,,ii #aacth ,,congress #ast ,session ,s4 #aeea ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #be 7legislative day1 ,september #bd71 #bjac,mr4 ,wyden 7for himself1 ,mr4 ,udall of ,colorado1 ,mr4 ,blumenthal1 ,mr4 ,paul1 and ,mr4 ,udall of ,new ,mexico7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to reform the authorities of the ,federal ,government to require the production of certain business records1 conduct electronic surveillance1 use pen registers and trap and trace devices1 and use other forms of information gathering for foreign intelligence1 counterterrorism1 and criminal purposes1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,intelligence ,oversight and ,surveillance ,reform ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,access to certain business records for foreign intelligence and international terrorism investigations,sec4 #aja4 ,privacy protections for section #bae business records orders4,sec4 #ajb4 ,emergency authority for access to call data records4,,title ,,ii--,privacy protections for pen registers and trap and trace devices,sec4 #bja4 ,privacy protections for pen registers and trap and trace devices4,,title ,,iii--,procedures for targeting certain persons outside the ,united ,states other than ,united ,states persons,sec4 #cja4 ,clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications of ,united ,states persons4,sec4 #cjb4 ,protection against collection of wholly domestic communications not concerning terrorism under ,,fisa ,amendments ,act4,sec4 #cjc4 ,prohibition on reverse targeting under ,,fisa ,amendments ,act4,sec4 #cjd4 ,limits on use of unlawfully obtained information under ,,fisa ,amendments ,act4,sec4 #cje4 ,challenges to ,government surveillance4,,title ,,iv--,foreign ,intelligence ,surveillance ,court reforms,sec4 #dja4 ,definitions4,sec4 #djb4 ,office of the ,constitutional ,advocate4,sec4 #djc4 ,advocacy before the ,,fisa ,court4,sec4 #djd4 ,advocacy before the petition review pool4,sec4 #dje4 ,appellate review4,sec4 #djf4 ,disclosure4,sec4 #djg4 ,annual report to ,congress4,sec4 #djh4 ,preservation of rights4,,title ,v--,national ,security ,letter reforms,sec4 #eja4 ,national security letter authority4,sec4 #ejb4 ,public reporting on ,national ,security ,letters4,,title ,,vi--,reporting ,,fisa orders and ,national ,security ,letters,sec4 #fja4 ,third-party reporting of ,,fisa orders and ,national ,security ,letters4,sec4 #fjb4 ,government reporting of ,,fisa orders4,,title ,,vii--,privacy and ,civil ,liberties ,oversight ,board subpoena authority,sec4 #gja4 ,privacy and ,civil ,liberties ,oversight ,board subpoena authority4 ,i ,access to certain business records for foreign intelligence and international terrorism investigations #aja4 ,privacy protections for section #bae business records orders 7a7 ,privacy protections for section #bae business records orders 7#a7 ,in general ,section #eja7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;b77 is amended-- 7,a7 in paragraph 7#a77;,b71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 a statement of facts showing that there are reasonable grounds to believe that the records or other things sought-- 7i7 are relevant to an authorized investigation 7other than a threat assessment7 conducted in accordance with subsection 7a77#b7 to obtain foreign intelligence information not concerning a ,united ,states person or to protect against international terrorism or clandestine intelligence activities2 and 7ii7 pertain to-- 7,i7 a foreign power or an agent of a foreign power2 7,,ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7,,iii7 an individual in contact with1 or known to1 a suspected agent of a foreign power2 and 7,b7 a statement of proposed minimization procedures2 and 2 and 7,c7 by adding at the end the following3 7#c7 if the applicant is seeking a nondisclosure requirement described in subsection 7d71 shall include-- 7,a7 a statement of specific and articulable facts providing reason to believe that disclosure of particular information about the existence or contents of the order requiring the production of tangible things under this section during the applicable time period will result in-- 7i7 endangering the life or physical safety of any person2 7ii7 flight from prosecution2 7iii7 destruction of or tampering with evidence2 7iv7 intimidation of potential witnesses2 7v7 interference with diplomatic relations2 or 7vi7 otherwise seriously endangering the national security of the ,united ,states by alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 7,b7 an explanation of how the harm identified under subparagraph 7,a7 is related to the authorized investigation to which the tangible things sought are relevant2 7,c7 an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph 7,a72 and 7,d7 the time period during which the ,government believes the nondisclosure requirement should apply4 4 7#b7 ,order ,section #eja7;c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;c77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking subsections 7a7 and 7b71 and inserting subsection 7a7 and paragraphs 7#a7 and 7#b7 of subsection 7b7 and that the proposed minimization procedures meet the definition of minimization procedures under subsection 7g712 and 7ii7 by striking the last sentence and inserting the following3 ,if the judge finds that the requirements of subsection 7b77#c7 have been met1 such order shall include a nondisclosure requirement1 which may apply for not longer than #a year1 unless the facts justify a longer period of nondisclosure1 subject to the principles and procedures described in subsection 7d742 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,c71 by striking 7d72 and inserting 7d71 if applicable22 7ii7 in subparagraph 7,d71 by striking and at the end2 7iii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,f7 shall direct that the minimization procedures be followed4 4 7#c7 ,nondisclosure ,section #eja7;d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;d77 is amended to read as follows3 7d7 ,nondisclosure 7#a7 ,in general ,no person who receives an order under subsection 7c7 that contains a nondisclosure requirement shall disclose to any person the particular information specified in the nondisclosure requirement during the time period to which the requirement applies4 7#b7 ,exception 7,a7 ,disclosure ,a person who receives an order under subsection 7c7 that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with an order under this section2 7ii7 an attorney in order to obtain legal advice or assistance regarding the order2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as the person to whom the order is directed4 7,c7 ,notification ,any person who discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement4 7#c7 ,extension ,the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director 7whose rank shall be no lower than ,assistant ,special ,agent in ,charge71 may apply for renewals of the prohibition on disclosure of particular information about the existence or contents of an order requiring the production of tangible things under this section for additional periods of not longer than #a year1 unless the facts justify a longer period of nondisclosure4 ,a nondisclosure requirement shall be renewed if a court having jurisdiction under paragraph 7#d7 determines that the application meets the requirements of subsection 7b77#c74 7#d7 ,jurisdiction ,an application for a renewal under this subsection shall be made to-- 7,a7 a judge of the court established under section #ajc7;a72 or 7,b7 a ,united ,states ,magistrate ,judge under chapter #dc of title #bh1 ,united ,states ,code1 who is publicly designated by the ,chief ,justice of the ,united ,states to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of the court established under section #ajc7;a74 4 7#d7 ,minimization ,section #eja7;g7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;g77 is amended-- 7,a7 in paragraph 7#a71 by striking ,not later than and all that follows and inserting ,at or before the end of the period of time for the production of tangible things under an order approved under this section or at any time after the production of tangible things under an order approved under this section1 a judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning ,united ,states persons was acquired1 retained1 or disseminated42 and 7,b7 in paragraph 7#b77;,a71 by inserting acquisition and after to minimize the4 7b7 ,judicial review of section #bae orders ,section #eja7;f77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;f77#b77 is amended-- 7#a7 in subparagraph 7,a77i7-- 7,a7 by striking that order and inserting such production order or any nondisclosure order imposed in connection with such production order2 and 7,b7 by striking the second sentence2 7#b7 by striking subparagraph 7,c7 and inserting the following new subparagraph3 7,c7 ,a judge considering a petition to modify or set aside a nondisclosure order shall grant such petition unless the court determines that-- 7i7 there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in-- 7,i7 endangering the life or physical safety of any person2 7,,ii7 flight from prosecution2 7,,iii7 destruction of or tampering with evidence2 7,,iv7 intimidation of potential witnesses2 7,v7 interference with diplomatic relations2 or 7,,vi7 otherwise seriously endangering the national security of the ,united ,states by alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 7ii7 the harm identified under clause 7i7 relates to the authorized investigation to which the tangible things sought are relevant2 and 7iii7 the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause 7i74 2 and 7#c7 by adding at the end the following new subparagraph3 7,e7 ,if a judge denies a petition to modify or set aside a nondisclosure order under this paragraph1 no person may file another petition to modify or set aside such nondisclosure order until the date that is one year after the date on which such judge issues the denial of such petition4 4 #ajb4 ,emergency authority for access to call data records 7a7 ,in general ,section #djc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdc7 is amended by adding at the end the following3 7e7 7#a7 ,notwithstanding any other provision of this subsection1 the ,attorney ,general may require the production of call data records by the provider of a wire or electronic communication service on an emergency basis if-- 7,a7 such records-- 7i7 are relevant to an authorized investigation 7other than a threat assessment7 conducted in accordance with section #djb or #eja1 as appropriate1 to obtain foreign intelligence information not concerning a ,united ,states person or to protect against international terrorism or clandestine intelligence activities2 and 7ii7 pertain to-- 7,i7 a foreign power or an agent of a foreign power2 7,,ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7,,iii7 an individual in contact with1 or known to1 a suspected agent of a foreign power2 7,b7 the ,attorney ,general reasonably determines-- 7i7 an emergency requires the production of such records before an order requiring such production can with due diligence be obtained under section #djb or #eja1 as appropriate2 and 7ii7 the factual basis for issuance of an order under section #djb or #eja1 as appropriate1 to require the production of such records exists2 7,c7 a judge referred to in section #djb7;b7 or #eja7;b77#a71 as appropriate1 is informed by the ,attorney ,general at the time of the required production of such records that the decision has been made to require such production on an emergency basis2 and 7,d7 an application in accordance with section #djb or #eja1 as appropriate1 is made to such judge as soon as practicable1 but not more than #g days after the date on which the ,attorney ,general requires the production of such records under this subsection4 7#b7 7,a7 ,in the absence of an order issued under section #djb or #eja1 as appropriate1 to approve the emergency required production of call data records under paragraph 7#a71 the authority to require the production of such records shall terminate at the earlier of-- 7i7 when the information sought is obtained2 7ii7 when the application for the order is denied under section #djb or #eja1 as appropriate2 or 7iii7 #g days after the time of the authorization by the ,attorney ,general4 7,b7 ,if an application for an order applied for under section #djb or #eja1 as appropriate1 for the production of call data records required to be produced pursuant to paragraph 7#a7 is denied1 or in any other case where the emergency production of call data records under this section is terminated and no order under section #djb or #eja1 as appropriate1 is issued approving the required production of such records1 no information obtained or evidence derived from such records shall be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof1 and no information concerning any ,united ,states person acquired from such records shall subsequently be used or disclosed in any other manner by ,federal officers or employees without the consent of such person1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 4 7b7 ,termination of section #eja references ,on the date that section #ajb7;b77#a7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #ej ,u4,s4,c4 #ahje note7 takes effect1 subsection 7e7 of section #djc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdc71 as added by paragraph 7#a71 is amended-- 7#a7 by striking or section #eja1 as appropriate1 each place that term appears2 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b71 by striking or #eja1 as appropriate2 and by inserting a semicolon2 and 7,b7 in subparagraph 7,c71 by striking or #eja7;b77#a71 as appropriate12 and 7#c7 in paragraph 7#b77;,a77ii71 by striking or #eja1 as appropriate2 and by inserting a semicolon4 ,,ii ,privacy protections for pen registers and trap and trace devices #bja4 ,privacy protections for pen registers and trap and trace devices 7a7 ,application ,section #djb7;c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdb7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 and 7#b7 by striking paragraph 7#b7 and inserting the following new paragraphs3 7#b7 a statement of facts showing that there are reasonable grounds to believe that the records sought-- 7,a7 are relevant to an authorized investigation to obtain foreign intelligence information not concerning a ,united ,states person or to protect against international terrorism or clandestine intelligence activities 7other than a threat assessment71 provided that such investigation of a ,united ,states person is not conducted solely upon the basis of activities protected by the first amendment to the ,constitution2 and 7,b7 pertain to-- 7i7 a foreign power or an agent of a foreign power2 7ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7iii7 an individual in contact with1 or known to1 a suspected agent of a foreign power2 and 7#c7 a statement of proposed minimization procedures4 4 7b7 ,minimization 7#a7 ,definition ,section #dja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda7 is amended by adding at the end the following3 7#d7 ,the term minimization procedures means-- 7,a7 specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device1 to minimize the acquisition and retention1 and prohibit the dissemination1 of nonpublicly available information concerning unconsenting ,united ,states persons consistent with the need of the ,united ,states to obtain1 produce1 and disseminate foreign intelligence information2 7,b7 procedures that require that nonpublicly available information1 which is not foreign intelligence information1 as defined in section #aja7;e77#a71 shall not be disseminated in a manner that identifies any ,united ,states person1 without such person's consent1 unless such person's identity is necessary to understand foreign intelligence information or assess its importance2 and 7,c7 notwithstanding subparagraphs 7,a7 and 7,b71 procedures that allow for the retention and dissemination of information that is evidence of a crime which has been1 is being1 or is about to be committed and that is to be retained or disseminated for law enforcement purposes4 4 7#b7 ,pen registers and trap and trace devices ,section #djb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdb7 is amended-- 7,a7 in subsection 7d7-- 7i7 in paragraph 7#a71 by inserting 1 and that the proposed minimization procedures meet the definition of minimization procedures under this title before the period at the end2 and 7ii7 in paragraph 7#b77;,b7-- 7,i7 in clause 7ii77,,ii71 by striking and after the semicolon2 and 7,,ii7 by adding at the end the following3 7iv7 the minimization procedures be followed2 and 2 and 7,b7 by adding at the end the following3 7h7 ,at or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section1 the judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning ,united ,states persons was acquired1 retained1 or disseminated4 4 7#c7 ,emergencies ,section #djc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdc71 as amended by section #ajb7;a71 is further amended-- 7,a7 by redesignating subsection 7c7 as 7d72 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,if the ,attorney ,general authorizes the emergency installation and use of a pen register or trap and trace device under this section1 the ,attorney ,general shall require that minimization procedures required by this title for the issuance of a judicial order be followed4 4 7#d7 ,use of information ,section #dje7;a77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahde7;a77#a77 is amended by striking the period at the end and inserting and the minimization procedures required under the order approving such pen register or trap and trace device44 ,,iii ,procedures for targeting certain persons outside the ,united ,states other than ,united ,states persons #cja4 ,clarification on prohibition on searching of collections of communications to conduct warrantless searches for the communications of ,united ,states persons ,section #gjb7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7b77 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and indenting such subparagraphs1 as so redesignated1 an additional two ems from the left margin2 7#b7 by striking ,an acquisition and inserting the following3 7#a7 ,in general ,an acquisition 2 and 7#c7 by adding at the end the following3 7#b7 ,clarification on prohibition on searching of collections of communications of ,united ,states persons 7,a7 ,in general ,except as provided in subparagraph 7,b71 no officer or employee of the ,united ,states may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular ,united ,states person 7other than a corporation74 7,b7 ,concurrent authorization and exception for emergency situations ,subparagraph 7,a7 shall not apply to a search for communications related to a particular ,united ,states person if-- 7i7 such ,united ,states person is the subject of an order or emergency authorization authorizing electronic surveillance or physical search under section #aje1 #cjd1 #gjc1 #gjd1 or #gje of this ,act1 or under title #ah1 ,united ,states ,code1 for the effective period of that order2 7ii7 the entity carrying out the search has a reasonable belief that the life or safety of such ,united ,states person is threatened and the information is sought for the purpose of assisting that person2 or 7iii7 such ,united ,states person has consented to the search4 4 #cjb4 ,protection against collection of wholly domestic communications not concerning terrorism under ,,fisa ,amendments ,act 7a7 ,in general ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7 is amended-- 7#a7 in subsection 7d77#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 limit the acquisition of the contents of any communication to communications to which any party is a target of the acquisition or communications that refer to the target of the acquisition1 if such communications are acquired to protect against international terrorism4 2 and 7#b7 in subsection 7i77#b77;,b7-- 7,a7 in clause 7i71 by striking and at the end2 7,b7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new clause3 7iii7 limit the acquisition of the contents of any communication to communications to which any party is a target of the acquisition or communications that refer to the target of the acquisition1 if such communications are acquired to protect against international terrorism4 4 7b7 ,conforming amendment ,section #gja7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha7;a77 is amended by inserting international terrorism1 after foreign power14 #cjc4 ,prohibition on reverse targeting under ,,fisa ,amendments ,act ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a71 as amended by sections #cja and #cjb of this ,act1 is further amended-- 7#a7 in paragraph 7#a77;,b7 of subsection 7b71 as redesignated by section #cja1 by striking the purpose and inserting a significant purpose2 7#b7 in subsection 7d77#a77;,a7-- 7,a7 by striking ensure that and inserting the following3 ensure-- 7i7 that 2 and 7,b7 by adding at the end the following3 7ii7 that an application is filed under title ,i1 if otherwise required1 when a significant purpose of an acquisition authorized under subsection 7a7 is to acquire the communications of a particular1 known person reasonably believed to be located in the ,united ,states2 and 2 7#c7 in subsection 7g77#b77;,a77i77,i7-- 7,a7 by striking ensure that and inserting the following3 ensure-- 7aa7 that 2 and 7,b7 by adding at the end the following3 7bb7 that an application is filed under title ,i1 if otherwise required1 when a significant purpose of an acquisition authorized under subsection 7a7 is to acquire the communications of a particular1 known person reasonably believed to be located in the ,united ,states2 and 2 and 7#d7 in subsection 7i77#b77;,b77i7-- 7,a7 by striking ensure that and inserting the following3 ensure-- 7,i7 that 2 and 7,b7 by adding at the end the following3 7,,ii7 that an application is filed under title ,i1 if otherwise required1 when a significant purpose of an acquisition authorized under subsection 7a7 is to acquire the communications of a particular1 known person reasonably believed to be located in the ,united ,states2 and 4 #cjd4 ,limits on use of unlawfully obtained information under ,,fisa ,amendments ,act ,section #gjb7;i77#c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7i77#c77 is amended by striking subparagraph 7,b7 and inserting the following3 7,b7 ,correction of deficiencies 7i7 ,in general ,if the ,court finds that a certification required by subsection 7g7 does not contain all of the required elements1 or that the procedures required by subsections 7d7 and 7e7 are not consistent with the requirements of those subsections or the fourth amendment to the ,constitution of the ,united ,states1 the ,court shall issue an order directing the ,government to1 at the ,government's election and to the extent required by the order of the ,court-- 7,i7 correct any deficiency identified by the order of the ,court not later than #cj days after the date on which the ,court issues the order2 or 7,,ii7 cease1 or not begin1 the implementation of the authorization for which such certification was submitted4 7ii7 ,limitation on use of information 7,i7 ,in general ,except as provided in subclause 7,,ii71 no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under clause 7i7 concerning any ,united ,states person shall be received in evidence or otherwise disclosed in any trial1 hearing1 or other proceeding in or before any court1 grand jury1 department1 office1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or political subdivision thereof1 and no information concerning any ,united ,states person acquired from the acquisition shall subsequently be used or disclosed in any other manner by ,federal officers or employees without the consent of the ,united ,states person1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7,,ii7 ,exception ,if the ,government corrects any deficiency identified by the order of the ,court under clause 7i71 the ,court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the ,court shall establish for purposes of this clause4 4 #cje4 ,challenges to ,government surveillance ,section #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a71 as amended by this title1 is further amended by adding at the end the following new subsection3 7m7 ,challenges to ,government surveillance 7#a7 ,injury in fact ,in any claim in a civil action brought in a court of the ,united ,states relating to surveillance conducted under this section1 the person asserting the claim has suffered an injury in fact if the person-- 7,a7 has a reasonable basis to believe that the person's communications will be acquired under this section2 and 7,b7 has taken objectively reasonable steps to avoid surveillance under this section4 7#b7 ,reasonable basis ,a person shall be presumed to have demonstrated a reasonable basis to believe that the communications of the person will be acquired under this section if the profession of the person requires the person regularly to communicate foreign intelligence information with persons who-- 7,a7 are not ,united ,states persons2 and 7,b7 are located outside the ,united ,states4 7#c7 ,objective steps ,a person shall be presumed to have taken objectively reasonable steps to avoid surveillance under this section if the person demonstrates that the steps were taken in reasonable response to rules of professional conduct or analogous professional rules4 4 ,,iv ,foreign ,intelligence ,surveillance ,court reforms #dja4 ,definitions ,in this title3 7#a7 ,constitutional ,advocate ,the term ,constitutional ,advocate means the ,constitutional ,advocate appointed under section #djb7;b74 7#b7 ,decision ,the term decision means a decision1 order1 or opinion issued by the ,,fisa ,court or the ,,fisa ,court of ,review4 7#c7 ,,fisa ,the term ,,fisa means the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7#d7 ,,fisa ,court ,the term ,,fisa ,court means the court established under section #ajc7;a7 of ,,fisa 7#ej ,u4,s4,c4 #ahjc7;a774 7#e7 ,,fisa ,court of ,review ,the term ,,fisa ,court of ,review means the court of review established under section #ajc7;b7 of ,,fisa 7#ej ,u4,s4,c4 #ahjc7;b774 7#f7 ,office ,the term ,office means the ,office of the ,constitutional ,advocate established under section #djb7;a74 7#g7 ,petition review pool ,the term petition review pool means the petition review pool established by section #ajc7;e7 of ,,fisa 7#ej ,u4,s4,c4 #ahjc7;e77 or any member of that pool4 7#h7 ,significant construction or interpretation of law ,the term significant construction or interpretation of law means a significant construction or interpretation of a provision1 as that term is construed under section #fja7;c7 of ,,fisa 7#ej ,u4,s4,c4 #ahga7;c774 #djb4 ,office of the ,constitutional ,advocate 7a7 ,establishment ,there is established within the judicial branch of the ,united ,states an ,office of the ,constitutional ,advocate4 7b7 ,constitutional ,advocate 7#a7 ,in general ,the head of the ,office is the ,constitutional ,advocate4 7#b7 ,appointment and term 7,a7 ,appointment ,the ,chief ,justice of the ,united ,states shall appoint the ,constitutional ,advocate from the list of candidates submitted under subparagraph 7,b74 7,b7 ,candidates 7i7 ,list of candidates ,the ,privacy and ,civil ,liberties ,oversight ,board shall submit to the ,chief ,justice a list of not less than #e qualified candidates to serve as a ,constitutional ,advocate4 7ii7 ,selection of candidates ,in preparing a list described in clause 7i71 the ,privacy and ,civil ,liberties ,oversight ,board shall select candidates the ,board believes will be zealous and effective advocates in defense of civil liberties and consider each potential candidate's-- 7,i7 litigation and other professional experience2 7,,ii7 experience with the areas of law the ,constitutional ,advocate is likely to encounter in the course of the ,advocate's duties2 and 7,,iii7 demonstrated commitment to civil liberties4 7,c7 ,security ,clearance ,an individual may be appointed ,constitutional ,advocate without regard to whether the individual possesses a security clearance on the date of the appointment4 7,d7 ,term and dismissal ,a ,constitutional ,advocate shall be appointed for a term of #c years and may be fired only for good cause shown1 including the demonstrated inability to qualify for an adequate security clearance4 7,e7 ,reappointment ,there shall be no limit to the number of consecutive terms served by a ,constitutional ,advocate4 ,the reappointment of a ,constitutional ,advocate shall be made in the same manner as appointment of a ,constitutional ,advocate4 7,f7 ,acting ,constitutional ,advocate ,if the position of ,constitutional ,advocate is vacant1 the ,chief ,justice may appoint an ,acting ,constitutional ,advocate from among the qualified employees of the ,office4 ,if there are no such qualified employees1 the ,chief ,justice may appoint an ,acting ,constitutional ,advocate from the most recent list of candidates provided by the ,privacy and ,civil ,liberties ,oversight ,board pursuant to subparagraph 7,b74 ,the ,acting ,constitutional ,advocate shall have all of the powers of a ,constitutional ,advocate and shall serve until a ,constitutional ,advocate is appointed4 7#c7 ,employees ,the ,constitutional ,advocate is authorized1 without regard to the civil service laws and regulations1 to appoint and terminate employees of the ,office4 7c7 ,security clearances ,the appropriate departments1 agencies1 and elements of the executive branch shall cooperate with the ,office1 to the extent possible under existing procedures and requirements1 to expeditiously provide the ,constitutional ,advocate and appropriate employees of the ,office with the security clearances necessary to carry out the duties of the ,constitutional ,advocate4 7d7 ,duties and authorities of the ,constitutional ,advocate 7#a7 ,in general ,the ,constitutional ,advocate-- 7,a7 shall review each application to the ,,fisa ,court by the ,attorney ,general2 7,b7 shall review each decision of the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review issued after the date of the enactment of this ,act and all documents and other material relevant to such decision in a complete1 unredacted form2 7,c7 may participate in a proceeding before the petition review pool if such participation is requested by a party in such a proceeding or by the petition review pool2 7,d7 shall consider any request from a provider who has been served with an order1 certification1 or directive compelling the provider to provide assistance to the ,government or to release customer information to assist that provider in a proceeding before the ,,fisa ,court or the petition review pool1 including a request-- 7i7 to oppose the ,government on behalf of the private party in such a proceeding2 or 7ii7 to provide guidance to the private party if the private party is considering compliance with an order of the ,,fisa ,court2 7,e7 shall participate in a proceeding before the ,,fisa ,court if appointed to participate by the ,,fisa ,court under section #djc7;a7 and may participate in a proceeding before the petition review pool if authorized under section #djd7;a72 7,f7 may request to participate in a proceeding before the ,,fisa ,court or the petition review pool2 7,g7 shall participate in such a proceeding if such request is granted2 7,h7 may request reconsideration of a decision of the ,,fisa ,court under section #djc7;b72 7,i7 may appeal or seek review of a decision of the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as permitted by this title2 and 7,j7 shall participate in such appeal or review4 7#b7 ,advocacy ,the ,constitutional ,advocate shall protect individual rights by vigorously advocating before the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as appropriate1 in support of legal interpretations that minimize the scope of surveillance and the extent of data collection and retention4 7#c7 ,utilization of outside counsel ,the ,constitutional ,advocate-- 7,a7 may delegate to a competent outside counsel any duty or responsibility of the ,constitutional ,advocate with respect to participation in a matter before the ,,fisa ,court1 the ,,fisa ,court of ,review1 or the ,supreme ,court of the ,united ,states2 and 7,b7 may not delegate to outside counsel any duty or authority set out in subparagraph 7,a71 7,b71 7,d71 7,f71 7,h71 or 7,i7 of paragraph 7#a74 7#d7 ,availability of documents and material ,the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as appropriate1 shall order any agency1 department1 or entity to make available to the ,constitutional ,advocate1 or appropriate outside counsel if utilized by the ,constitutional ,advocate under paragraph 7#c71 any documents or other material necessary to carry out the duties described in paragraph 7#a74 #djc4 ,advocacy before the ,,fisa ,court 7a7 ,appointment ,to participate 7#a7 ,in general ,the ,,fisa ,court may appoint the ,constitutional ,advocate to participate in a ,,fisa ,court proceeding4 7#b7 ,standing ,if the ,constitutional ,advocate is appointed to participate in a ,,fisa ,court proceeding pursuant to paragraph 7#a71 the ,constitutional ,advocate shall have standing as a party before the ,,fisa ,court in that proceeding4 7b7 ,reconsideration of a ,,fisa ,court decision 7#a7 ,authority to move for reconsideration ,the ,constitutional ,advocate may move the ,,fisa ,court to reconsider any decision of the ,,fisa ,court made after the date of the enactment of this ,act by petitioning the ,,fisa ,court not later than #cj days after the date on which all documents and materials relevant to the decision are made available to the ,constitutional ,advocate4 7#b7 ,discretion of the ,,fisa ,court ,the ,,fisa ,court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph 7#a74 7c7 ,amicus curiae participation 7#a7 ,motion by the ,constitutional ,advocate ,the ,constitutional ,advocate may file a motion with the ,,fisa ,court to permit and facilitate participation of amicus curiae1 including participation in oral argument if appropriate1 in any proceeding4 ,the ,,fisa ,court shall have the discretion to grant or deny such a motion4 7#b7 ,facilitation by the ,,fisa ,court ,the ,,fisa ,court may1 sua sponte1 permit and facilitate participation by amicus curiae1 including participation in oral argument if appropriate1 in proceedings before the ,,fisa ,court4 7#c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,,fisa ,court shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae4 #djd4 ,advocacy before the petition review pool 7a7 ,authority ,to participate ,the petition review pool or any party to a proceeding before the petition review pool may authorize the ,constitutional ,advocate to participate in a petition review pool proceeding4 7b7 ,reconsideration of a petition review pool decision 7#a7 ,authority to move for reconsideration ,the ,constitutional ,advocate may move the petition review pool to reconsider any decision of the petition review pool made after the date of the enactment of this ,act by petitioning the petition review pool not later than #cj days after the date on which all documents and materials relevant to the decision are made available to the ,constitutional ,advocate4 7#b7 ,discretion of the petition review pool ,the petition review pool shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph 7#a74 7c7 ,amicus curiae participation 7#a7 ,motion by the ,constitutional ,advocate ,the ,constitutional ,advocate may file a motion with the petition review pool to permit and facilitate participation of amicus curiae1 including participation in oral argument if appropriate1 in any proceeding4 ,the petition review pool shall have the discretion to grant or deny such a motion4 7#b7 ,facilitation by the ,,fisa ,court ,the petition review pool may1 sua sponte1 permit and facilitate participation by amicus curiae1 including participation in oral argument if appropriate1 in proceedings before the petition review pool4 7#c7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the petition review pool shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae4 #dje4 ,appellate review 7a7 ,appeal of ,,fisa ,court decisions 7#a7 ,authority to appeal ,the ,constitutional ,advocate may appeal any decision of the ,,fisa ,court or the petition review pool issued after the date of the enactment of this ,act not later than #ij days after the date the decision is issued1 unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent handed down after such date of enactment4 7#b7 ,standing as appellant ,if the ,constitutional ,advocate appeals a decision of the ,,fisa ,court or the petition review pool pursuant to paragraph 7#a71 the ,constitutional ,advocate shall have standing as a party before the ,,fisa ,court of ,review in such appeal4 7#c7 ,mandatory review ,the ,,fisa ,court of ,review shall review any ,,fisa ,court or petition review pool decision appealed by the ,constitutional ,advocate and issue a decision in such appeal4 7#d7 ,standard of review ,the standards for a mandatory review of a ,,fisa ,court or petition review pool decision pursuant to paragraph 7#c7 shall be-- 7,a7 de novo with respect to issues of law2 and 7,b7 clearly erroneous with respect to determination of facts4 7#e7 ,amicus curiae participation 7,a7 ,in general ,the ,,fisa ,court of ,review shall accept amicus curiae briefs from interested parties in all mandatory reviews pursuant to paragraph 7#c7 and shall provide for amicus curiae participation in oral argument if appropriate4 7,b7 ,regulations ,not later than #ahj days after the date of the enactment of this ,act1 the ,,fisa ,court of ,review shall promulgate rules to provide the public with information sufficient to allow interested parties to participate as amicus curiae4 7b7 ,review of ,,fisa ,court of ,review decisions 7#a7 ,authority ,the ,constitutional ,advocate may seek a writ of certiorari from the ,supreme ,court of the ,united ,states for review of any decision of the ,,fisa ,court of ,review4 7#b7 ,standing ,in any proceedings before the ,supreme ,court of the ,united ,states relating to a petition of certiorari filed under paragraph 7#a7 and any proceedings in a matter for which certiorari is granted1 the ,constitutional ,advocate shall have standing as a party4 #djf4 ,disclosure 7a7 ,requirement ,to disclose ,the ,attorney ,general shall publicly disclose-- 7#a7 all decisions issued by the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review after ,july #aj1 #bjjc1 that include a significant construction or interpretation of law2 7#b7 any decision of the ,,fisa ,court or the petition review pool appealed by the ,constitutional ,advocate pursuant to this title2 and 7#c7 any ,,fisa ,court of ,review decision that is issued after an appeal by the ,constitutional ,advocate4 7b7 ,disclosure described ,for each disclosure required by subsection 7a7 with respect to a decision1 the ,attorney ,general shall make available to the public documents sufficient-- 7#a7 to identify with particularity each legal question addressed by the decision and how such question was resolved2 7#b7 to describe in general terms the context in which the matter arises2 7#c7 to describe the construction or interpretation of any statute1 constitutional provision1 or other legal authority relied on by the decision2 and 7#d7 to indicate whether the decision departed from any prior decision of the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review4 7c7 ,documents described ,the ,attorney ,general shall satisfy the disclosure requirements in subsection 7b7 by-- 7#a7 releasing a ,,fisa ,court1 petition review pool1 or ,,fisa ,court of ,review decision in its entirety or as redacted2 7#b7 releasing a summary of a ,,fisa ,court1 petition review pool1 or ,,fisa ,court of ,review decision2 or 7#c7 releasing an application made to the ,,fisa ,court1 a petition made to the petition review pool1 briefs filed before the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 or other materials1 in full or as redacted4 7d7 ,extensive disclosure ,the ,attorney ,general shall release as much information regarding the facts and analysis contained in a decision described in subsection 7a7 or documents described in subsection 7c7 as is consistent with legitimate national security concerns4 7e7 ,timing of disclosure 7#a7 ,decisions issued prior to enactment ,a decision issued prior to the date of the enactment of this ,act that is required to be disclosed under subsection 7a77#a7 shall be disclosed not later than #ahj days after the date of the enactment of this ,act4 7#b7 ,,fisa ,court and petition review pool decisions ,the ,attorney ,general shall release ,,fisa ,court or petition review pool decisions appealed by the ,constitutional ,advocate not later than #cj days after the date the appeal is filed4 7#c7 ,,fisa ,court of ,review decisions ,the ,attorney ,general shall release ,,fisa ,court of ,review decisions appealed by the ,constitutional ,advocate not later than #ij days after the date the appeal is filed4 7f7 ,petition by the ,constitutional ,advocate 7#a7 ,authority to petition ,the ,constitutional ,advocate may petition the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review to order-- 7,a7 the public disclosure of a decision of such a ,court or review pool1 and documents or other material relevant to such a decision1 previously designated as classified information2 or 7,b7 the release of an unclassified summary of such decisions and documents4 7#b7 ,contents of petition ,each petition filed under paragraph 7#a7 shall contain a detailed declassification proposal or a summary of the decision and documents that the ,constitutional ,advocate proposes to have released publicly4 7#c7 ,role of the ,attorney ,general 7,a7 ,copy of petition ,the ,constitutional ,advocate shall provide to the ,attorney ,general a copy of each petition filed under paragraph 7#a74 7,b7 ,opposition ,the ,attorney ,general may oppose a petition filed under paragraph 7#a7 by submitting any objections in writing to the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as appropriate1 not later than #ij days after the date such petition was submitted4 7#d7 ,public availability ,not less than #ia days after receiving a petition under paragraph 7#a71 and taking into account any objections from the ,attorney ,general made under paragraph 7#c77;,b71 the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review1 as appropriate1 shall declassify and make readily available to the public any decision1 document1 or other material requested in such petition1 to the greatest extent possible1 consistent with legitimate national security considerations4 7#e7 ,effective date ,the ,constitutional ,advocate may not file a petition under paragraph 7#a7 until #aha days after the date of the enactment of this ,act1 except with respect to a decision appealed by the ,constitutional ,advocate4 #djg4 ,annual report to ,congress 7a7 ,requirement for annual report ,the ,constitutional ,advocate shall submit to ,congress an annual report on the implementation of this title4 7b7 ,contents ,each annual report submitted under subsection 7a7 shall-- 7#a7 detail the activities of the ,office2 7#b7 provide an assessment of the effectiveness of this title2 and 7#c7 propose any new legislation to improve the functioning of the ,office or the operation of the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review4 #djh4 ,preservation of rights ,nothing in this title shall be construed-- 7#a7 to provide the ,attorney ,general with authority to prevent the ,,fisa ,court1 the petition review pool1 or the ,,fisa ,court of ,review from declassifying decisions or releasing information pursuant to this title2 and 7#b7 to eliminate the public's ability to secure information under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act7 or any other provision of law4 ,v ,national ,security ,letter reforms #eja4 ,national security letter authority 7a7 ,national security letter authority for communications subscriber records 7#a7 ,in general ,section #bgji7;b7 of title #ah1 ,united ,states ,code1 is amended by amending paragraphs 7#a7 and 7#b7 to read as follows3 7#a7 request the name1 address1 length of service1 and local and long distance toll billing records of a person or entity if the ,director 7or the ,director's designee7 certifies in writing to the wire or electronic communication service provider to which the request is made that-- 7,a7 the name1 address1 length of service1 and toll billing records sought are relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities1 provided that such an investigation of a ,united ,states person is not conducted solely on the basis of activities protected by the first amendment to the ,constitution of the ,united ,states2 and 7,b7 there are specific and articulable facts showing that there are reasonable grounds to believe that the name1 address1 length of service1 and toll billing records sought-- 7i7 pertain to a foreign power or agent of a foreign power2 7ii7 are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7iii7 pertain to an individual in contact with1 or known to1 a suspected agent2 and 7#b7 request the name1 address1 and length of service of a person or entity if the ,director 7or the ,director's designee7 certifies in writing to the wire or electronic communication service provider to which the request is made that-- 7,a7 the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities1 provided that such an investigation of a ,united ,states person is not conducted solely upon the basis of activities protected by the first amendment to the ,constitution of the ,united ,states2 and 7,b7 there are specific and articulable facts showing that there are reasonable grounds to believe that the information sought pertains to-- 7i7 a foreign power or agent of a foreign power2 7ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7iii7 an individual in contact with1 or known to1 a suspected agent4 4 7b7 ,national ,security ,letter authority for certain financial records ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7 is amended to read as follows3 #aaad4 ,national ,security ,letter for certain financial records 7a7 ,authorization 7#a7 ,in general ,the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or ,special ,agent in ,charge in a ,bureau field office1 or the ,director of the ,united ,states ,secret ,service may issue in writing and cause to be served on a financial institution1 a ,national ,security ,letter requiring the production of-- 7,a7 the name of a customer of the financial institution2 7,b7 the address of a customer of the financial institution2 7,c7 the length of time during which a person has been1 or was1 a customer of the financial institution 7including the start date7 and the type of service provided by the institution to the customer2 and 7,d7 any account number or other unique identifier associated with a customer of the financial institution4 7#b7 ,limitation ,a ,national ,security ,letter issued under this subsection may not require the production of records or information not listed in paragraph 7#a74 7b7 ,national ,security ,letter requirements 7#a7 ,in general ,a ,national ,security ,letter issued under subsection 7a7 shall-- 7,a7 be subject to the requirements of subsections 7b7 through 7f7 of section #bgji of title #ah1 ,united ,states ,code1 in the same manner and to the same extent as those provisions apply with respect to a request under section #bgji7;b7 of title #ah1 ,united ,states ,code1 to a wire or electronic communication service provider2 7,b7 7i7 in the case of a ,national ,security ,letter issued by the ,director of the ,federal ,bureau of ,investigation or the ,director's designee1 include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought-- 7,i7 are relevant to an authorized investigation 7other than a threat assessment7 to obtain foreign intelligence information not concerning a ,united ,states person or to protect against international terrorism or clandestine intelligence activities2 and 7,,ii7 pertain to-- 7aa7 a foreign power or an agent of a foreign power2 7bb7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7cc7 an individual in contact with1 or known to1 a suspected agent of a foreign power2 and 7ii7 in the case of a ,national ,security ,letter issued by the ,director of the ,united ,states ,secret ,service1 include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought are relevant to the conduct of the protective functions of the ,united ,states ,secret ,service4 7#b7 ,reporting ,on a semiannual basis the ,director of the ,federal ,bureau of ,investigation and the ,director of the ,united ,states ,secret ,service shall fully inform the ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,permanent ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,financial ,services of the ,house of ,representatives1 concerning all requests made under subsection 7a74 7#c7 ,definitions ,for purposes of this subsection1 the terms agent of a foreign power1 international terrorism1 foreign intelligence information1 and ,united ,states person have the same meanings as in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7c7 ,definition of financial institution ,for purposes of this section 7and sections #aaae and #aaag1 insofar as the sections relate to the operation of this section71 the term financial institution has the same meaning as in subsections 7a77#b7 and 7c77#a7 of section #ecab of title #ca1 ,united ,states ,code1 except that the term shall include only a financial institution any part of which is located inside any ,state or territory of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 or the ,united ,states ,virgin ,islands4 4 7c7 ,national ,security ,letter authority for certain consumer report records 7#a7 ,in general ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended-- 7,a7 by striking the section heading and inserting the following3 #fbf4 ,national ,security ,letters for certain consumer report records 2 7,b7 by striking subsections 7a7 through 7d7 and inserting the following3 7a7 ,authorization 7#a7 ,in general ,the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or ,special ,agent in ,charge in a ,bureau field office1 may issue in writing and cause to be served on a consumer reporting agency a ,national ,security ,letter requiring the production of-- 7,a7 the name of a consumer2 7,b7 the current and former address of a consumer2 7,c7 the current and former places of employment of a consumer2 and 7,d7 the name and address of any financial institution 7as that term is defined in section #aaja of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdja77 at which a consumer maintains or has maintained an account1 to the extent that the information is in the files of the consumer reporting agency4 7#b7 ,limitation ,a ,national ,security ,letter issued under this subsection may not require the production of a consumer report4 7b7 ,national ,security ,letter requirements 7#a7 ,in general ,a ,national ,security ,letter issued under subsection 7a7 shall-- 7,a7 be subject to the requirements of subsections 7b7 through 7f7 of section #bgji of title #ah1 ,united ,states ,code1 in the same manner and to the same extent as those provisions apply with respect to a request under section #bgji7;b7 of title #ah1 ,united ,states ,code1 to a wire or electronic communication service provider2 and 7,b7 include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought-- 7i7 are relevant to an authorized investigation 7other than a threat assessment7 to obtain foreign intelligence information not concerning a ,united ,states person or to protect against international terrorism or clandestine intelligence activities2 and 7ii7 pertain to-- 7,i7 a foreign power or an agent of a foreign power2 7,,ii7 the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7,,iii7 an individual in contact with1 or known to1 a suspected agent of a foreign power4 7#b7 ,reporting ,on a semiannual basis the ,director of the ,federal ,bureau of ,investigation shall fully inform the ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,permanent ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,financial ,services of the ,house of ,representatives1 concerning all requests made under subsection 7a74 7#c7 ,definitions ,for purposes of this subsection1 the terms agent of a foreign power1 international terrorism1 foreign intelligence information1 and ,united ,states person have the same meanings as in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 2 7,c7 by striking subsections 7f7 through 7h72 and 7,d7 by redesignating subsections 7e7 and 7i7 through 7m7 as subsections 7c7 through 7h71 respectively4 7#b7 ,repeal ,section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is repealed4 7d7 ,technical and conforming amendment 7#a7 ,table of sections amendment ,the table of sections for the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq47 is amended by striking the items relating to sections #fbf and #fbg and inserting the following3 #fbf4 ,national ,security ,letters for certain consumer report records4#fbg4 ,repealed4 4 7#b7 ,conforming amendments 7,a7 ,notice requirements ,section #aaji of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdji7 is amended by striking subsection 7c74 7,b7 ,title #ah1 ,united ,states ,code ,title #ah1 ,united ,states ,code1 is amended-- 7i7 in section #aeaj7;e71 by striking section #fbf7;d77#a7 or #fbg7;c77#a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7d77#a7 or #afhav7c77#a771 section #aaad7;a77#c77;,a7 or #aaad7;a77#e77;,d77i7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdad7;a77#c77;,a7 or #cdad7;a77#e77;,d77i771 and inserting section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau71 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad712 and 7ii7 in section #ceaa-- 7,i7 by striking section #aaad7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act1 each place that term appears and inserting section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad712 and 7,,ii7 by striking or section #fbg7;a7 each place that term appears4 7,c7 ,national ,security ,act of #aidg ,section #ejg7;b7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cajf7;b77 is amended-- 7i7 in paragraph 7#b71 by striking section #fbf7;h77#b7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7h77#b774 and inserting section #fbf7;b77#b7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7b77#b7742 and 7ii7 in paragraph 7#c71 by striking section #aaad7;a77#e77;,c7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77;,c774 and inserting section #aaad7;b77#b7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;b77#b7744 7,d7 ,,usa ,patriot ,act 7i7 ,section #aah ,section #aah of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #ah ,u4,s4,c4 #ceaa note7 is amended-- 7,i7 in subsection 7c77#a7-- 7aa7 in subparagraph 7,c71 by inserting and at the end2 7bb7 in subparagraph 7,d71 by striking 2 and and inserting a period2 and 7cc7 by striking subparagraph 7,e72 and 7,,ii7 in subsection 7d7-- 7aa7 in paragraph 7#b71 by striking ,section #aaad7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a77 and inserting ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad72 and 7bb7 by striking paragraph 7#e74 7ii7 ,section #aai ,section #aai7;g7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #abj ,stat4 #bai7 is amended-- 7,i7 in paragraph 7#b71 by striking ,section #aaad7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a77 and inserting ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad72 and 7,,ii7 by striking paragraph 7#e74 #ejb4 ,public reporting on ,national ,security ,letters ,section #aah7;c7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #ah ,u4,s4,c4 #ceaa note71 as amended by section #eja7;d77#b77;,d77i71 is further amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking concerning different ,united ,states persons2 and 7,b7 in subparagraph 7,a71 by striking 1 excluding the number of requests for subscriber information2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,content 7,a7 ,in general ,except as provided in subparagraph 7,b71 each report required under this subsection shall include the total number of requests described in paragraph 7#a7 requiring disclosure of information concerning-- 7i7 ,united ,states persons2 7ii7 persons who are not ,united ,states persons2 7iii7 persons who are the subjects of authorized national security investigations2 or 7iv7 persons who are not the subjects of authorized national security investigations4 7,b7 ,exception ,with respect to the number of requests for subscriber information under section #bgji of title #ah1 ,united ,states ,code1 a report required under this subsection need not provide information separated into each of the categories described in subparagraph 7,a74 4 ,,vi ,reporting ,,fisa orders and ,national ,security ,letters #fja4 ,third-party reporting of ,,fisa orders and ,national ,security ,letters 7a7 ,in general ,each electronic service provider may report information to the public in accordance with this section about requests and demands for information made by any ,government entity under a surveillance law1 and is exempt in accordance with subsection 7d7 from liability with respect to that report1 even if such provider would otherwise be prohibited by a surveillance law from reporting that information4 7b7 ,periodic aggregate reports ,an electronic service provider may report such information not more often than quarterly and only to the following extent3 7#a7 ,estimate of numbers of demands and requests made ,the report may reveal an estimate of the number of such demands and requests made during the period to which the report pertains4 7#b7 ,estimate of numbers of demands and requests complied with ,the report may reveal an estimate of the numbers of such demands and requests the service provider complied with during the period to which the report pertains1 regardless of when the demands or requests were made4 7#c7 ,estimate of number of users or accounts ,the report may reveal an estimate of the numbers of users or accounts1 or both1 of the service provider1 for which information was demanded1 requested1 or provided during the period to which the report pertains4 7c7 ,special rules for reports 7#a7 ,level of detail by authorizing surveillance law ,any estimate disclosed under this section may be an overall estimate or broken down by categories of authorizing surveillance laws or by provisions of authorizing surveillance laws4 7#b7 ,level of detail by numerical range ,each estimate disclosed under this section shall be rounded to the nearest #ajj4 ,if an estimate is zero1 an electronic service provider may report the estimate as zero4 7#c7 ,report may be broken down by periods not less than calendar quarters ,for any reporting period1 the provider may break down the report by calendar quarters or any other time periods greater than a calendar quarter4 7d7 ,limitation on liability ,an electronic service provider making a report that the provider reasonably believes in good faith is authorized by this section is not criminally or civilly liable in any court for making that report4 7e7 ,rule of construction ,nothing in this section shall be construed to prohibit disclosures other than those authorized by this section4 7f7 ,definitions ,in this section3 7#a7 ,the term electronic service provider means a provider of an electronic communications service 7as that term is defined in section #beaj of title #ah1 ,united ,states ,code7 or a provider of a remote computing service 7as that term is defined in section #bgaa of title #ah1 ,united ,states ,code74 7#b7 ,the term surveillance law means any provision of any of the following3 7,a7 ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7,b7 ,section #hjb7;a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7;a774 7,c7 ,section #bgji of title #ah1 ,united ,states ,code4 7,d7 ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad74 7,e7 ,subsections 7a7 or 7b7 of section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau74 #fjb4 ,government reporting of ,,fisa orders 7a7 ,electronic surveillance ,section #ajg of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjg7 is amended-- 7#a7 by redesignating subsections 7a7 and 7b7 as paragraphs 7#a7 and 7#b71 respectively2 7#b7 in the matter preceding paragraph 7#a7 7as redesignated by paragraph 7#a7 of this subsection7-- 7,a7 by striking ,in ,april and inserting 7a7 ,in ,april2 and 7,b7 by striking ,congress and inserting the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate and the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives2 7#c7 in subsection 7a7 7as designated by paragraph 7#b7 of this subsection7-- 7,a7 in paragraph 7#a7 7as redesignated by paragraph 7#a7 of this subsection71 by striking and at the end2 7,b7 in paragraph 7#b7 7as so redesignated71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following new paragraphs3 7#c7 the total number of individuals who were subject to electronic surveillance conducted under an order entered under this title1 rounded to the nearest #ajj2 and 7#d7 the total number of ,united ,states persons who were subject to electronic surveillance conducted under an order entered under this title1 rounded to the nearest #ajj4 2 and 7#d7 by adding at the end the following new subsection3 7b7 7#a7 ,each report required under subsection 7a7 shall be submitted in unclassified form4 7#b7 ,not later than #g days after a report is submitted under subsection 7a71 the ,attorney ,general shall make such report publicly available4 4 7b7 ,pen register and trap and trace devices ,section #djf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdf7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following new paragraphs3 7#d7 a good faith estimate of the total number of individuals whose electronic or wire communications information was obtained through the use of pen register or trap and trace devices authorized under an order entered under this title1 rounded to the nearest #ajj2 and 7#e7 a good faith estimate of the total number of ,united ,states persons whose electronic or wire communications information was obtained through the use of a pen register or trap and trace devices authorized under an order entered under this title1 rounded to the nearest #ajj4 2 and 7#b7 by adding at the end the following new subsection3 7c7 7#a7 ,each report required under subsection 7b7 shall be submitted in unclassified form4 7#b7 ,not later than #g days after a report is submitted under subsection 7b71 the ,attorney ,general shall make such report publicly available4 4 7c7 ,access to certain business records ,section #ejb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfb7 is amended-- 7#a7 in subsection 7b77#c71 by adding at the end the following new subparagraphs3 7,f7 ,records concerning electronic communications4 7,g7 ,records concerning wire communications4 2 and 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following new subparagraphs3 7,c7 a good faith estimate of the total number of individuals whose tangible things were produced under an order entered under section #eja1 rounded to the nearest #ajj2 and 7,d7 a good faith estimate of the total number of ,united ,states persons whose tangible things were produced under an order entered under section #eja1 rounded to the nearest #ajj4 2 and 7,b7 by adding at the end the following new paragraph3 7#c7 ,not later than #g days after the date on which a report is submitted under paragraph 7#a71 the ,attorney ,general shall make such report publicly available4 4 7d7 ,additional procedures regarding certain persons outside the ,united ,states ,section #gjg of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;f7 is amended by adding at the end the following new subsection3 7c7 ,additional annual report 7#a7 ,report required ,in ,april of each year1 the ,attorney ,general shall submit to the congressional intelligence committees and the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report setting forth with respect to the preceding year-- 7,a7 the total number of-- 7i7 directives issued under section #gjb2 7ii7 orders granted under section #gjc2 and 7iii7 orders granted under section #gjd2 7,b7 good faith estimates of the total number of individuals1 rounded to the nearest #ajj1 whose electronic or wire communications or communications records were collected pursuant to-- 7i7 an order granted under section #gjc2 and 7ii7 an order granted under section #gjd2 and 7,c7 good faith estimates of the total number1 rounded to the nearest #ajj1 of ,united ,states persons whose electronic or wire communications or communications records were collected pursuant to-- 7i7 an order granted under section #gjc2 and 7ii7 an order granted under section #gjd4 7#b7 ,form ,each report required under paragraph 7#a7 shall be submitted in unclassified form4 7#c7 ,public availability ,not later than #g days after the date on which a report is submitted under paragraph 7#a71 the ,attorney ,general shall make such report publicly available4 4 ,,vii ,privacy and ,civil ,liberties ,oversight ,board subpoena authority #gja4 ,privacy and ,civil ,liberties ,oversight ,board subpoena authority ,section #ajfa7;g7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7g77 is amended-- 7#a7 in paragraph 7#a77;,d71 by striking submit a written request to the ,attorney ,general of the ,united ,states that the ,attorney ,general2 7#b7 by striking paragraph 7#b72 and 7#c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c74