,,ii #aacth ,,congress #b;d ,session ,s4 #bjic ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjad ,mr4 ,walsh introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,foreign ,intelligence ,surveillance ,act of #aigh to modify the purposes of authorized collection of business records and to prohibit the bulk collection of metadata1 to require judicial review of national security letters1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,civil ,liberties ,protection ,act4 #b4 ,authorized purposes for collection of business records for certain investigations 7a7 ,in general ,subsection 7a77#a7 of section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 is amended by striking to obtain and all that follows through clandestine intelligence activities and inserting to protect against international terrorism1 clandestine intelligence activities1 or the proliferation of weapons of mass destruction1 or activities in preparation therefor14 7b7 ,applications ,subsection 7b77#b77;,a7 of such section is amended by striking to obtain and all that follows through clandestine intelligence activities and inserting to protect against international terrorism1 clandestine intelligence activities1 or the proliferation of weapons of mass destruction1 or activities in preparation therefor14 7c7 ,conforming amendment ,the heading of such section is amended by striking foreign intelligence and international terrorism investigations and inserting international terrorism and certain other investigations4 #c4 ,prohibition on bulk collection of metadata 7a7 ,in general ,subsection 7b77#b77;,a7 of section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa71 as amended by section #b7;b7 of this ,act1 is further amended-- 7#a7 by inserting specific and articulable before facts showing2 and 7#b7 by inserting of a specific individual before 7other than a threat assessment74 7b7 ,findings authorizing orders ,subsection 7c77#a7 of such section #eja is amended by striking and 7b71 and inserting and 7b71 and is reasonable in focus1 scope1 and breadth in the requested production of materials pertaining to the specific individual14 7c7 ,report on telephony metadata database 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,national ,security ,agency shall submit to ,congress a report on the plans of the ,agency for the telephony metadata database of the ,agency4 7#b7 ,elements ,the report shall include the following3 7,a7 ,the plans of the ,agency for complying with the requirements of section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh1 as amended by subsection 7a71 with respect to the telephony metadata database of the ,agency1 including plans for transitioning to a database containing information that1 except as described in subparagraph 7,b71 contains only information which complies with such requirements1 as so amended1 and is purged of information that does not so comply4 7,b7 ,the plans of the ,agency for retaining information in the database relating to on-going lawsuits with respect to the database4 #d4 ,modification of requirements and authorities relating to nondisclosure requirements in requests for access to business records for international terrorism and certain other investigations 7a7 ,judicial approval required for original imposition of nondisclosure requirements ,subsection 7d7 of section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 is amended-- 7#a7 in paragraph 7#a71 by striking ,no person and inserting ,subject to paragraph 7#b71 no person2 7#b7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7#c7 by inserting after paragraph 7#a7 the following new paragraph 7#b73 7#b7 ,nondisclosure requirements may be included in an order under this section only if the judge entering the order finds that there are reasonable grounds to believe that a violation of such nondisclosure requirements would-- 7,a7 significantly threaten national security2 7,b7 interfere with an ongoing investigation2 7,c7 endanger the life or physical safety of any person2 or 7,d7 impair diplomatic relations4 4 7b7 ,effective period of nondisclosure requirements ,such subsection is further amended by adding at the end the following new paragraph3 7#d7 ,nondisclosure requirements under this subsection-- 7,a7 may not be effective for a period of more than #ahj days2 and 7,b7 may be renewed for additional #ahj-;day periods if a judge serving in the pool established by section #ajc7;a7 cannot make a finding described in subsection 7f77#b77;,c77i7 with respect to such nondisclosure requirements at the time of such renewal4 4 7c7 ,judicial review of nondisclosure requirements after issuance ,subsection 7f77#b77;,c7 of such section is amended-- 7#a7 in clause 7i71 by striking may endanger and all that follows and inserting may significantly threaten national security1 interfere with an ongoing investigation1 endanger the life of physical safety of any person1 or impair diplomatic relations42 7#b7 by striking clause 7ii72 7#c7 by redesignating clause 7iii7 as clause 7ii72 and 7#d7 in clause 7ii71 as redesignated by paragraph 7#c71 by striking #a year and inserting #ahj days4 #e4 ,prohibition on transfer or storage of tangible things derived from access to business records for international terrorism and certain other investigations to private entities ,section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa71 as amended by this ,act1 is further amended by adding at the end the following new subsection3 7i7 ,prohibition on transfer or storage of tangible things to or with private entities ,no tangible thing received by the ,federal ,bureau of ,investigation in response to an order under this section1 or any database of such tangible things1 may be stored by a private entity or transferred to a private entity for storage4 4 #f4 ,limitations on national security letters 7a7 ,definitions 7#a7 ,,fisa ,court ,the term ,,fisa ,court means the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a774 7#b7 ,minimization procedures ,the term minimization procedures has the meaning given that term in section #eja7;g77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;g77#b774 7#c7 ,national security letter ,the term national security letter means a request for information under-- 7,a7 section #bgji of title #ah1 ,united ,states ,code 7to access certain communication service provider records72 7,b7 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7 7to obtain financial institution customer records72 7,c7 section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 7to obtain financial information1 records1 and consumer reports72 7,d7 section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 7to obtain certain financial information and consumer reports72 or 7,e7 section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 7to obtain certain consumer reports74 7#d7 ,united ,states person ,the term ,united ,states person has the meaning given that term in section #aja7;i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja7;i774 7b7 ,judicial review 7#a7 ,in general ,except as provided in subsection 7c71 no officer or employee of the ,united ,states may issue a national security letter unless the ,,fisa ,court1 a ,united ,states district court1 or a ,united ,states ,magistrate judge issues an order approving an application for the national security letter4 7#b7 ,review of application ,the ,,fisa ,court1 a ,united ,states district court1 or a ,united ,states ,magistrate judge may not issue an order approving an application for a national security letter unless such court or judge finds that-- 7,a7 there are specific and articulable facts giving reason to believe that the information sought by the national security letter is relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities2 7,b7 the national security letter is reasonable in scope1 focus1 and breadth2 and 7,c7 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 ,states4 7#c7 ,minimization procedures ,an order approving an application for a national security letter issued under this subsection shall set out the minimization procedures that apply to the national security letter4 7#d7 ,judicial approval required for original imposition of nondisclosure requirements ,a national security letter may contain nondisclosure requirements only if the ,,fisa ,court1 a ,united ,states district court1 or a ,united ,states ,magistrate judge finds that there are reasonable grounds1 relevant to the authorized investigation concerned1 to believe that a violation of the nondisclosure requirements would-- 7,a7 significantly threaten national security2 7,b7 interfere with an ongoing investigation2 7,c7 endanger the life or physical safety of any person2 or 7,d7 impair diplomatic relations4 7c7 ,exception for emergency situations 7#a7 ,in general ,except as provided in paragraph 7#b71 the requirement for an order approving an application for a national security letter under subsection 7b7 shall not apply if the ,attorney ,general-- 7,a7 reasonably determines that the factual basis for the issuance of the national security letter exists2 7,b7 reasonably determines that an emergency situation exists with respect to the issuance of a national security letter before an order approving an application for the national security letter can with due diligence be obtained2 7,c7 informs1 either personally or through a designee1 the ,,fisa ,court1 a ,united ,states district court1 or a ,united ,states ,magistrate judge of the decision to issue the national security letter at the time the decision is made2 and 7,d7 makes an application for approval of the issuance of the national security letter to the ,,fisa ,court1 a ,united ,states district court1 or a ,united ,states ,magistrate judge in accordance with subsection 7b7 as soon as practicable1 but not later than #g days after the ,attorney ,general decides to issue the national security letter4 7#b7 ,minimization procedures ,any national security letter issued pursuant to this subsection shall comply with and include applicable minimization procedures4 7#c7 ,termination ,a national security letter issued pursuant to this subsection1 and any nondisclosure requirements included in the national security letter1 shall terminate upon the earlier of the following3 7,a7 ,when information sought by the national security letter is obtained4 7,b7 ,in the event an application for approval of the issuance of the national security letter described in paragraph 7#a77;,d7 is made1 when the application is denied4 7,c7 ,the date that is seven days after the date of the decision of the ,attorney ,general to issue the national security letter4 7#d7 ,annual reports on issuance ,the ,director of the ,federal ,bureau of ,investigation shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives each year a report on the national security letters issued pursuant to this subsection during the preceding year1 including a statement of the number of national security letters so issued during such year4 7d7 ,nondisclosure requirements 7#a7 ,disclosure for compliance or legal assistance 7,a7 ,disclosure authorized ,a recipient of a national security letter containing nondisclosure requirements may disclose receipt of the national security letter to persons necessary to comply with the national security letter or an attorney to obtain legal advice or legal assistance with respect to the national security letter4 7,b7 ,notice during disclosure of applicability of nondisclosure requirements ,a recipient disclosing receipt of a national security letter to persons or an attorney pursuant to subparagraph 7,a7 shall inform such persons or attorney of the nondisclosure requirements contained in the national security letter4 7,c7 ,compliance with nondisclosure requirements ,any person or attorney who receives a disclosure under subparagraph 7,a7 shall be subject to the nondisclosure requirements contained in the national security letter concerned4 7#b7 ,limitation on effective period 7,a7 ,initial effective period ,except as provided in section #ceaa7;b7 of title #ah1 ,united ,states ,code 7as amended by subparagraph 7,b771 nondisclosure requirements contained in a national security letter following judicial approval in accordance with subsection 7b77#d7 shall be effective for not more than #fj days from the date of the issuance of the national security letter4 ,in the case of a national security letter issued in accordance with subsection 7b7 after application described in subsection 7c77#a77;,d71 the date of the issuance of the national security letter in accordance with subsection 7b7 shall be treated as the date of the issuance of the national security letter for purposes of this subparagraph4 7,b7 ,extensions ,subsection 7b7 of section #ceaa of title #ah1 ,united ,states ,code1 is amended to read as follows3 7b7 7#a7 ,upon the expiration pursuant to section #f7;d77#b77;,a7 of the ,civil ,liberties ,protection ,act of the initial period of effectiveness of nondisclosure requirements imposed in connection with a request for records1 a report1 or other information under section #bgji7;b7 of this title1 section #fbf7;a7 or #fbg7;a7 of the ,fair ,credit ,reporting ,act1 section #aaed7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act or section #hjb7;a7 of the ,national ,security ,act of #aidg1 the ,attorney ,general may petition the ,united ,states district court for the district in which the recipient of the request does business or resides for an extension of the period of effectiveness of the nondisclosure requirements for not more than #ahj days4 7#b7 ,upon petition by the ,attorney ,general pursuant to paragraph 7#a71 the court may grant an extension of the period of effectiveness of nondisclosure requirements described in that paragraph for not more than #ahj days if the court finds that there are reasonable grounds1 relevant to the authorized investigation to protect against international terrorism or clandestine intelligence activities concerned1 to believe that a violation of the nondisclosure requirements would-- 7,a7 significantly threaten national security2 7,b7 interfere with an ongoing investigation2 7,c7 endanger the life or physical safety of any person2 or 7,d7 impair diplomatic relations4 7#c7 ,any extension of the period of effectiveness of nondisclosure requirements under paragraph 7#b7 may be extended for additional periods of not more than #ahj days each in accordance with the provisions of this subsection4 7#d7 ,the ,attorney ,general shall notify the recipient of a request described in paragraph 7#a7 that contains nondisclosure requirements of each petition for the extension of the period of effectiveness of such nondisclosure requirements that is filed by the ,attorney ,general under this subsection4 4 7e7 ,use of information 7#a7 ,information concerning a ,united ,states person ,no information acquired pursuant to a national security letter concerning a ,united ,states person may be used in violation of the minimization procedures adopted pursuant to subsection 7b77#c7 or required pursuant to subsection 7c77#b71 as applicable4 7#b7 ,certain information obtained during emergencies 7,a7 ,in general ,in the case of a national security letter issued pursuant to subsection 7c71 if the application for approval of issuance described in paragraph 7#a77;,d7 of that subsection is denied or if the production of information is terminated without the issuance of an order of approval1 no information obtained or evidence derived from the national security letter 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 any authority of the ,united ,states1 a ,state1 or political subdivision thereof1 and no information concerning any ,united ,states person acquired from such production shall subsequently be used or disclosed in any other manner by any officer or employee of the ,united ,states without the consent of such person1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7,b7 ,assessment of compliance ,the ,attorney ,general shall assess and ensure compliance with the limitations in subparagraph 7,a74 7#c7 ,privileged ,no otherwise privileged information acquired pursuant to a national security letter shall lose its privileged character4 7#d7 ,lawful purposes ,no information acquired pursuant to a national security letter may be used or disclosed by officers or employees of the ,united ,states except for lawful purposes4 #g4 ,effective date ,this ,act and the amendments made by this ,act shall take effect #ahj days after the date of the enactment of this ,act4