,i #aacth ,,congress #b;d ,session ,h4 ,r4 #dbia ,,in ,,the ,,house ,,of ,,representatives ,march #be1 #bjad ,mr4 ,rogers of ,michigan 7for himself1 ,mr4 ,miller of ,florida1 ,mr4 ,conaway1 ,mr4 ,king of ,new ,york1 ,mr4 ,lo,biondo1 ,mr4 ,nunes1 ,mr4 ,westmoreland1 ,mrs4 ,bachmann1 ,mr4 ,pompeo1 ,mr4 ,ruppersberger1 ,mr4 ,thompson of ,california1 ,mr4 ,langevin1 and ,ms4 ,sewell of ,alabama7 introduced the following bill2 which was referred to the ,select ,committee on ,intelligence 7,permanent ,select71 and in addition to the ,committee on the ,judiciary1 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 amend the ,foreign ,intelligence ,surveillance ,act of #aigh to prohibit the bulk collection of call detail records1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,fisa ,transparency and ,modernization ,act4 #b4 ,prohibition on bulk collection of call detail records ,section #eja7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 is amended-- 7#a7 in paragraph 7#a71 by striking other items and inserting other items1 but not including call detail records2 and 7#b7 by adding at the end the following new paragraph3 7#d7 ,in this subsection1 the term call detail records means communications routing information1 including an original or terminating telephone number1 an ,international ,mobile ,subscriber ,identity1 an ,international ,mobile ,station ,equipment ,identity1 a trunk identifier1 a telephone calling card number1 the time or duration of a call1 or original or terminating text-message numerical information4 4 #c4 ,prohibition on bulk collection of electronic communications records 7a7 ,in general ,notwithstanding any other provision of law1 the ,federal ,government may not acquire under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 records of any electronic communication without the use of specific identifiers or selection terms4 7b7 ,definition of electronic communications ,in this section1 the term electronic communication has the meaning given such term under section #beaj of title #ah1 ,united ,states ,code4 #d4 ,prohibition on bulk collection of certain business records ,notwithstanding any other provision of law1 the ,federal ,government may not acquire under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 library circulation records1 library patron lists1 book sales records1 book customer lists1 firearm sales records1 tax return records1 educational records1 or medical records containing information that would identify a person without the use of specific identifiers or selection terms4 #e4 ,appointment of amicus curiae ,section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following3 7i7 ,amicus curiae 7#a7 ,authorization ,notwithstanding any other provision of law1 a court established under subsection 7a7 or 7b7 may1 consistent with the requirement of subsection 7c7 and any other statutory requirement that the court act expeditiously or within a stated time1 to appoint amicus curiae to assist the court in the consideration of a covered application4 7#b7 ,designation ,the courts established by subsection 7a7 and 7b7 shall each designate #a or more individuals who have been determined by appropriate executive branch officials to be eligible for access to classified information who may be appointed to serve as amicus curiae4 ,in appointing an amicus curiae pursuant to paragraph 7#a71 the court may choose from among those so designated4 7#c7 ,expertise ,an individual appointed as an amicus curiae under paragraph 7#a7 may be a special counsel or an expert on privacy and civil liberties1 intelligence collection1 telecommunications1 or any other area that may lend legal or technical expertise to the court4 7#d7 ,duties ,an amicus curiae appointed under paragraph 7#a7 to assist with the consideration of a covered application shall carry out the duties assigned by the appointing court4 ,that court may authorize1 to the extent consistent with the case or controversy requirements of article ,,iii of the ,constitution of the ,united ,states and the national security of the ,united ,states1 the amicus curiae to review any application1 certification1 petition1 motion1 or other submission that the court determines is relevant to the duties assigned by the court4 7#e7 ,notification ,a court established under subsection 7a7 or 7b7 shall notify the ,attorney ,general of each exercise of the authority to appoint an amicus curiae under paragraph 7#a74 7#f7 ,assistance ,a court established under subsection 7a7 or 7b7 may request and receive 7including on a non-reimbursable basis7 the assistance of the executive branch in the implementation of this subsection4 7#g7 ,administration ,a court established under subsection 7a7 or 7b7 may provide for the designation1 appointment1 removal1 training1 support1 or other administration of an amicus curiae appointed under paragraph 7#a7 in a manner that is not inconsistent with this subsection4 7#h7 ,congressional oversight ,the ,attorney ,general shall submit to the appropriate committees of ,congress an annual report on the number of notices described in paragraph 7#e7 received by ,attorney ,general for the preceding #ab-month period4 ,each such report shall include the name of each individual appointed as an amicus curiae during such period4 7#i7 ,definitions ,in this subsection3 7,a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate2 and 7ii7 the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7,b7 ,covered application ,the term covered application means an application for an order or review made to a court established under subsection 7a7 or 7b7-- 7i7 that1 in the opinion of such a court1 presents a novel or significant interpretation of the law2 and 7ii7 that is-- 7,i7 an application for an order under this title1 title ,,iii1 ,,iv1 or ,v of this ,act1 or section #gjc or #gjd of this ,act2 7,,ii7 a review of a certification or procedures under section #ejc or #gjb of this ,act2 or 7,,iii7 a notice of non-compliance with any such order1 certification1 or procedures4 4 #f4 ,reporting requirements for decisions of the ,foreign ,intelligence ,surveillance ,court ,section #fja7;c77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga7;c77 is amended to read as follows3 7#a7 not later than #de days after the date on which the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review issues a decision1 order1 or 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 order1 or results in a change of application of any provision of this ,act or a new application of any provision of this ,act-- 7,a7 a copy of such decision1 order1 or opinion and any pleadings1 applications1 or memoranda of law associated with such decision1 order1 or opinion2 and 7,b7 with respect to such decision1 order1 or opinion1 a brief statement of the relevant background factual information1 questions of law1 legal analysis1 and decision rendered2 and 4 #g4 ,declassification of decisions1 orders1 and opinions 7a7 ,declassification ,title ,,vi of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga et seq47 is amended-- 7#a7 in the heading1 by striking ,reporting ,requirement and inserting ,oversight2 and 7#b7 by adding at the end the following new section3 #fjb4 ,declassification of significant decisions1 orders1 and opinions 7a7 ,declassification required ,subject to subsection 7b71 the ,director of ,national ,intelligence shall conduct a declassification review of each decision1 order1 or opinion issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review that includes significant construction or interpretation of any provision of this ,act and1 consistent with that review1 make publicly available to the greatest extent practicable each such decision1 order1 or opinion4 7b7 ,redacted form ,the ,director of ,national ,intelligence may satisfy the requirement under subsection 7a7 to make a decision1 order1 or opinions described in such subsection publicly available to the greatest extent practicable by making such decision1 order1 or opinion publicly available in redacted form4 7c7 ,national security waiver ,the ,director of ,national ,intelligence may waive the requirement to declassify and make publicly available a particular decision1 order1 or opinion under subsection 7a7 if the ,director-- 7#a7 determines that a waiver of such requirement is necessary to protect the national security of the ,united ,states or properly classified intelligence sources or methods2 and 7#b7 makes publicly available an unclassified summary of such decision1 order1 or opinion4 4 7b7 ,table of contents amendments ,the table of contents in the first section of such ,act is amended-- 7#a7 by striking the item relating to title ,,vi and inserting the following new item3 ,,title ,,vi--,,oversight 2 and 7#b7 by inserting after the item relating to section #fja the following new item3 ,sec4 #fjb4 ,declassification of significant decisions1 orders1 and opinions4 4 #h4 ,public reporting on incidental collection of ,united ,states person information ,section #fja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga7 is amended-- 7#a7 by redesignating subsection 7e7 as subsection 7f72 and 7#b7 by inserting after subsection 7d7 the following new subsection3 7e7 ,public reporting on incidental collection of ,united ,states person information ,the ,attorney ,general shall annually make publicly available a report describing the number of identified instances in which the contents of a communication of a ,united ,states person was acquired under this ,act when the acquisition authorized by this ,act that resulted in the collection of such contents could not reasonably have been anticipated to capture such contents4 4 #i4 ,annual reports on violations of law or executive order 7a7 ,in general ,title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 is amended by adding at the end the following3 #eji4 ,annual report on violations of law or executive order 7a7 ,annual reports required ,not later than ,april #a of each year1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a report on violations of law or executive order by personnel of an element of the intelligence community that were identified during the previous calendar year4 7b7 ,elements ,each report required subsection 7a7 shall include a description of any violation of law or executive order 7including ,executive ,order ,no4 #abccc 7#ej ,u4,s4,c4 #cjja note77 by personnel of an element of the intelligence community in the course of such employment that1 during the previous calendar year1 was determined by the director1 head1 general counsel1 or inspector general of any element of the intelligence community to have occurred4 4 7b7 ,clerical amendment ,the table of sections in the first section of the ,national ,security ,act of #aidg is amended by adding after the section relating to section #ejh the following3 ,sec4 #eji4 ,annual report on violations of law or ,executive order4 4 #aj4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence 7a7 ,in general ,title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq471 as amended by section #i1 is further amended by adding at the end the following3 #eaj4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence 7a7 ,head of an element of the intelligence community defined ,in this section1 the term head of an element of the intelligence community means1 as appropriate-- 7#a7 the head of an element of the intelligence community2 or 7#b7 the head of the department or agency containing such element4 7b7 ,review of procedures approved by the ,attorney ,general 7#a7 ,requirement for immediate review ,each head of an element of the intelligence community that has not obtained the approval of the ,attorney ,general for the procedures1 in their entirety1 required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note7 within #e years prior to the date of the enactment of the ,,fisa ,transparency and ,modernization ,act1 shall initiate1 not later than #ahj days after such date of enactment1 a review of the procedures for such element1 in accordance with paragraph 7#c74 7#b7 ,requirement for review ,not less frequently than once every #e years1 each head of an element of the intelligence community shall conduct a review of the procedures approved by the ,attorney ,general for such element that are required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note71 or any successor order1 in accordance with paragraph 7#c74 7#c7 ,requirements for reviews ,in coordination with the ,director of ,national ,intelligence and the ,attorney ,general1 the head of an element of the intelligence community required to perform a review under paragraph 7#a7 or 7#b7 shall-- 7,a7 review existing procedures for such element that are required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note71 or any successor order1 to assess whether-- 7i7 advances in communications or other technologies since the time the procedures were most recently approved by the ,attorney ,general have affected the privacy protections that the procedures afford to ,united ,states persons1 to include the protections afforded to ,united ,states persons whose nonpublic communications are incidentally acquired by an element of the intelligence community2 or 7ii7 aspects of the existing procedures impair the acquisition1 retention1 or dissemination of timely1 accurate1 and insightful information about the activities1 capabilities1 plans1 and intentions of foreign powers1 organization1 and persons1 and their agents2 and 7,b7 propose any modifications to existing procedures for such element in order to-- 7i7 clarify the guidance such procedures afford to officials responsible for the acquisition1 retention1 and dissemination of intelligence2 7ii7 eliminate unnecessary impediments to the acquisition1 retention1 and dissemination of intelligence2 or 7iii7 ensure appropriate protections for the privacy of ,united ,states persons and persons located inside the ,united ,states4 7#d7 ,notice ,the ,director of ,national ,intelligence and the ,attorney ,general shall notify the congressional intelligence committees following the completion of each review required under this section4 7#e7 ,requirement to provide procedures ,upon the implementation of any modifications to procedures required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note71 or any successor order1 the head of the element of the intelligence community to which the modified procedures apply shall promptly provide a copy of the modified procedures to the congressional intelligence committees4 4 7b7 ,clerical amendment ,the table of sections in the first section of the ,national ,security ,act of #aidg1 as amended by section #i1 is further amended by adding after the section relating to section #eji the following3 ,sec4 #eaj4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence4 4 #aa4 ,procedures for targeted acquisitions of terrorist and foreign agent non-content communications records 7a7 ,in general ,title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 is amended by adding at the end the following new section3 #ejc4 ,procedures for targeted acquisitions of terrorist and foreign agent non-content communications records 7a7 ,authorization ,notwithstanding any other provision of law1 upon the issuance of an order in accordance with subsection 7i77#c7 or a determination under subsection 7c77#b71 the ,attorney ,general and the ,director of ,national ,intelligence may authorize jointly1 for a period of up to #a year from the effective date of the authorization1 the acquisition from an electronic communication service provider of records created as a result of communications of an individual or facility who1 based on reasonable and articulable suspicion1 is-- 7#a7 a foreign power or the agent of a foreign power2 7#b7 associated with a foreign power or the agent of a foreign power2 or 7#c7 in contact with1 or known to1 a suspected agent of a foreign power4 7b7 ,limitations ,an acquisition authorized under subsection 7a7 shall be reasonably designed-- 7#a7 not to acquire-- 7,a7 the contents associated with any communication2 7,b7 records of wire or electronic communications without the use of specific identifiers or selection terms2 7,c7 information for an investigation of a ,united ,states person conducted solely upon the basis of activities protected by the first amendment to the ,constitution2 or 7,d7 the name1 address1 social security number1 employer or taxpayer identification number1 date of birth1 or credit card number of any ,united ,states person2 and 7#b7 to comply with the fourth amendment to the ,constitution of the ,united ,states4 7c7 ,conduct of acquisition 7#a7 ,in general ,an acquisition authorized under subsection 7a7 shall be conducted only-- 7,a7 in accordance with the selection and civil liberties and privacy protection procedures adopted in accordance with subsections 7d7 and 7e72 and 7,b7 upon submission of a certification in accordance with subsection 7g74 7#b7 ,determination ,a determination under this paragraph and for purposes of subsection 7a7 is a determination by the ,attorney ,general and the ,director of ,national ,intelligence that exigent circumstances exist because1 without immediate implementation of an authorization under subsection 7a71 intelligence important to the national security of the ,united ,states may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection 7i77#c7 prior to the implementation of such authorization4 7#c7 ,timing of determination ,the ,attorney ,general and the ,director of ,national ,intelligence may make the determination under paragraph 7#b7-- 7,a7 before the submission of a certification in accordance with subsection 7g72 or 7,b7 by amending a certification pursuant to subsection 7i77#a77;,c7 at any time during which judicial review under subsection 7i7 of such certification is pending4 7d7 ,selection procedures 7#a7 ,requirement to adopt ,the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 shall adopt selection procedures that are reasonably designed to ensure that any acquisition authorized under subsection 7a7 complies with the requirements and limitations relating to such acquisitions under subsections 7a7 and 7b72 7#b7 ,judicial review ,the procedures adopted in accordance with paragraph 7#a7 shall be subject to judicial review pursuant to subsection 7i74 7e7 ,civil liberties and privacy protection procedures 7#a7 ,requirement to adopt ,the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 shall adopt civil liberties and privacy protection procedures that are reasonably designed to-- 7,a7 minimize the impact of any acquisition authorized by 7a7 on the privacy and civil liberties of ,united ,states persons2 and 7,b7 reasonably limit the receipt1 retention1 use1 and disclosure of communications records associated with a specific person when such records are not necessary to understand foreign intelligence information or assess the importance of such information4 7#b7 ,judicial review ,the civil liberties and privacy protection procedures adopted in accordance with paragraph 7#a7 shall be subject to judicial review pursuant to subsection 7i74 7f7 ,guidelines for compliance with limitations 7#a7 ,requirement to adopt ,the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 shall adopt guidelines to ensure-- 7,a7 compliance with the requirements and limitations under subsections 7a7 and 7b72 and 7,b7 that an application for a court order is filed as required by this title4 7#b7 ,submission of guidelines ,the ,attorney ,general shall provide the guidelines adopted in accordance with paragraph 7#a7-- 7,a7 the congressional intelligence committees2 7,b7 the ,committees on the ,judiciary of the ,senate and the ,house of ,representatives2 and 7,c7 the ,foreign ,intelligence ,surveillance ,court4 7g7 ,certification 7#a7 ,in general 7,a7 ,requirement to submit certification ,subject to subparagraph 7,b71 prior to the implementation of an authorization under subsection 7a71 the ,attorney ,general and the ,director of ,national ,intelligence shall provide to the ,foreign ,intelligence ,surveillance ,court a written certification and any supporting affidavit1 under oath and under seal1 in accordance with this subsection4 7,b7 ,exception ,if the ,attorney ,general and the ,director of ,national ,intelligence make a determination under subsection 7c77#b7 and time does not permit the submission of a certification under this subsection prior to the implementation of an authorization under subsection 7a71 the ,attorney ,general and the ,director of ,national ,intelligence shall submit to the ,court a certification for such authorization as soon as practicable but in no event later than #g days after such determination is made4 7#b7 ,certification requirements ,a certification made under this subsection shall-- 7,a7 attest that-- 7i7 procedures have been approved1 have been submitted for approval1 or will be submitted with the certification for approval by the ,foreign ,intelligence ,surveillance ,court that are reasonably designed to ensure compliance with the requirements and limitations under subsections 7a7 and 7b72 7ii7 the civil liberties and privacy protection procedures to be used with respect to such acquisition-- 7,i7 meet the requirements of civil liberties and privacy protection procedures adopted under subsection 7e72 and 7,,ii7 have been approved1 have been submitted for approval1 or will be submitted with the certification for approval by the ,foreign ,intelligence ,surveillance ,court2 7iii7 guidelines have been adopted in accordance with subsection 7f7 to ensure compliance with the limitations in subsection 7b7 and to ensure that an application for a court order is filed as required by this chapter2 7iv7 the procedures and guidelines referred to in clauses 7i71 7ii71 and 7iii7 are consistent with the requirements of the fourth amendment to the ,constitution of the ,united ,states2 7v7 a significant purpose of the acquisition is to obtain foreign intelligence information2 7vi7 the acquisition involves obtaining foreign intelligence information from or with the assistance of an electronic communications service provider2 and 7vii7 the acquisition complies with the limitations in subsection 7b72 7,b7 include the procedures adopted in accordance with subsections 7d7 and 7e72 7,c7 be supported1 as appropriate1 by the affidavit of any appropriate official in the area of national security who is-- 7i7 appointed by the ,president1 by and with the advice and consent of the ,senate2 or 7ii7 the head of an element of the intelligence community2 7,d7 include-- 7i7 an effective date for the authorization that is at least #cj days after the submission of the written certification to the court2 or 7ii7 if the acquisition has begun or the effective date is less than #cj days after the submission of the written certification to the court1 the date the acquisition began or the effective date for the acquisition2 and 7,e7 if the ,attorney ,general and the ,director of ,national ,intelligence make a determination under subsection 7c77#b71 include a statement that such determination has been made4 7#c7 ,change in effective date ,the ,attorney ,general and the ,director of ,national ,intelligence may advance or delay the effective date referred to in paragraph 7#b77;,d7 by submitting an amended certification in accordance with subsection 7i77#a77;,c7 to the ,foreign ,intelligence ,surveillance ,court for review pursuant to subsection 7i74 7#d7 ,maintenance of certification ,the ,attorney ,general or a designee of the ,attorney ,general shall maintain a copy of a certification made under this subsection4 7#e7 ,judicial review ,a certification submitted in accordance with this subsection shall be subject to judicial review pursuant to subsection 7i74 7h7 ,directives 7#a7 ,authority ,with respect to an acquisition authorized under subsection 7a71 the ,attorney ,general and the ,director of ,national ,intelligence may direct1 in writing1 an electronic communications service provider to-- 7,a7 immediately provide the ,government with records1 whether existing or created in the future1 in the format specified by the ,government and in a manner that will protect the secrecy of the acquisition2 and 7,b7 maintain under security procedures approved by the ,attorney ,general and the ,director of ,national ,intelligence any records concerning the aid furnished that such electronic communication service provider retains4 7#b7 ,compensation and assistance ,the ,government shall compensate1 at the prevailing rate1 an electronic communications service provider for providing records in accordance with directives issued pursuant to paragraph 7#a74 ,the ,government may provide any information1 facilities1 or assistance necessary to aid an electronic communications service provider in complying with a directive issued pursuant to paragraph 7#a74 7#c7 ,record requirement ,for any directive issued under paragraph 7#a71 the ,attorney ,general shall retain a record of the information indicating that1 at the time the directive was issued1 the directive complied with the selection procedures established by subsection 7d74 7#d7 ,judicial review 7,a7 ,requirement to provide directives and supporting records ,the ,attorney ,general shall promptly provide to the court established by section #ajc7;a7 a copy of each directive issued under paragraph 7#a7 and a copy of each record prepared under paragraph 7#c74 7,b7 ,remedy for improper directives ,the court shall promptly consider each directive and record provided under subparagraph 7,a71 and if the court finds that a record prepared under paragraph 7#c7 does not meet the requirements of the selection procedures established by subsection 7d71 the court may order that the production of records under the applicable directive be terminated or modified1 that the information produced in response to the directive be destroyed1 or another appropriate remedy4 7#e7 ,challenging of directives 7,a7 ,authority to challenge ,an electronic communications service provider receiving a directive issued pursuant to paragraph 7#a7 may file a petition to modify or set aside such directive with the ,foreign ,intelligence ,surveillance ,court1 which shall have jurisdiction to review such petition4 7,b7 ,assignment ,the presiding judge of the ,court shall assign a petition filed under subparagraph 7,a7 to #a of the judges serving in the pool established under section #ajc7;e77#a7 not later than #bd hours after the filing of such petition4 7,c7 ,standards for review ,a judge considering a petition filed under subparagraph 7,a7 may grant such petition only if the judge finds that the directive does not meet the requirements of this section or is otherwise unlawful4 7,d7 ,procedures for initial review ,a judge shall conduct an initial review of a petition filed under subparagraph 7,a7 not later than #e days after being assigned such petition4 ,if the judge determines that such petition consists of claims1 defenses1 or other legal contentions that are not warranted by existing law or consists of a frivolous argument for extending1 modifying1 or reversing existing law or for establishing new law1 the judge shall immediately deny such petition and affirm the directive or any part of the directive that is the subject of such petition and order the recipient to comply with the directive or any part of it4 ,upon making a determination under this subparagraph or promptly thereafter1 the judge shall provide a written statement for the record of the reasons for such determination4 7,e7 ,procedures for plenary review ,if a judge determines that a petition filed under subparagraph 7,a7 requires plenary review1 the judge shall affirm1 modify1 or set aside the directive that is the subject of such petition not later than #cj days after being assigned such petition4 ,if the judge does not set aside the directive1 the judge shall immediately affirm or affirm with modifications the directive1 and order the recipient to comply with the directive in its entirety or as modified4 ,the judge shall provide a written statement for the record of the reasons for a determination under this subparagraph4 7,f7 ,continued effect ,any directive not explicitly modified or set aside under this paragraph shall remain in full effect4 7,g7 ,contempt of court ,failure to obey an order issued under this paragraph may be punished by the ,court as contempt of court4 7#f7 ,enforcement of directives 7,a7 ,order to compel ,if an electronic communications service provider fails to comply with a directive issued pursuant to paragraph 7#a71 the ,attorney ,general may file a petition for an order to compel the service to comply with the directive with the ,foreign ,intelligence ,surveillance ,court1 which shall have jurisdiction to review such petition4 7,b7 ,assignment ,the presiding judge of the ,court shall assign a petition filed under subparagraph 7,a7 to #a of the judges serving in the pool established under section #ajc7;e77#a7 not later than #bd hours after the filing of such petition4 7,c7 ,procedures for review ,a judge considering a petition filed under subparagraph 7,a7 shall1 not later than #cj days after being assigned such petition1 issue an order requiring the electronic communications service provider to comply with the directive or any part of it1 as issued or as modified1 if the judge finds that the directive meets the requirements of this section and is otherwise lawful4 ,the judge shall provide a written statement for the record of the reasons for a determination under this paragraph4 7,d7 ,contempt of court ,failure to obey an order issued under this paragraph may be punished by the ,court as contempt of court4 7,e7 ,process ,any process under this paragraph may be served in any judicial district in which the electronic communications service provider may be found4 7#g7 ,appeal 7,a7 ,appeal to the ,court of ,review ,the ,government or an electronic communications service provider receiving a directive issued pursuant to paragraph 7#a7 may file a petition with the ,foreign ,intelligence ,surveillance ,court of ,review for review of a decision issued pursuant to paragraph 7#d7 or 7#e74 ,the ,court of ,review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this subparagraph4 7,b7 ,certiorari to the ,supreme ,court ,the ,government or an electronic communications service provider receiving a directive issued pursuant to paragraph 7#a7 may file a petition for a writ of certiorari for review of a decision of the ,court of ,review issued under subparagraph 7,a74 ,the record for such review shall be transmitted under seal to the ,supreme ,court of the ,united ,states1 which shall have jurisdiction to review such decision4 7#h7 ,rule of construction ,nothing in this subsection shall be construed to prevent a directive issued under paragraph 7#a7 from requiring an electronic communications service provider to produce additional records1 whether existing or created in the future1 based on records produced by a previous directive issued under paragraph 7#a74 7i7 ,judicial review of certifications and procedures 7#a7 ,in general 7,a7 ,review by the ,foreign ,intelligence ,surveillance ,court ,the ,foreign ,intelligence ,surveillance ,court shall have jurisdiction to review a certification submitted in accordance with subsection 7g7 and the selection and civil liberties and privacy protection procedures adopted in accordance with subsections 7d7 and 7e71 and amendments to such certification or such procedures4 7,b7 ,time period for review ,the ,court shall review a certification submitted in accordance with subsection 7g7 and the selection and civil liberties and privacy protection procedures adopted in accordance with subsections 7d7 and 7e7 and shall complete such review and issue an order under paragraph 7#c7 not later than #cj days after the date on which such certification and such procedures are submitted4 7,c7 ,amendments ,the ,attorney ,general and the ,director of ,national ,intelligence may amend a certification submitted in accordance with subsection 7g7 or the selection and civil liberties and privacy protection procedures adopted in accordance with subsections 7d7 and 7e7 as necessary at any time1 including if the ,court is conducting or has completed review of such certification or such procedures1 and shall submit the amended certification or amended procedures to the ,court not later than #g days after amending such certification or such procedures4 ,the ,court shall review any amendment under this subparagraph under the procedures set forth in this subsection4 ,the ,attorney ,general and the ,director of ,national ,intelligence may authorize the use of an amended certification or amended procedures pending the ,court's review of such amended certification or amended procedures4 7#b7 ,review ,the ,court shall review the following3 7,a7 ,certification ,a certification submitted in accordance with subsection 7g7 to determine whether the certification contains all the required elements4 7,b7 ,selection procedures ,the selection procedures adopted in accordance with subsection 7d7 to assess whether the procedures are reasonably designed to meet the requirements of subsection 7d74 7,c7 ,civil liberties and privacy protection procedures ,the civil liberties and privacy protection procedures adopted in accordance with subsection 7e7 to assess whether such procedures meet the requirements of subsection 7e74 7#c7 ,orders 7,a7 ,approval ,if the ,court finds that a certification submitted in accordance with subsection 7g7 contains all the required elements and that the selection and civil liberties and privacy protection procedures adopted in accordance with subsections 7d7 and 7e7 are consistent with the requirements of those subsections and with the fourth amendment to the ,constitution of the ,united ,states1 the ,court shall enter an order approving the certification and the use1 or continued use in the case of an acquisition authorized pursuant to a determination under subsection 7c77#b71 of the procedures for the acquisition4 7,b7 ,correction of deficiencies ,if the ,court finds that a certification submitted in accordance with subsection 7g7 does not contain all the required elements1 or that the procedures adopted in accordance with 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 ,court's order-- 7i7 correct any deficiency identified by the ,court's order not later than #cj days after the date on which the ,court issues the order2 or 7ii7 cease1 or not begin1 the implementation of the authorization for which such certification was submitted4 7,c7 ,requirement for written statement ,in support of an order under this subsection1 the ,court shall provide1 simultaneously with the order1 for the record a written statement of the reasons for the order4 7#d7 ,appeal 7,a7 ,appeal to the ,court of ,review ,the ,government may file a petition with the ,foreign ,intelligence ,surveillance ,court of ,review for review of an order under this subsection4 ,the ,court of ,review shall have jurisdiction to consider such petition4 ,for any decision under this subparagraph affirming1 reversing1 or modifying an order of the ,foreign ,intelligence ,surveillance ,court1 the ,court of ,review shall provide for the record a written statement of the reasons for the decision4 7,b7 ,continuation of acquisition pending rehearing or appeal ,any acquisition affected by an order under paragraph 7#c77;,b7 may continue-- 7i7 during the pendency of any rehearing of the order by the ,court en banc2 and 7ii7 if the ,government files a petition for review of an order under this section1 until the ,court of ,review enters an order under subparagraph 7,c74 7,c7 ,implementation pending appeal ,not later than #fj days after the filing of a petition for review of an order under paragraph 7#c77;,b7 directing the correction of a deficiency1 the ,court of ,review shall determine1 and enter a corresponding order regarding1 whether all or any part of the correction order1 as issued or modified1 shall be implemented during the pendency of the review4 7,d7 ,certiorari to the ,supreme ,court ,the ,government may file a petition for a writ of certiorari for review of a decision of the ,court of ,review issued under subparagraph 7,a74 ,the record for such review shall be transmitted under seal to the ,supreme ,court of the ,united ,states1 which shall have jurisdiction to review such decision4 7#e7 ,schedule 7,a7 ,reauthorization of authorizations in effect ,if the ,attorney ,general and the ,director of ,national ,intelligence seek to reauthorize or replace an authorization issued under subsection 7a71 the ,attorney ,general and the ,director of ,national ,intelligence shall1 to the extent practicable1 submit to the ,court the certification prepared in accordance with subsection 7g7 and the procedures adopted in accordance with subsections 7d7 and 7e7 at least #cj days prior to the expiration of such authorization4 7,b7 ,reauthorization of orders1 authorizations1 and directives ,if the ,attorney ,general and the ,director of ,national ,intelligence seek to reauthorize or replace an authorization issued under subsection 7a7 by filing a certification pursuant to subparagraph 7,a71 that authorization1 and any directives issued thereunder and any order related thereto1 shall remain in effect1 notwithstanding the expiration provided for in subsection 7a71 until the ,court issues an order with respect to such certification under paragraph 7#c7 at which time the provisions of that paragraph and paragraph 7#d7 shall apply with respect to such certification4 7j7 ,judicial proceedings 7#a7 ,expedited judicial proceedings ,judicial proceedings under this section shall be conducted as expeditiously as possible4 7#b7 ,time limits ,a time limit for a judicial decision in this section shall apply unless the ,court1 the ,court of ,review1 or any judge of either the ,court or the ,court of ,review1 by order for reasons stated1 extends that time as necessary for good cause in a manner consistent with national security4 7k7 ,maintenance and security of records and proceedings 7#a7 ,standards ,the ,foreign ,intelligence ,surveillance ,court shall maintain a record of a proceeding under this section1 including petitions1 appeals1 orders1 and statements of reasons for a decision1 under security measures adopted by the ,chief ,justice of the ,united ,states1 in consultation with the ,attorney ,general and the ,director of ,national ,intelligence4 7#b7 ,filing and review ,all petitions under this section shall be filed under seal4 ,in any proceedings under this section1 the ,court shall1 upon request of the ,government1 review ex parte and in camera any ,government submission1 or portions of a submission1 which may include classified information4 7#c7 ,retention of records ,the ,attorney ,general and the ,director of ,national ,intelligence shall retain a directive or an order issued under this section for a period of not less than #aj years from the date on which such directive or such order is issued4 7l7 ,assessments and reviews 7#a7 ,semiannual assessment ,not less frequently than once every #f months1 the ,attorney ,general and ,director of ,national ,intelligence shall assess compliance with the selection and civil liberties and privacy protection procedures adopted in accordance with subsections 7d7 and 7e7 and the guidelines adopted in accordance with subsection 7f74 ,the assessment shall also include the aggregate number of directives issued under subsection 7h7 during the relevant time period4 ,the ,attorney ,general and ,director of ,national ,intelligence shall submit each assessment to-- 7,a7 the ,foreign ,intelligence ,surveillance ,court2 and 7,b7 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 ,committees on the ,judiciary of the ,house of ,representatives and the ,senate4 7#b7 ,agency assessment ,the ,inspector ,general of the ,department of ,justice and the ,inspector ,general of each element of the intelligence community authorized to acquire communications records under subsection 7a71 with respect to the department or element of such ,inspector ,general-- 7,a7 are authorized to review compliance with the selection and civil liberties and privacy protection procedures adopted in accordance with subsections 7d7 and 7e7 and the guidelines adopted in accordance with subsection 7f72 7,b7 shall provide each such review to-- 7i7 the ,attorney ,general2 7ii7 the ,director of ,national ,intelligence2 and 7iii7 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-- 7,i7 the congressional intelligence committees2 and 7,,ii7 the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate4 7m7 ,definitions ,in this section3 7#a7 ,the terms contents1 wire communication1 and electronic communication have the meaning given such terms in section #beaj of title #ah1 ,united ,states ,code4 7#b7 ,the term electronic communication service provider has the meaning given such term in section #gja4 7#c7 ,the terms foreign power and agent of a foreign power have the meanings given such terms in section #aja4 4 7b7 ,clerical amendment ,the table of contents in the first section of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja note7 is amended by inserting after the item relating to section #ejb the following new item3 ,sec4 #ejc4 ,procedures for targeted acquisitions of terrorist and foreign agent non-content communications records4 4 7c7 ,conforming amendment ,section #hjb7;a77#c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahhe;a7 is amended by striking or #gjb7;h7 and inserting #ejc7;h71 or #gjb7;h74 #ab4 ,continuous evaluation and sharing of derogatory information regarding personnel with access to classified information ,section #ajb;,a7j7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd7;j77 is amended-- 7#a7 in the heading1 by striking ,sensitive ,compartmented ,information and inserting ,classified ,information2 7#b7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7#c7 in paragraph 7#d71 by striking the period and inserting a semicolon2 and 7#d7 by adding at the end the following new paragraphs3 7#e7 ensure that the background of each employee or officer of an element of the intelligence community1 each contractor to an element of the intelligence community1 and each individual employee of such a contractor who has been determined to be eligible for access to classified information is monitored on a continual basis under standards developed by the ,director1 including with respect to the frequency of evaluation1 during the period of eligibility of such employee or officer of an element of the intelligence community1 such contractor1 or such individual employee to such a contractor to determine whether such employee or officer of an element of the intelligence community1 such contractor1 and such individual employee of such a contractor continues to meet the requirements for eligibility for access to classified information2 and 7#f7 develop procedures to require information sharing between elements of the intelligence community concerning potentially derogatory security information regarding an employee or officer of an element of the intelligence community1 a contractor to an element of the intelligence community1 or an individual employee of such a contractor that may impact the eligibility of such employee or officer of an element of the intelligence community1 such contractor1 or such individual employee of such a contractor for a security clearance4 4 #ac4 ,requirements for intelligence community contractors 7a7 ,requirements ,section #ajb;,a of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd7 is amended by adding at the end the following new subsection3 7x7 ,requirements for intelligence community contractors ,the ,director of ,national ,intelligence1 in consultation with the head of each department of the ,federal ,government that contains an element of the intelligence community and the ,director of the ,central ,intelligence ,agency1 shall-- 7#a7 ensure that-- 7,a7 any contractor to an element of the intelligence community with access to a classified network or classified information develops and operates a security plan that is consistent with standards established by the ,director of ,national ,intelligence for intelligence community networks2 and 7,b7 each contract awarded by an element of the intelligence community includes provisions requiring the contractor comply with such plan and such standards2 7#b7 conduct periodic assessments of each security plan required under paragraph 7#a77;,a7 to ensure such security plan complies with the requirements of such paragraph2 and 7#c7 ensure that the insider threat detection capabilities and insider threat policies of the intelligence community apply to facilities of contractors with access to a classified network4 4 7b7 ,applicability ,the amendment made by subsection 7a7 shall apply with respect to contracts entered into or renewed after the date of the enactment of this ,act4