united ,states person2 7,,iii7 that relate to a person that is-- 7aa7 the subject of an authorized national security investigation2 or 7bb7 an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation2 and 7,,iv7 that relate to a person that is not known to be the subject of an authorized national security investigation4 7#b7 ,unclassified form 7,a7 ,in general ,not later than ,march #a1 #bjae1 and every #ahj days thereafter1 the ,attorney ,general shall submit to the ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,permanent ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,financial ,services of the ,house of ,representatives a report fully informing the committees concerning the aggregate total of all requests identified under paragraph 7#a7 during the applicable period4 ,each report under this paragraph shall be in unclassified form4 7,b7 ,contents ,each report under subparagraph 7,a7 shall include the aggregate total of requests-- 7i7 that relate to a ,united ,states person2 7ii7 that relate to a person that is not a ,united ,states person2 7iii7 that relate to a person that is-- 7,i7 the subject of an authorized national security investigation2 or 7,,ii7 an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation2 and 7iv7 that relate to a person that is not known to be the subject of an authorized national security investigation4 7#c7 ,definitions ,in this subsection3 7,a7 ,applicable period ,the term applicable period means-- 7i7 with respect to the first report submitted under paragraph 7#a7 or 7#b71 the period beginning #ahj days after the date of enactment of the ,,usa ,,freedom ,act and ending on ,december #ca1 #bjad2 and 7ii7 with respect to the second report submitted under paragraph 7#a7 or 7#b71 and each report thereafter1 the #f-month period ending on the last day of the second month before the date for submission of the report4 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 ,,vii ,privacy and ,civil ,liberties ,oversight ,board subpoena authority #gja4 ,privacy and ,civil ,liberties ,oversight ,board subpoena authority ,section #ajfa7;g7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7g77 is amended-- 7#a7 in paragraph 7#a77;,d71 by striking submit a written request to the ,attorney ,general of the ,united ,states that the ,attorney ,general2 7#b7 by striking paragraph 7#b72 and 7#c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c74