H.R. 3361 — Reported in House

IB Union Calendar No. 334 113th CONGRESS 2d Session H. R. 3361 [Report No. 113–452, Parts I and II] IN THE HOUSE OF REPRESENTATIVES October 29, 2013 Mr. Sensenbrenner (for himself, Mr. Conyers, Ms. Lofgren, Mr. Amash, Mr. Nadler, Mr. Roe of Tennessee, Ms. Jackson Lee, Mr. Farr, Mr. Polis, Ms. Chu, Ms. Bass, Mr. Richmond, Mr. Thompson of Mississippi, Ms. DelBene, Mr. Rohrabacher, Mr. Mica, Mr. Young of Alaska, Mr. Petri, Mr. Sanford, Mr. Welch, Mr. Grayson, Mr. Duncan of South Carolina, Ms. Eshoo, Mr. Rokita, Mr. Smith of Missouri, Mr. Stewart, Mr. Amodei, Mr. Yoho, Mr. Jeffries, Ms. Norton, Mr. Deutch, Mr. Scott of Virginia, Mr. Quigley, Mr. Hunter, Mr. Garamendi, Mr. Mullin, Mr. Massie, Ms. Lee of California, Ms. Moore, Mr. Duffy, Ms. Gabbard, Mr. Coble, Mr. Terry, Mr. Graves of Georgia, Mr. Pocan, Mr. O’Rourke, Mr. Labrador, Mr. Huffman, Mr. Gowdy, Mr. Coffman, Mr. Mulvaney, Mr. Burgess, Mr. Issa, Mr. Moran, Mr. Gibson, Mr. Honda, Ms. Speier, Mr. Johnson of Georgia, Mr. Gohmert, Mr. Yoder, Mr. Gene Green of Texas, Mr. Huelskamp, Mr. Capuano, Mr. Bentivolio, Mr. Jones, Mr. Thompson of Pennsylvania, Mr. Buchanan, Mr. Long, Mr. Ellison, Mr. Daines, Mr. Michaud, Mr. Lowenthal, Mr. Pearce, Mr. Poe of Texas, Mr. Bera of California, Mr. Griffin of Arkansas, Mr. Blumenauer, Mr. Schweikert, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Select Committee on Intelligence (Permanent Select) and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned May 15, 2014 Additional sponsors: Mr. Enyart, Mr. Lewis, Ms. Hanabusa, Mr. Farenthold, Ms. McCollum, Mr. Smith of New Jersey, Mr. Horsford, Mr. McClintock, Mr. Tierney, Ms. Pingree of Maine, Ms. Kuster, Mr. McGovern, Mr. Perry, Mr. Larsen of Washington, Mr. Ribble, Ms. Bonamici, Mr. Cummings, Mr. Nugent, Mr. LaMalfa, Ms. Brownley of California, Mr. Carson of Indiana, Mr. Kingston, Mr. Luetkemeyer, Mrs. Noem, Ms. Shea-Porter, Mr. Salmon, Mr. Fleming, Mr. DeFazio, Mr. Vela, Mr. McDermott, Mr. Stockman, Ms. Schakowsky, Mr. Grijalva, Mr. Cicilline, Mr. Courtney, Mr. Messer, Mr. Jordan, Mrs. Capps, Ms. DeLauro, Ms. Matsui, Mr. Broun of Georgia, Mr. Keating, Mr. Weber of Texas, Mr. Schrader, Mr. Austin Scott of Georgia, Mr. Bridenstine, Mr. Kennedy, Mr. Sherman, Mr. Garrett, Mr. Lynch, Mr. Swalwell of California, Mr. Ben Ray Luján of New Mexico, Mr. Duncan of Tennessee, Mr. Guthrie, Mr. Campbell, Mr. Doyle, Ms. Clark of Massachusetts, Mrs. Carolyn B. Maloney of New York, Mr. Tonko, Ms. Tsongas, Mr. Marchant, Mr. Gardner, Mr. Neal, Mrs. Napolitano, Mr. Wilson of South Carolina, Mr. Cohen, Mr. Lance, Mr. Peters of Michigan, Mr. Gosar, Ms. DeGette, Mr. Serrano, Ms. Herrera Beutler, Mr. Goodlatte, and Mr. Wittman May 15, 2014 Reported from the Committee on the Judiciary with an amendment Strike out all after the enacting clause and insert the part printed in italic May 15, 2014 Reported from the Select Committee on Intelligence (Permanent Select) with an amendment Strike out all after the enacting clause and insert the part printed in boldface roman May 15, 2014 The Committee on Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on October 29, 2013 A BILL To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the USA FREEDOM Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. Title I—FISA business records reforms Sec. 101. Additional requirements for call detail records. Sec. 102. Emergency authority. Sec. 103. Prohibition on bulk collection of tangible things. Sec. 104. Judicial review of minimization procedures for the production of tangible things. Sec. 105. Liability protection. Sec. 106. Compensation for assistance. Sec. 107. Definitions. Sec. 108. Inspector general reports on business records orders. Sec. 109. Effective date. Title II—FISA pen register and trap and trace device reform Sec. 201. Prohibition on bulk collection. Sec. 202. Minimization procedures. Title III—FISA acquisitions targeting persons outside the United States reforms Sec. 301. Prohibition on reverse targeting. Sec. 302. Minimization procedures. Sec. 303. Limits on use of unlawfully obtained information. Title IV—Foreign Intelligence Surveillance Court reforms Sec. 401. Appointment of amicus curiae. Sec. 402. Declassification of decisions, orders, and opinions. Title V—National Security Letter reform Sec. 501. Prohibition on bulk collection. Title VI—FISA transparency and reporting requirements Sec. 601. Additional reporting on orders requiring production of business records. Sec. 602. Business records compliance reports to Congress. Sec. 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered. Sec. 604. Public reporting by persons subject to FISA orders. Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. Sec. 606. Submission of reports under FISA. Title VII—Sunsets Sec. 701. Sunsets. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). I FISA business records reforms 101. Additional requirements for call detail records (a) Application Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking a statement and inserting in the case of an application other than an application described in subparagraph (C), a statement; and (B) in clause (iii), by striking ; and and inserting a semicolon; (2) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; and (3) by inserting after subparagraph (B) (as so redesignated) the following new subparagraph: (C) in the case of an application for the production of call detail records created on or after the date of the application, a statement of facts showing that— (i) there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism; and (ii) there are facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power; and . (b) Order Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended— (1) in subparagraph (D), by striking ; and and inserting a semicolon; (2) in subparagraph (E), by striking the period and inserting ; and; and (3) by adding at the end the following new subparagraph: (F) in the case of an application described in subsection (b)(2)(C), shall— (i) authorize the production of call detail records for a period not to exceed 180 days; (ii) provide that an order for such production may be extended upon application under subsection (b) and the judicial finding under paragraph (1); (iii) provide that the Government may require the production of call detail records— (I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and (II) using the results of the production under subclause (I) as the basis for production; (iv) direct each person the Government directs to produce call detail records under the order to furnish the Government forthwith all information, facilities, or technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such person is providing to each subject of the production; and (v) direct the Government to destroy all call detail records produced under the order not later than 5 years after the date of the production of such records, except for records that are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism. . 102. Emergency authority (a) Authority Section 501 (50 U.S.C. 1861) is amended by adding at the end the following new subsection: (i) Emergency authority for production of tangible things (1) Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General— (A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained; (B) reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists; (C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the authority under this subsection; and (D) makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable, but not later than 7 days after the Attorney General requires the emergency production of tangible things under this subsection. (2) If the Attorney General authorizes the emergency production of tangible things under paragraph (1), the Attorney General shall require that the minimization procedures required by this section for the issuance of a judicial order be followed. (3) In the absence of a judicial order approving the production of tangible things under this subsection, the production shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time the Attorney General begins requiring the emergency production of such tangible things, whichever is earliest. (4) A denial of the application made under this subsection may be reviewed as provided in this section. (5) If such application for approval is denied, or in any other case where the production of tangible things is terminated and no order is issued approving the production, no information obtained or evidence derived from such production shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such production shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (6) The Attorney General shall assess compliance with the requirements of paragraph (5). . (b) Conforming amendment Section 501(d) (50 U.S.C. 1861(d)) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required; (B) in subparagraph (A), by striking such order and inserting such order or such emergency production; and (C) in subparagraph (B), by striking the order and inserting the order or the emergency production; and (2) in paragraph (2)— (A) in subparagraph (A), by striking an order and inserting an order or emergency production; and (B) in subparagraph (B), by striking an order and inserting an order or emergency production. 103. Prohibition on bulk collection of tangible things (a) Application Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as amended by section 101(a) of this Act, is further amended by inserting before subparagraph (B), as redesignated by such section 101(a) of this Act, the following new subparagraph: (A) a specific selection term to be used as the basis for the production of the tangible things sought; . (b) Order Section 501(c) (50 U.S.C. 1861(c)) is amended— (1) in paragraph (2)(A), by striking the semicolon and inserting , including each specific selection term to be used as the basis for the production;; and (2) by adding at the end the following new paragraph: (3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection (b)(2). . 104. Judicial review of minimization procedures for the production of tangible things Section 501(c)(1) (50 U.S.C. 1861(c)(1)) is amended by inserting after subsections (a) and (b) the following: and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g). 105. Liability protection Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows: (e) No cause of action shall lie in any court against a person who produces tangible things or provides information, facilities, or technical assistance pursuant to an order issued or an emergency production required under this section. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. . 106. Compensation for assistance Section 501 (50 U.S.C. 1861), as amended by section 102 of this Act, is further amended by adding at the end the following new subsection: (j) Compensation The Government shall compensate, at the prevailing rate, a person for producing tangible things or providing information, facilities, or assistance in accordance with an order issued or an emergency production required under this section. . 107. Definitions Section 501 (50 U.S.C. 1861), as amended by section 106 of this Act, is further amended by adding at the end the following new subsection: (k) Definitions In this section: (1) Call detail record defined The term call detail record— (A) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call; and (B) does not include— (i) the contents of any communication (as defined in section 2510(8) of title 18, United States Code); (ii) the name, address, or financial information of a subscriber or customer; or (iii) cell site location information. (2) Specific selection term The term specific selection term means a term used to uniquely describe a person, entity, or account. . 108. Inspector general reports on business records orders Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109–177; 120 Stat. 200) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2012 through 2014 after 2006; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (D) in paragraph (3) (as so redesignated)— (i) by striking subparagraph (C) and inserting the following new subparagraph: (C) with respect to calendar years 2012 through 2014, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) and whether the minimization procedures adequately protect the constitutional rights of United States persons; ; and (ii) in subparagraph (D), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))); (2) in subsection (c), by adding at the end the following new paragraph: (3) Calendar years 2012 through 2014 Not later than December 31, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2012 through 2014. ; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (4) by inserting after subsection (c) the following new subsection: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2012, and ending on December 31, 2014, the Inspector General of the Intelligence Community shall assess— (A) the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) to the activities of the intelligence community; (B) the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; (C) the minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and (D) any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act (50 U.S.C. 1803(a)). (2) Submission date for assessment Not later than December 31, 2015, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 through 2014. ; (5) in subsection (e), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) and inserting any report under subsection (c) or (d); and (ii) by striking Inspector General of the Department of Justice and inserting Inspector General of the Department of Justice, the Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community that prepares a report to assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in complying with the requirements of this section; and (B) in paragraph (2), by striking the reports submitted under subsections (c)(1) and (c)(2) and inserting any report submitted under subsection (c) or (d); (6) in subsection (f), as redesignated by paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) and inserting Each report submitted under subsection (c); and (B) by striking subsection (d)(2) and inserting subsection (e)(2); and (7) by adding at the end the following new subsection: (g) Definitions In this section: (1) Intelligence community The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (2) United States person The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). . 109. Effective date The amendments made by sections 101 through 103 shall take effect on the date that is 180 days after the date of the enactment of this Act. II FISA pen register and trap and trace device reform 201. Prohibition on bulk collection (a) Prohibition Section 402(c) (50 U.S.C. 1842(c)) is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and . (b) Definition Section 401 (50 U.S.C. 1841) is amended by adding at the end the following new paragraph: (4) The term specific selection term has the meaning given the term in section 501. . 202. Minimization procedures (a) Definition Section 401 (50 U.S.C. 1841), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: (5) The term minimization procedures means— (A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device to minimize the retention and prohibit the dissemination of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (b) Application Section 402(c) (50 U.S.C. 1842(c)), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: (4) a statement of proposed minimization procedures. . (c) Order Section 402(d) (50 U.S.C. 1842(d)) is amended— (1) in paragraph (1), by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title before the period at the end; and (2) in paragraph (2)(B)— (A) in clause (ii)(II), by striking ; and and inserting a semicolon; and (B) by adding at the end the following new clause: (iv) the minimization procedures be followed; and . (d) Compliance assessment Section 402 (50 U.S.C. 1842) is amended by adding at the end the following new subsection: (h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. . III FISA acquisitions targeting persons outside the United States reforms 301. Prohibition on reverse targeting Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is amended by striking the purpose and inserting a purpose. 302. Minimization procedures Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amended— (1) by striking that meet and inserting the following: that— (A) meet ; (2) in subparagraph (A) (as designated by paragraph (1) of this section), by striking the period and inserting ; and; and (3) by adding at the end the following new subparagraph: (B) consistent with such definition, minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States and prohibit the use of any discrete, non-target communication that is determined to be to or from a United States person or a person who appears to be located in the United States, except to protect against an immediate threat to human life. . 303. Limits on use of unlawfully obtained information Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at the end the following new subparagraph: (D) Limitation on use of information (i) In general Except as provided in clause (ii), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under subparagraph (B) concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (ii) Exception If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . IV Foreign Intelligence Surveillance Court reforms 401. Appointment of amicus curiae Section 103 (50 U.S.C. 1803) is amended by adding at the end the following new subsection: (i) Amicus curiae (1) Authorization A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time— (A) shall appoint an individual to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a written finding that such appointment is not appropriate; and (B) may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. (2) Designation The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area of law that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information. (3) Duties An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. (4) Notification The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1). (5) Assistance A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection. (6) Administration A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual appointed to serve as amicus curiae under paragraph (1) in a manner that is not inconsistent with this subsection. . 402. Declassification of decisions, orders, and opinions (a) Declassification Title VI (50 U.S.C. 1871 et seq.) is amended— (1) in the heading, by striking Reporting Requirement and inserting Oversight; and (2) by adding at the end the following new section: 602. Declassification of significant decisions, orders, and opinions (a) Declassification required Subject to subsection (b), the Attorney General shall conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in section 601(e)) that includes a significant construction or interpretation of any provision of this Act and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. (b) Redacted form The Attorney General may satisfy the requirement under subsection (a) to make a decision, order, or opinion described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form. (c) National security waiver The Attorney General may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if the Attorney General— (1) determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and (2) makes publicly available an unclassified summary of such decision, order, or opinion. . (b) Table of contents amendments The table of contents in the first section is amended— (1) by striking the item relating to title VI and inserting the following new item: TITLE VI—OVERSIGHT ; and (2) by inserting after the item relating to section 601 the following new item: Sec. 602. Declassification of significant decisions, orders, and opinions. . V National Security Letter reform 501. Prohibition on bulk collection (a) Counterintelligence access to telephone toll and transactional records Section 2709(b) of title 18, United States Code, is amended in the matter preceding paragraph (1) by striking may and inserting may, using a specific selection term as the basis for a request. (b) Access to financial records for certain intelligence and protective purposes Section 1114(a)(2) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the period and inserting and a specific selection term to be used as the basis for the production and disclosure of financial records.. (c) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626(a) of the Fair Credit Reporting Act (15 U.S.C. 1681u(a)) is amended by striking that information, and inserting that information that includes a specific selection term to be used as the basis for the production of that information,. (d) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)) is amended by striking analysis. and inserting analysis and a specific selection term to be used as the basis for the production of such information.. (e) Definitions (1) Counterintelligence Access to Telephone Toll and Transactional Records Section 2709 of title 18, United States Code, is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861). . (2) Access to financial records for certain intelligence and protective purposes Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended by adding at the end the following new subsection: (e) In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861). . (3) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by adding at the end the following new subsection: (n) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861). . (4) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861). . VI FISA transparency and reporting requirements 601. Additional reporting on orders requiring production of business records Section 502(b) (50 U.S.C. 1862(b)) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (5), (6), and (7), respectively; and (2) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: (1) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things; (2) the total number of such orders either granted, modified, or denied; (3) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records; (4) the total number of such orders either granted, modified, or denied; . 602. Business records compliance reports to Congress (a) Business records productions Section 502(b) (50 U.S.C. 1862(b)), as amended by section 601 of this Act, is further amended— (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) any compliance reviews conducted by the Federal Government of the production of tangible things under section 501; . (b) FISA authorities in general Section 601(a) (50 U.S.C. 1871(a)) is amended— (1) in paragraph (4), by striking ; and and inserting a semicolon; (2) in paragraph (5), by striking the period and inserting ; and; and (3) by adding at the end the following new paragraph: (6) any compliance reviews conducted by the Federal Government of electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, or acquisitions conducted under this Act. . 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered (a) In general Title VI (50 U.S.C. 1871 et seq.), as amended by section 402 of this Act, is further amended by adding at the end the following new section: 603. Annual report on orders entered The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and make publicly available on an Internet website— (1) the number of orders entered under each of sections 105, 304, 402, 501, 702, 703, and 704; (2) the number of orders modified under each of those sections; (3) the number of orders denied under each of those sections; and (4) the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae. . (b) Table of contents amendment The table of contents in the first section, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by such section 402, the following new item: Sec. 603. Annual report on orders entered. . 604. Public reporting by persons subject to FISA orders (a) In general Title VI (50 U.S.C. 1871 et seq.), as amended by section 603 of this Act, is further amended by adding at the end the following new section: 604. Public reporting by persons subject to orders (a) Reporting A person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures: (1) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 1000 starting with 0-999. (C) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999. (D) The number of orders under this Act for content, reported in bands of 1000 starting with 0-999. (E) With respect to content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under title I; and (ii) the number of customer selectors targeted under orders under title VII. (F) The number of orders under this Act for non-content, reported in bands of 1000 starting with 0-999. (G) With respect to non-content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under— (I) title I; (II) title IV; (III) title V with respect to applications described in section 501(b)(2)(B); and (IV) title V with respect to applications described in section 501(b)(2)(C); and (ii) the number of customer selectors targeted under orders under title VII. (2) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The total number of all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (C) The total number of customer selectors targeted under all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (3) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 500 starting with 0-499. (C) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499. (D) The number of orders under this Act for content, reported in bands of 500 starting with 0-499. (E) The number of customer selectors targeted under such orders, in bands of 500 starting with 0-499. (F) The number of orders under this Act for non-content, reported in bands of 500 starting with 0-499. (G) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499. (b) National security letter defined The term national security letter means any of the following provisions: (1) Section 2709 of title 18, United States Code. (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)). (3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)). (4) Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)). . (b) Table of contents amendment The table of contents in the first section, as amended by section 603 of this Act, is further amended by inserting after the item relating to section 603, as added by section 603 of this Act, the following new item: Sec. 604. Public reporting by persons subject to orders. . 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) (50 U.S.C. 1871(c)) is amended to read as follows: (1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion that includes a significant construction or interpretation of any provision of this Act or a denial of a request for an order or a modification of a request for an order, or results in a change of application of any provision of this Act or a new application of any provision of this Act— (A) a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and (B) with respect to such decision, order, or opinion, a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and . 606. Submission of reports under FISA (a) Electronic surveillance Section 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate. (b) Physical searches Section 306 (50 U.S.C. 1826) is amended— (1) in the first sentence, by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and (2) in the second sentence, by striking and the Committee on the Judiciary of the House of Representatives. (c) Pen register and trap and trace devices Section 406(b) (50 U.S.C. 1846(b)) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (4) each department or agency on behalf of which the Government has made application for orders approving the use of pen registers or trap and trace devices under this title; and (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3). . (d) Access to certain business records and other tangible things Section 502(a) (50 U.S.C. 1862(a)) is amended by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate. VII Sunsets 701. Sunsets (a) USA PATRIOT Improvement and Reauthorization Act of 2005 Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking June 1, 2015 and inserting December 31, 2017. (b) Intelligence Reform and Terrorism Prevention Act of 2004 Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by striking June 1, 2015 and inserting December 31, 2017. 1. Short title; table of contents (a) Short title This Act may be cited as the USA FREEDOM Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978. Title I—FISA business records reforms Sec. 101. Additional requirements for call detail records. Sec. 102. Emergency authority. Sec. 103. Prohibition on bulk collection of tangible things. Sec. 104. Judicial review of minimization procedures for the production of tangible things. Sec. 105. Liability protection. Sec. 106. Compensation for assistance. Sec. 107. Definitions. Sec. 108. Inspector general reports on business records orders. Sec. 109. Effective date. Title II—FISA pen register and trap and trace device reform Sec. 201. Prohibition on bulk collection. Sec. 202. Minimization procedures. Title III—FISA acquisitions targeting persons outside the United States reforms Sec. 301. Prohibition on reverse targeting. Sec. 302. Minimization procedures. Sec. 303. Limits on use of unlawfully obtained information. Title IV—Foreign Intelligence Surveillance Court reforms Sec. 401. Appointment of amicus curiae. Sec. 402. Declassification of decisions, orders, and opinions. Title V—National Security Letter reform Sec. 501. Prohibition on bulk collection. Title VI—FISA transparency and reporting requirements Sec. 601. Additional reporting on orders requiring production of business records. Sec. 602. Business records compliance reports to Congress. Sec. 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered. Sec. 604. Public reporting by persons subject to FISA orders. Sec. 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court. Sec. 606. Submission of reports under FISA. Title VII—Sunsets Sec. 701. Sunsets. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978 Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). I FISA business records reforms 101. Additional requirements for call detail records (a) Application Section 501(b)(2) (50 U.S.C. 1861(b)(2)) is amended— (1) in subparagraph (A)— (A) in the matter preceding clause (i), by striking a statement and inserting in the case of an application other than an application described in subparagraph (C), a statement; and (B) in clause (iii), by striking ; and and inserting a semicolon; (2) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (D), respectively; and (3) by inserting after subparagraph (B) (as so redesignated) the following new subparagraph: (C) in the case of an application for the production of call detail records created on or after the date of the application, a statement of facts showing that— (i) there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism; and (ii) there are facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power; and . (b) Order Section 501(c)(2) (50 U.S.C. 1861(c)(2)) is amended— (1) in subparagraph (D), by striking ; and and inserting a semicolon; (2) in subparagraph (E), by striking the period and inserting ; and; and (3) by adding at the end the following new subparagraph: (F) in the case of an application described in subsection (b)(2)(C), shall— (i) authorize the production of call detail records for a period not to exceed 180 days; (ii) provide that an order for such production may be extended upon application under subsection (b) and the judicial finding under paragraph (1); (iii) provide that the Government may require the production of call detail records— (I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and (II) using the results of the production under subclause (I) as the basis for production; (iv) direct each person the Government directs to produce call detail records under the order to furnish the Government forthwith all information, facilities, or technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such person is providing to each subject of the production; and (v) direct the Government to destroy all call detail records produced under the order not later than 5 years after the date of the production of such records, except for records that are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism. . 102. Emergency authority (a) Authority Section 501 (50 U.S.C. 1861) is amended by adding at the end the following new subsection: (i) Emergency authority for production of tangible things (1) Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General— (A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained; (B) reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists; (C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the authority under this subsection; and (D) makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable, but not later than 7 days after the Attorney General requires the emergency production of tangible things under this subsection. (2) If the Attorney General authorizes the emergency production of tangible things under paragraph (1), the Attorney General shall require that the minimization procedures required by this section for the issuance of a judicial order be followed. (3) In the absence of a judicial order approving the production of tangible things under this subsection, the production shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time the Attorney General begins requiring the emergency production of such tangible things, whichever is earliest. (4) A denial of the application made under this subsection may be reviewed as provided in this section. (5) If such application for approval is denied, or in any other case where the production of tangible things is terminated and no order is issued approving the production, no information obtained or evidence derived from such production shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such production shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (6) The Attorney General shall assess compliance with the requirements of paragraph (5). . (b) Conforming amendment Section 501(d) (50 U.S.C. 1861(d)) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required; (B) in subparagraph (A), by striking such order and inserting such order or such emergency production; and (C) in subparagraph (B), by striking the order and inserting the order or the emergency production; and (2) in paragraph (2)— (A) in subparagraph (A), by striking an order and inserting an order or emergency production; and (B) in subparagraph (B), by striking an order and inserting an order or emergency production. 103. Prohibition on bulk collection of tangible things (a) Application Section 501(b)(2) (50 U.S.C. 1861(b)(2)), as amended by section 101(a) of this Act, is further amended by inserting before subparagraph (B), as redesignated by such section 101(a) of this Act, the following new subparagraph: (A) a specific selection term to be used as the basis for the production of the tangible things sought; . (b) Order Section 501(c) (50 U.S.C. 1861(c)) is amended— (1) in paragraph (2)(A), by striking the semicolon and inserting , including each specific selection term to be used as the basis for the production;; and (2) by adding at the end the following new paragraph: (3) No order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection (b)(2). . 104. Judicial review of minimization procedures for the production of tangible things Section 501(c)(1) (50 U.S.C. 1861(c)(1)) is amended by inserting after subsections (a) and (b) the following: and that the minimization procedures submitted in accordance with subsection (b)(2)(D) meet the definition of minimization procedures under subsection (g). 105. Liability protection Section 501(e) (50 U.S.C. 1861(e)) is amended to read as follows: (e) No cause of action shall lie in any court against a person who produces tangible things or provides information, facilities, or technical assistance pursuant to an order issued or an emergency production required under this section. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. . 106. Compensation for assistance Section 501 (50 U.S.C. 1861), as amended by section 102 of this Act, is further amended by adding at the end the following new subsection: (j) Compensation The Government shall compensate, at the prevailing rate, a person for producing tangible things or providing information, facilities, or assistance in accordance with an order issued or an emergency production required under this section. . 107. Definitions Section 501 (50 U.S.C. 1861), as amended by section 106 of this Act, is further amended by adding at the end the following new subsection: (k) Definitions In this section: (1) Call detail record defined The term call detail record— (A) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call; and (B) does not include— (i) the contents of any communication (as defined in section 2510(8) of title 18, United States Code); (ii) the name, address, or financial information of a subscriber or customer; or (iii) cell site location information. (2) Specific selection term The term specific selection term means a term used to uniquely describe a person, entity, or account. . 108. Inspector general reports on business records orders Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109–177; 120 Stat. 200) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting and calendar years 2012 through 2014 after 2006; (B) by striking paragraphs (2) and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (2) and (3), respectively; and (D) in paragraph (3) (as so redesignated)— (i) by striking subparagraph (C) and inserting the following new subparagraph: (C) with respect to calendar years 2012 through 2014, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) and whether the minimization procedures adequately protect the constitutional rights of United States persons; ; and (ii) in subparagraph (D), by striking (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))); (2) in subsection (c), by adding at the end the following new paragraph: (3) Calendar years 2012 through 2014 Not later than December 31, 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2012 through 2014. ; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; (4) by inserting after subsection (c) the following new subsection: (d) Intelligence assessment (1) In general For the period beginning on January 1, 2012, and ending on December 31, 2014, the Inspector General of the Intelligence Community shall assess— (A) the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) to the activities of the intelligence community; (B) the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; (C) the minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and (D) any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act (50 U.S.C. 1803(a)). (2) Submission date for assessment Not later than December 31, 2015, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 through 2014. ; (5) in subsection (e), as redesignated by paragraph (3)— (A) in paragraph (1)— (i) by striking a report under subsection (c)(1) or (c)(2) and inserting any report under subsection (c) or (d); and (ii) by striking Inspector General of the Department of Justice and inserting Inspector General of the Department of Justice, the Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community that prepares a report to assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in complying with the requirements of this section; and (B) in paragraph (2), by striking the reports submitted under subsections (c)(1) and (c)(2) and inserting any report submitted under subsection (c) or (d); (6) in subsection (f), as redesignated by paragraph (3)— (A) by striking The reports submitted under subsections (c)(1) and (c)(2) and inserting Each report submitted under subsection (c); and (B) by striking subsection (d)(2) and inserting subsection (e)(2); and (7) by adding at the end the following new subsection: (g) Definitions In this section: (1) Intelligence community The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (2) United States person The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). . 109. Effective date The amendments made by sections 101 through 103 shall take effect on the date that is 180 days after the date of the enactment of this Act. II FISA pen register and trap and trace device reform 201. Prohibition on bulk collection (a) Prohibition Section 402(c) (50 U.S.C. 1842(c)) is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraph: (3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and . (b) Definition Section 401 (50 U.S.C. 1841) is amended by adding at the end the following new paragraph: (4) The term specific selection term has the meaning given the term in section 501. . 202. Minimization procedures (a) Definition Section 401 (50 U.S.C. 1841), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: (5) The term minimization procedures means— (A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device to minimize the retention and prohibit the dissemination of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. . (b) Application Section 402(c) (50 U.S.C. 1842(c)), as amended by section 201 of this Act, is further amended by adding at the end the following new paragraph: (4) a statement of proposed minimization procedures. . (c) Order Section 402(d) (50 U.S.C. 1842(d)) is amended— (1) in paragraph (1), by inserting and that the proposed minimization procedures meet the definition of minimization procedures under this title before the period at the end; and (2) in paragraph (2)(B)— (A) in clause (ii)(II), by striking ; and and inserting a semicolon; and (B) by adding at the end the following new clause: (iv) the minimization procedures be followed; and . (d) Compliance assessment Section 402 (50 U.S.C. 1842) is amended by adding at the end the following new subsection: (h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated. . III FISA acquisitions targeting persons outside the United States reforms 301. Prohibition on reverse targeting Section 702(b)(2) (50 U.S.C. 1881a(b)(2)) is amended by striking the purpose and inserting a purpose. 302. Minimization procedures Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amended— (1) by striking that meet and inserting the following: that— (A) meet ; (2) in subparagraph (A) (as designated by paragraph (1) of this section), by striking the period and inserting ; and; and (3) by adding at the end the following new subparagraph: (B) consistent with such definition, minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States and prohibit the use of any discrete, non-target communication that is determined to be to or from a United States person or a person who appears to be located in the United States, except to protect against an immediate threat to human life. . 303. Limits on use of unlawfully obtained information Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended by adding at the end the following new subparagraph: (D) Limitation on use of information (i) In general Except as provided in clause (ii), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under subparagraph (B) concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (ii) Exception If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), the Court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. . IV Foreign Intelligence Surveillance Court reforms 401. Appointment of amicus curiae Section 103 (50 U.S.C. 1803) is amended by adding at the end the following new subsection: (i) Amicus curiae (1) Authorization A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time— (A) shall appoint an individual to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a written finding that such appointment is not appropriate; and (B) may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate. (2) Designation The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area of law that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information. (3) Duties An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court. (4) Notification The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1). (5) Assistance A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection. (6) Administration A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual appointed to serve as amicus curiae under paragraph (1) in a manner that is not inconsistent with this subsection. . 402. Declassification of decisions, orders, and opinions (a) Declassification Title VI (50 U.S.C. 1871 et seq.) is amended— (1) in the heading, by striking Reporting Requirement and inserting Oversight; and (2) by adding at the end the following new section: 602. Declassification of significant decisions, orders, and opinions (a) Declassification required Subject to subsection (b), the Attorney General shall conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in section 601(e)) that includes a significant construction or interpretation of any provision of this Act and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion. (b) Redacted form The Attorney General may satisfy the requirement under subsection (a) to make a decision, order, or opinion described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form. (c) National security waiver The Attorney General may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if the Attorney General— (1) determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and (2) makes publicly available an unclassified summary of such decision, order, or opinion. . (b) Table of contents amendments The table of contents in the first section is amended— (1) by striking the item relating to title VI and inserting the following new item: TITLE VI—OVERSIGHT ; and (2) by inserting after the item relating to section 601 the following new item: Sec. 602. Declassification of significant decisions, orders, and opinions. . V National Security Letter reform 501. Prohibition on bulk collection (a) Counterintelligence access to telephone toll and transactional records Section 2709(b) of title 18, United States Code, is amended in the matter preceding paragraph (1) by striking may and inserting may, using a specific selection term as the basis for a request. (b) Access to financial records for certain intelligence and protective purposes Section 1114(a)(2) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(2)) is amended by striking the period and inserting and a specific selection term to be used as the basis for the production and disclosure of financial records.. (c) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626(a) of the Fair Credit Reporting Act (15 U.S.C. 1681u(a)) is amended by striking that information, and inserting that information that includes a specific selection term to be used as the basis for the production of that information,. (d) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)) is amended by striking analysis. and inserting analysis and a specific selection term to be used as the basis for the production of such information.. (e) Definitions (1) Counterintelligence Access to Telephone Toll and Transactional Records Section 2709 of title 18, United States Code, is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861). . (2) Access to financial records for certain intelligence and protective purposes Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended by adding at the end the following new subsection: (e) In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861). . (3) Disclosures to FBI of certain consumer records for counterintelligence purposes Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by adding at the end the following new subsection: (n) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861). . (4) Disclosures to governmental agencies for counterterrorism purposes of consumer reports Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by adding at the end the following new subsection: (g) Specific selection term defined In this section, the term specific selection term has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861). . VI FISA transparency and reporting requirements 601. Additional reporting on orders requiring production of business records Section 502(b) (50 U.S.C. 1862(b)) is amended— (1) by redesignating paragraphs (1), (2), and (3) as paragraphs (5), (6), and (7), respectively; and (2) by inserting before paragraph (5) (as so redesignated) the following new paragraphs: (1) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things; (2) the total number of such orders either granted, modified, or denied; (3) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records; (4) the total number of such orders either granted, modified, or denied; . 602. Business records compliance reports to Congress (a) Business records productions Section 502(b) (50 U.S.C. 1862(b)), as amended by section 601 of this Act, is further amended— (1) by redesignating paragraphs (1) through (7) as paragraphs (2) through (8), respectively; and (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) any compliance reviews conducted by the Federal Government of the production of tangible things under section 501; . (b) FISA authorities in general Section 601(a) (50 U.S.C. 1871(a)) is amended— (1) in paragraph (4), by striking ; and and inserting a semicolon; (2) in paragraph (5), by striking the period and inserting ; and; and (3) by adding at the end the following new paragraph: (6) any compliance reviews conducted by the Federal Government of electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, or acquisitions conducted under this Act. . 603. Annual report by the Director of the Administrative Office of the United States Courts on orders entered (a) In general Title VI (50 U.S.C. 1871 et seq.), as amended by section 402 of this Act, is further amended by adding at the end the following new section: 603. Annual report on orders entered The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and make publicly available on an Internet website— (1) the number of orders entered under each of sections 105, 304, 402, 501, 702, 703, and 704; (2) the number of orders modified under each of those sections; (3) the number of orders denied under each of those sections; and (4) the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae. . (b) Table of contents amendment The table of contents in the first section, as amended by section 402 of this Act, is further amended by inserting after the item relating to section 602, as added by such section 402, the following new item: Sec. 603. Annual report on orders entered. . 604. Public reporting by persons subject to FISA orders (a) In general Title VI (50 U.S.C. 1871 et seq.), as amended by section 603 of this Act, is further amended by adding at the end the following new section: 604. Public reporting by persons subject to orders (a) Reporting A person may semiannually publicly report the following information with respect to the preceding half year using one of the following structures: (1) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 1000 starting with 0-999. (C) The number of customer accounts affected by national security letters, reported in bands of 1000 starting with 0-999. (D) The number of orders under this Act for content, reported in bands of 1000 starting with 0-999. (E) With respect to content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under title I; and (ii) the number of customer selectors targeted under orders under title VII. (F) The number of orders under this Act for non-content, reported in bands of 1000 starting with 0-999. (G) With respect to non-content orders under this Act, in bands of 1000 starting with 0-999— (i) the number of customer accounts affected under orders under— (I) title I; (II) title IV; (III) title V with respect to applications described in section 501(b)(2)(B); and (IV) title V with respect to applications described in section 501(b)(2)(C); and (ii) the number of customer selectors targeted under orders under title VII. (2) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The total number of all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (C) The total number of customer selectors targeted under all national security process received, including all national security letters and orders under this Act, reported as a single number in a band of 0-249 and thereafter in bands of 250. (3) A report that aggregates the number of orders or directives the person was required to comply with in the following separate categories: (A) Criminal process, subject to no restrictions. (B) The number of national security letters received, reported in bands of 500 starting with 0-499. (C) The number of customer accounts affected by national security letters, reported in bands of 500 starting with 0-499. (D) The number of orders under this Act for content, reported in bands of 500 starting with 0-499. (E) The number of customer selectors targeted under such orders, in bands of 500 starting with 0-499. (F) The number of orders under this Act for non-content, reported in bands of 500 starting with 0-499. (G) The number of customer selectors targeted under such orders, reported in bands of 500 starting with 0-499. (b) National security letter defined The term national security letter means any of the following provisions: (1) Section 2709 of title 18, United States Code. (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)). (3) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u(a), 1681u(b)). (4) Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)). . (b) Table of contents amendment The table of contents in the first section, as amended by section 603 of this Act, is further amended by inserting after the item relating to section 603, as added by section 603 of this Act, the following new item: Sec. 604. Public reporting by persons subject to orders. . 605. Reporting requirements for decisions of the Foreign Intelligence Surveillance Court Section 601(c)(1) (50 U.S.C. 1871(c)) is amended to read as follows: (1) not later than 45 days after the date on which the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review issues a decision, order, or opinion that includes a significant construction or interpretation of any provision of this Act or a denial of a request for an order or a modification of a request for an order, or results in a change of application of any provision of this Act or a new application of any provision of this Act— (A) a copy of such decision, order, or opinion and any pleadings, applications, or memoranda of law associated with such decision, order, or opinion; and (B) with respect to such decision, order, or opinion, a brief statement of the relevant background factual information, questions of law, legal analysis, and decision rendered; and . 606. Submission of reports under FISA (a) Electronic surveillance Section 108(a)(1) (50 U.S.C. 1808(a)(1)) is amended by striking the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the Senate, and inserting the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate. (b) Physical searches Section 306 (50 U.S.C. 1826) is amended— (1) in the first sentence, by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the Senate, and inserting Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate; and (2) in the second sentence, by striking and the Committee on the Judiciary of the House of Representatives. (c) Pen register and trap and trace devices Section 406(b) (50 U.S.C. 1846(b)) is amended— (1) in paragraph (2), by striking ; and and inserting a semicolon; (2) in paragraph (3), by striking the period and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (4) each department or agency on behalf of which the Government has made application for orders approving the use of pen registers or trap and trace devices under this title; and (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3). . (d) Access to certain business records and other tangible things Section 502(a) (50 U.S.C. 1862(a)) is amended by striking Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and inserting Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate. VII Sunsets 701. Sunsets (a) USA PATRIOT Improvement and Reauthorization Act of 2005 Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking June 1, 2015 and inserting December 31, 2017. (b) Intelligence Reform and Terrorism Prevention Act of 2004 Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note) is amended by striking June 1, 2015 and inserting December 31, 2017. May 15, 2014 Reported from the Committee on the Judiciary with an amendment May 15, 2014 Reported from the Select Committee on Intelligence (Permanent Select) with an amendment May 15, 2014 The Committee on Financial Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed