,,ii ,calendar ,no4 #dii #aacth ,,congress #b;d ,session ,s4 #bfhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bi1 #bjad ,mr4 ,leahy 7for himself1 ,mr4 ,lee1 ,mr4 ,durbin1 ,mr4 ,heller1 ,mr4 ,franken1 ,mr4 ,cruz1 ,mr4 ,blumenthal1 ,mr4 ,udall of ,new ,mexico1 ,mr4 ,coons1 ,mr4 ,heinrich1 ,mr4 ,markey1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,whitehouse1 ,mr4 ,schumer1 and ,mr4 ,sanders7 introduced the following bill2 which was read the first time ,july #cj1 #bjad,read the second time and placed on the calendar ,a ,,bill ,to reform the authorities of the ,federal ,government to require the production of certain business records1 conduct electronic surveillance1 use pen registers and trap and trace devices1 and use other forms of information gathering for foreign intelligence1 counterterrorism1 and criminal purposes1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,uniting and ,strengthening ,america by ,fulfilling ,rights and ,ensuring ,effective ,discipline ,over ,monitoring ,act of #bjad or the ,,usa ,,freedom ,act of #bjad4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,amendments to the ,foreign ,intelligence ,surveillance ,act of #aigh4 ,,title ,i--,,fisa business records reforms ,sec4 #aja4 ,additional requirements for call detail records4 ,sec4 #ajb4 ,emergency authority4 ,sec4 #ajc4 ,prohibition on bulk collection of tangible things4 ,sec4 #ajd4 ,judicial review4 ,sec4 #aje4 ,liability protection4 ,sec4 #ajf4 ,compensation for assistance4 ,sec4 #ajg4 ,definitions4 ,sec4 #ajh4 ,inspector ,general reports on business records orders4 ,sec4 #aji4 ,effective date4 ,sec4 #aaj4 ,rule of construction4 ,,title ,,ii--,,fisa pen register and trap and trace device reform ,sec4 #bja4 ,prohibition on bulk collection4 ,sec4 #bjb4 ,privacy procedures4 ,,title ,,iii--,,fisa acquisitions targeting persons outside the ,united ,states reforms ,sec4 #cja4 ,limits on use of unlawfully obtained information4 ,,title ,,iv--,foreign ,intelligence ,surveillance ,court reforms ,sec4 #dja4 ,appointment of amicus curiae4 ,sec4 #djb4 ,declassification of decisions1 orders1 and opinions4 ,,title ,v--,national ,security ,letter reform ,sec4 #eja4 ,prohibition on bulk collection4 ,sec4 #ejb4 ,limitations on disclosure of national security letters4 ,sec4 #ejc4 ,judicial review4 ,,title ,,vi--,,fisa transparency and reporting requirements ,sec4 #fja4 ,additional reporting on orders requiring production of business records2 business records compliance reports to ,congress4 ,sec4 #fjb4 ,annual reports by the ,government4 ,sec4 #fjc4 ,public reporting by persons subject to ,,fisa orders4 ,sec4 #fjd4 ,reporting requirements for decisions1 orders1 and opinions of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review4 ,sec4 #fje4 ,submission of reports under ,,fisa4 ,,title ,,vii--,sunsets ,sec4 #gja4 ,sunsets4 #b4 ,amendments to the ,foreign ,intelligence ,surveillance ,act of #aigh ,except as otherwise expressly provided1 whenever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or a repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 ,i ,,fisa business records reforms #aja4 ,additional requirements for call detail records 7a7 ,application ,section #eja7;b77#b7 7#ej ,u4,s4,c4 #ahfa7;b77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the matter preceding clause 7i71 by striking a statement and inserting in the case of an application other than an application described in subparagraph 7,c7 7including an application for the production of call detail records other than in the manner described in subparagraph 7,c771 a statement2 and 7,b7 in clause 7iii71 by striking 2 and and inserting a semicolon2 7#b7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,d71 respectively2 and 7#c7 by inserting after subparagraph 7,b7 7as so redesignated7 the following new subparagraph3 7,c7 in the case of an application for the production on a daily basis of call detail records created before1 on1 or after the date of the application relating to an authorized investigation 7other than a threat assessment7 conducted in accordance with subsection 7a77#b7 to protect against international terrorism1 a statement of facts showing that-- 7i7 there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph 7,a7 are relevant to such investigation2 and 7ii7 there is a reasonable1 articulable suspicion that such specific selection term is associated with a foreign power engaged in international terrorism or activities in preparation therefor1 or an agent of a foreign power engaged in international terrorism or activities in preparation therefor2 and 4 7b7 ,order ,section #eja7;c77#b7 7#ej ,u4,s4,c4 #ahfa7;c77#b77 is amended-- 7#a7 in subparagraph 7,d71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,e71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new subparagraph3 7,f7 in the case of an application described in subsection 7b77#b77;,c71 shall-- 7i7 authorize the production on a daily basis of call detail records for a period not to exceed #ahj days2 7ii7 provide that an order for such production may be extended upon application under subsection 7b7 and the judicial finding under paragraph 7#a7 of this subsection2 7iii7 provide that the ,government may require the prompt production of call detail records-- 7,i7 using the specific selection term that satisfies the standard required under subsection 7b77#b77;,c77ii7 as the basis for production2 and 7,,ii7 using call detail records with a direct connection to such specific selection term as the basis for production of a second set of call detail records2 7iv7 provide that1 when produced1 such records be in a form that will be useful to the ,government2 7v7 direct each person the ,government directs to produce call detail records under the order to furnish the ,government forthwith all information1 facilities1 or technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such person is providing to each subject of the production2 and 7vi7 direct the ,government to-- 7,i7 adopt minimization procedures that require the prompt destruction of all call detail records produced under the order that the ,government determines are not foreign intelligence information2 and 7,,ii7 destroy all call detail records produced under the order as prescribed by such procedures4 4 #ajb4 ,emergency authority 7a7 ,authority ,section #eja 7#ej ,u4,s4,c4 #ahfa7 is amended by adding at the end the following new subsection3 7i7 ,emergency authority for production of tangible things 7#a7 ,notwithstanding any other provision of this section1 the ,attorney ,general may require the emergency production of tangible things if the ,attorney ,general-- 7,a7 reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained2 7,b7 reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists2 7,c7 informs1 either personally or through a designee1 a judge having jurisdiction under this section at the time the ,attorney ,general requires the emergency production of tangible things that the decision has been made to employ the authority under this subsection2 and 7,d7 makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable1 but not later than #g days after the ,attorney ,general requires the emergency production of tangible things under this subsection4 7#b7 ,if the ,attorney ,general authorizes the emergency production of tangible things under paragraph 7#a71 the ,attorney ,general shall require that the minimization procedures required by this section for the issuance of a judicial order be followed4 7#c7 ,in the absence of a judicial order approving the production of tangible things under this subsection1 the production shall terminate when the information sought is obtained1 when the application for the order is denied1 or after the expiration of #g days from the time the ,attorney ,general begins requiring the emergency production of such tangible things1 whichever is earliest4 7#d7 ,a denial of the application made under this subsection may be reviewed as provided in section #ajc4 7#e7 ,if such application for approval is denied1 or in any other case where the production of tangible things is terminated and no order is issued approving the production1 no information obtained or evidence derived from such production 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 a 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 ,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 7#f7 ,the ,attorney ,general shall assess compliance with the requirements of paragraph 7#e74 4 7b7 ,conforming amendment ,section #eja7;d7 7#ej ,u4,s4,c4 #ahfa7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking pursuant to an order and inserting pursuant to an order issued or an emergency production required2 7,b7 in subparagraph 7,a71 by striking such order and inserting such order or such emergency production2 and 7,c7 in subparagraph 7,b71 by striking the order and inserting the order or the emergency production2 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by striking an order and inserting an order or emergency production2 and 7,b7 in subparagraph 7,b71 by striking an order and inserting an order or emergency production4 #ajc4 ,prohibition on bulk collection of tangible things 7a7 ,application ,section #eja7;b77#b7 7#ej ,u4,s4,c4 #ahfa7;b77#b771 as amended by section #aja7;a7 of this ,act1 is further amended by inserting before subparagraph 7,b71 as redesignated by such section #aja7;a7 of this ,act1 the following new subparagraph3 7,a7 a specific selection term to be used as the basis for the production of the tangible things sought2 4 7b7 ,order ,section #eja7;c7 7#ej ,u4,s4,c4 #ahfa7;c77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking the semicolon and inserting 1 including each specific selection term to be used as the basis for the production22 and 7#b7 by adding at the end the following new paragraph3 7#c7 ,no order issued under this subsection may authorize the collection of tangible things without the use of a specific selection term that meets the requirements of subsection 7b77#b74 4 7c7 ,minimization procedures ,section #eja7;g77#b7 7#ej ,u4,s4,c4 #ahfa7;g77#b77 is amended-- 7#a7 in subparagraph 7,b71 by striking and at the end2 7#b7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 7#c7 by inserting after subparagraph 7,b7 the following3 7,c7 for orders in which the specific selection term does not specifically identify an individual1 account1 or personal device1 procedures that prohibit the dissemination1 and require the destruction within a reasonable time period 7which time period shall be specified in the order71 of any tangible thing or information therein that has not been determined to relate to a person who is-- 7i7 a subject of an authorized investigation2 7ii7 a foreign power or a suspected agent of a foreign power2 7iii7 reasonably likely to have information about the activities of-- 7,i7 a subject of an authorized investigation2 or 7,,ii7 a suspected agent of a foreign power who is associated with a subject of an authorized investigation2 or 7iv7 in contact with or known to-- 7,i7 a subject of an authorized investigation2 or 7,,ii7 a suspected agent of a foreign power who is associated with a subject of an authorized investigation1 unless the tangible thing or information therein indicates a threat of death or serious bodily harm to any person or is disseminated to another element of the intelligence community for the sole purpose of determining whether the tangible thing or information therein relates to a person who is described in clause 7i71 7ii71 7iii71 or 7iv72 and 2 and 7#d7 in subparagraph 7,d71 as so redesignated1 by striking 7,a7 and 7,b7 and inserting 7,a71 7,b71 and 7,c74 #ajd4 ,judicial review 7a7 ,minimization procedures 7#a7 ,judicial review ,section #eja7;c77#a7 7#ej ,u4,s4,c4 #ahfa7;c77#a77 is amended by inserting after subsections 7a7 and 7b7 the following3 and that the minimization procedures submitted in accordance with subsection 7b77#b77;,d7 meet the definition of minimization procedures under subsection 7g74 7#b7 ,technical and conforming amendment ,section #eja7;g77#a7 7#ej ,u4,s4,c4 #ahfa7;g77#a77 is amended-- 7,a7 by striking ,not later than #ahj days after the date of the enactment of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje1 the and inserting ,the2 and 7,b7 by inserting after adopt the following3 1 and update as appropriate14 7b7 ,orders ,section #eja7;f77#b7 7#ej ,u4,s4,c4 #ahfa7;f77#b77 is amended-- 7#a7 in subparagraph 7,a77i7-- 7,a7 by striking that order and inserting the production order or any nondisclosure order imposed in connection with the production order2 and 7,b7 by striking the second sentence2 and 7#b7 in subparagraph 7,c7-- 7,a7 by striking clause 7ii72 and 7,b7 by redesignating clause 7iii7 as clause 7ii74 #aje4 ,liability protection ,section #eja7;e7 7#ej ,u4,s4,c4 #ahfa7;e77 is amended to read as follows3 7e7 7#a7 ,no cause of action shall lie in any court against a person who-- 7,a7 produces tangible things or provides information1 facilities1 or technical assistance in accordance with an order issued or an emergency production required under this section2 or 7,b7 otherwise provides technical assistance to the ,government under this section or to implement the amendments made to this section by the ,,usa ,,freedom ,act of #bjad4 7#b7 ,a production or provision of information1 facilities1 or technical assistance described in paragraph 7#a7 shall not be deemed to constitute a waiver of any privilege in any other proceeding or context4 4 #ajf4 ,compensation for assistance ,section #eja 7#ej ,u4,s4,c4 #ahfa71 as amended by section #ajb of this ,act1 is further amended by adding at the end the following new subsection3 7j7 ,compensation ,the ,government shall compensate a person for reasonable expenses incurred for-- 7#a7 producing tangible things or providing information1 facilities1 or assistance in accordance with an order issued with respect to an application described in subsection 7b77#b77;,c7 or an emergency production under subsection 7i7 that1 to comply with subsection 7i77#a77;,d71 requires an application described in subsection 7b77#b77;,c72 or 7#b7 otherwise providing technical assistance to the ,government under this section or to implement the amendments made to this section by the ,,usa ,,freedom ,act of #bjad4 4 #ajg4 ,definitions ,section #eja 7#ej ,u4,s4,c4 #ahfa71 as amended by section #ajf of this ,act1 is further amended by adding at the end the following new subsection3 7k7 ,definitions ,in this section3 7#a7 ,address ,the term address means a physical address or electronic address1 such as an electronic mail address1 temporarily assigned network address1 or ,internet protocol address4 7#b7 ,call detail record ,the term call detail record-- 7,a7 means session identifying information 7including an originating or terminating telephone number1 an ,international ,mobile ,subscriber ,identity number1 or an ,international ,mobile ,station ,equipment ,identity number71 a telephone calling card number1 or the time or duration of a call2 and 7,b7 does not include-- 7i7 the contents 7as defined in section #beaj7h7 of title #ah1 ,united ,states ,code7 of any communication2 7ii7 the name1 address1 or financial information of a subscriber or customer2 or 7iii7 cell site location information4 7#c7 ,specific selection term 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term specific selection term-- 7i7 means a term that specifically identifies a person1 account1 address1 or personal device1 or another specific identifier1 that is used by the ,government to narrowly limit the scope of tangible things sought to the greatest extent reasonably practicable1 consistent with the purpose for seeking the tangible things2 and 7ii7 does not include a term that does not narrowly limit the scope of the tangible things sought to the greatest extent reasonably practicable1 consistent with the purpose for seeking the tangible things1 such as-- 7,i7 a term based on a broad geographic region1 including a city1 ,state1 zip code1 or area code1 when not used as part of a specific identifier as described in clause 7i72 or 7,,ii7 a term identifying an electronic communication service provider 7as that term is defined in section #gja7 or a provider of remote computing service 7as that term is defined in section #bgaa of title #ah1 ,united ,states ,code71 when not used as part of a specific identifier as described in clause 7i71 unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis of production4 7,b7 ,call detail record applications ,for purposes of an application submitted under subsection 7b77#b77;,c71 the term specific selection term means a term that specifically identifies an individual1 account1 or personal device4 4 #ajh4 ,inspector ,general reports on business records orders ,section #ajf;,a of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #abj ,stat4 #bjj7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting and calendar years #bjab through #bjad after #bjjf2 7,b7 by striking paragraphs 7#b7 and 7#c72 7,c7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#c7 7as so redesignated7-- 7i7 by striking subparagraph 7,c7 and inserting the following new subparagraph3 7,c7 with respect to calendar years #bjab through #bjad1 an examination of the minimization procedures used in relation to orders under section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons2 2 and 7ii7 in subparagraph 7,d71 by striking 7as such term is defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja;a7#d7772 7#b7 in subsection 7c71 by adding at the end the following new paragraph3 7#c7 ,calendar years #bjab through #bjad ,not later than ,december #ca1 #bjae1 the ,inspector ,general of the ,department of ,justice shall submit to the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate and the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a report containing the results of the audit conducted under subsection 7a7 for calendar years #bjab through #bjad4 2 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 7#d7 by inserting after subsection 7c7 the following new subsection3 7d7 ,intelligence assessment 7#a7 ,in general ,for the period beginning on ,january #a1 #bjab1 and ending on ,december #ca1 #bjad1 the ,inspector ,general of the ,intelligence ,community shall assess-- 7,a7 the importance of the information acquired under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 to the activities of the intelligence community2 7,b7 the manner in which that information was collected1 retained1 analyzed1 and disseminated by the intelligence community2 7,c7 the minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons2 and 7,d7 any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section #ajc7;a7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;a774 7#b7 ,submission date for assessment ,not later than #ahj days after the date on which the ,inspector ,general of the ,department of ,justice submits the report required under subsection 7c77#c71 the ,inspector ,general of the ,intelligence ,community shall submit to the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate and the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a report containing the results of the assessment for calendar years #bjab through #bjad4 2 7#e7 in subsection 7e71 as redesignated by paragraph 7#c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking a report under subsection 7c77#a7 or 7c77#b7 and inserting any report under subsection 7c7 or 7d72 and 7ii7 by striking ,inspector ,general of the ,department of ,justice and inserting ,inspector ,general of the ,department of ,justice1 the ,inspector ,general of the ,intelligence ,community1 and any ,inspector ,general of an element of the intelligence community that prepares a report to assist the ,inspector ,general of the ,department of ,justice or the ,inspector ,general of the ,intelligence ,community in complying with the requirements of this section2 and 7,b7 in paragraph 7#b71 by striking the reports submitted under subsections 7c77#a7 and 7c77#b7 and inserting any report submitted under subsection 7c7 or 7d72 7#f7 in subsection 7f71 as redesignated by paragraph 7#c7-- 7,a7 by striking ,the reports submitted under subsections 7c77#a7 and 7c77#b7 and inserting ,each report submitted under subsection 7c72 and 7,b7 by striking subsection 7d77#b7 and inserting subsection 7e77#b72 and 7#g7 by adding at the end the following new subsection3 7g7 ,definitions ,in this section3 7#a7 ,intelligence community ,the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#b7 ,united ,states person ,the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 4 #aji4 ,effective date 7a7 ,in general ,the amendments made by sections #aja through #ajc shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7b7 ,rule of construction ,nothing in this ,act shall be construed to alter or eliminate the authority of the ,government to obtain an order under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 as in effect prior to the effective date described in subsection 7a7 during the period ending on such effective date4 #aaj4 ,rule of construction ,nothing in this ,act shall be construed to authorize the production of the contents 7as such term is defined in section #beaj7h7 of title #ah1 ,united ,states ,code7 of any electronic communication from an electronic communication service provider 7as such term is defined in section #gja7;b77#d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha7;b77#d77 under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq474 ,,ii ,,fisa pen register and trap and trace device reform #bja4 ,prohibition on bulk collection 7a7 ,prohibition ,section #djb7;c7 7#ej ,u4,s4,c4 #ahdb7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#b7-- 7,a7 by striking a certification by the applicant and inserting a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant2 and 7,b7 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#c7 a specific selection term to be used as the basis for the installation or use of the pen register or trap and trace device4 4 7b7 ,definition ,section #dja 7#ej ,u4,s4,c4 #ahda7 is amended by adding at the end the following new paragraph3 7#d7 7,a7 ,the term specific selection term-- 7i7 means a term that specifically identifies a person1 account1 address1 or personal device1 or another specific identifier1 that is used by the ,government to narrowly limit the scope of information sought to the greatest extent reasonably practicable1 consistent with the purpose for the installation or use of the pen register or trap and trace device2 and 7ii7 does not include a term that does not narrowly limit the scope of information sought to the greatest extent reasonably practicable1 consistent with the purpose for the installation or use of the pen register or trap and trace device1 such as-- 7,i7 a term based on a broad geographic region1 including a city1 ,state1 zip code1 or area code1 when not used as part of a specific identifier as described in clause 7i72 or 7,,ii7 a term identifying an electronic communication service provider 7as defined in section #gja7 or a provider of remote computing service 7as that term is defined in section #bgaa of title #ah1 ,united ,states ,code71 when not used as part of a specific identifier as described in clause 7i71 unless the provider is itself a subject of an authorized investigation for which the specific selection term is used as the basis for the installation or use of the pen register or trap and trace device4 7,b7 ,for purposes of subparagraph 7,a71 the term address means a physical address or electronic address1 such as an electronic mail address1 temporarily assigned network address1 or ,internet protocol address4 4 #bjb4 ,privacy procedures 7a7 ,in general ,section #djb 7#ej ,u4,s4,c4 #ahdb7 is amended by adding at the end the following new subsection3 7h7 ,privacy procedures 7#a7 ,in general ,the ,attorney ,general shall ensure that appropriate policies and procedures are in place to safeguard nonpublicly available information concerning ,united ,states persons that is collected through the use of a pen register or trap and trace device installed under this section4 ,such policies and procedures shall1 to the maximum extent practicable and consistent with the need to protect national security1 include privacy protections that apply to the collection1 retention1 and use of information concerning ,united ,states persons4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to limit the authority of the court established under section #ajc7;a7 or of the ,attorney ,general to impose additional privacy or minimization procedures with regard to the installation or use of a pen register or trap and trace device4 7#c7 ,compliance assessment ,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 privacy procedures required by this subsection by reviewing the circumstances under which information concerning ,united ,states persons was collected1 retained1 or disseminated4 4 7b7 ,emergency authority ,section #djc 7#ej ,u4,s4,c4 #ahdc7 is amended by adding at the end the following new subsection3 7d7 ,privacy procedures ,information collected through the use of a pen register or trap and trace device installed under this section shall be subject to the policies and procedures required under section #djb7;h74 4 ,,iii ,,fisa acquisitions targeting persons outside the ,united ,states reforms #cja4 ,limits on use of unlawfully obtained information ,section #gjb7;i77#c7 7#ej ,u4,s4,c4 #ahha;a7i77#c77 is amended by adding at the end the following new subparagraph3 7,d7 ,limitation on use of information 7i7 ,in general ,except as provided in clause 7ii71 if the ,court orders a correction of a deficiency in a certification or procedures under subparagraph 7,b71 no information obtained or evidence derived pursuant to the part of the certification or procedures that has been identified by the ,court as deficient 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 pursuant to such part of such certification or procedures 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 7ii7 ,exception ,if the ,government corrects any deficiency identified by the order of the ,court under subparagraph 7,b71 the ,court may permit the use or disclosure of information obtained before the date of the correction under such minimization procedures as the ,court shall establish for purposes of this clause4 4 ,,iv ,foreign ,intelligence ,surveillance ,court reforms #dja4 ,appointment of amicus curiae ,section #ajc 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following new subsection3 7i7 ,amicus curiae 7#a7 ,appointment of special advocates ,in consultation with the ,privacy and ,civil ,liberties ,oversight ,board1 the presiding judges of the courts established under subsections 7a7 and 7b7 shall1 not later than #ahj days after the enactment of this subsection1 jointly appoint not fewer than #e attorneys to serve as special advocates1 who shall serve pursuant to rules the presiding judges may establish4 ,such individuals shall be persons who possess expertise in privacy and civil liberties1 intelligence collection1 telecommunications1 or any other relevant area of expertise and who are determined to be eligible for access to classified information necessary to participate in matters before the courts4 7#b7 ,authorization ,a court established under subsection 7a7 or 7b71 consistent with the requirement of subsection 7c7 and any other statutory requirement that the court act expeditiously or within a stated time-- 7,a7 shall designate a special advocate to serve as amicus curiae to assist such court in the consideration of any certification pursuant to subsection 7j7 or any application for an order or review that1 in the opinion of the court1 presents a novel or significant interpretation of the law1 unless the court issues a written finding that such appointment is not appropriate2 and 7,b7 may designate or allow an individual or organization to serve as amicus curiae or to provide technical expertise in any other instance as such court deems appropriate4 7#c7 ,rule of construction ,an application for an order or review shall be considered to present a novel or significant interpretation of the law if such application involves application of settled law to novel technologies or circumstances1 or any other novel or significant construction or interpretation of any provision of law or of the ,constitution of the ,united ,states1 including any novel and significant interpretation of the term specific selection term4 7#d7 ,duties 7,a7 ,in general ,if a court established under subsection 7a7 or 7b7 designates a special advocate to participate as an amicus curiae in a proceeding1 the special advocate-- 7i7 shall advocate1 as appropriate1 in support of legal interpretations that advance individual privacy and civil liberties2 7ii7 shall have access to all relevant legal precedent1 and any application1 certification1 petition1 motion1 or such other materials as are relevant to the duties of the special advocate2 7iii7 may consult with any other special advocates regarding information relevant to any assigned case1 including sharing relevant materials2 and 7iv7 may request that the court appoint technical and subject matter experts1 not employed by the ,government1 to be available to assist the special advocate in performing the duties of the special advocate4 7,b7 ,briefings or access to materials ,the ,attorney ,general shall periodically brief or provide relevant materials to special advocates regarding constructions and interpretations of this ,act and legal1 technological and other issues related to actions authorized by this ,act4 7,c7 ,access to classified information 7i7 ,in general ,a special advocate1 experts appointed to assist a special advocate1 or any other amicus or technical expert appointed by the court may have access to classified documents1 information1 and other materials or proceedings only if that individual is eligible for access to classified information and to the extent consistent with the national security of the ,united ,states4 7ii7 ,rule of construction ,nothing in this section shall be construed to require the ,government to provide information to a special advocate1 other amicus1 or technical expert that is privileged from disclosure4 7#e7 ,notification ,the presiding judges of the courts established under subsections 7a7 and 7b7 shall notify the ,attorney ,general of each exercise of the authority to appoint an individual to serve as 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 or other support for an individual appointed to serve as a special advocate under paragraph 7#a7 in a manner that is not inconsistent with this subsection4 7j7 ,review of ,,fisa court decisions ,after issuing an order1 a court established under subsection 7a7 shall certify for review to the court established under subsection 7b7 any question of law that the court determines warrants such review because of a need for uniformity or because consideration by the court established under subsection 7b7 would serve the interests of justice4 ,upon certification of a question of law under this paragraph1 the court established under subsection 7b7 may give binding instructions or require the entire record to be sent up for decision of the entire matter in controversy4 7k7 ,review of ,,fisa court of review decisions 7#a7 ,certification ,for any decision issued by the court of review established under subsection 7b7 approving1 in whole or in part1 an application by the ,government under this ,act1 such court may certify at any time1 including after a decision1 a question of law to be reviewed by the ,supreme ,court of the ,united ,states4 7#b7 ,special advocate briefing ,upon certification of an application under paragraph 7#a71 the court of review established under subsection 7b7 may designate a special advocate to provide briefing as prescribed by the ,supreme ,court4 7#c7 ,review ,the ,supreme ,court may review any question of law certified under paragraph 7#a7 by the court of review established under subsection 7b7 in the same manner as the ,supreme ,court reviews questions certified under section #abed7b7 of title #bh1 ,united ,states ,code4 7l7 ,payment for service as special advocate ,a special advocate designated in a proceeding pursuant to subsection 7i77#b77;,a7 of this section may seek1 at the conclusion of the proceeding in which the special advocate was designated1 compensation for services provided pursuant to the designation4 ,a special advocate seeking compensation shall be compensated in an amount reflecting fair compensation for the services provided1 as determined by the court designating the special advocate and approved by the presiding judges of the courts established under subsections 7a7 and 7b74 7m7 ,appropriations ,there are authorized to be appropriated to the ,united ,states courts such sums as may be necessary to carry out the provisions of this section4 ,when so specified in appropriation acts1 such appropriations shall remain available until expended4 ,payments from such appropriations shall be made under the supervision of the ,director of the ,administrative ,office of the ,united ,states ,courts4 4 #djb4 ,declassification of decisions1 orders1 and opinions 7a7 ,declassification ,title ,,vi 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 ,intelligence1 in consultation with the ,attorney ,general1 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 7as defined in section #fja7;e77 that includes a significant construction or interpretation of law1 including any novel or significant construction or interpretation of the term specific selection term1 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 ,intelligence1 in consultation with the ,attorney ,general1 may satisfy the requirement under subsection 7a7 to make a decision1 order1 or opinion 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 ,intelligence1 in consultation with the ,attorney ,general1 may waive the requirement to declassify and make publicly available a particular decision1 order1 or opinion under subsection 7a7 if-- 7#a7 the ,director of ,national ,intelligence1 in consultation with the ,attorney ,general1 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 the ,director of ,national ,intelligence makes publicly available an unclassified statement prepared by the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence-- 7,a7 summarizing the significant construction or interpretation of law1 which shall include1 to the extent consistent with national security1 each legal question addressed by the decision and how such question was resolved1 in general terms the context in which the matter arises1 and a description of the construction or interpretation of any statute1 constitutional provision1 or other legal authority relied on by the decision2 and 7,b7 that specifies that the statement has been prepared by the ,attorney ,general and constitutes no part of the opinion of the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review4 4 7b7 ,table of contents amendments ,the table of contents in the first section 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 ,v ,national ,security ,letter reform #eja4 ,prohibition on bulk collection 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji7;b7 of title #ah1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking may and inserting may1 using a term that specifically identifies a person1 entity1 telephone number1 or account as the basis for a request4 7b7 ,access to financial records for certain intelligence and protective purposes ,section #aaad7;a77#b7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#b77 is amended by striking the period and inserting and a term that specifically identifies a customer1 entity1 or account to be used as the basis for the production and disclosure of financial records44 7c7 ,disclosures to ,,fbi of certain consumer records for counterintelligence purposes ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended-- 7#a7 in subsection 7a71 by striking that information1 and inserting that information that includes a term that specifically identifies a consumer or account to be used as the basis for the production of that information12 7#b7 in subsection 7b71 by striking written request1 and inserting written request that includes a term that specifically identifies a consumer or account to be used as the basis for the production of that information12 and 7#c7 in subsection 7c71 by inserting 1 which shall include a term that specifically identifies a consumer or account to be used as the basis for the production of the information1 after issue an order ex parte4 7d7 ,disclosures to governmental agencies for counterterrorism purposes of consumer reports ,section #fbg7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7a77 is amended by striking analysis4 and inserting analysis and that includes a term that specifically identifies a consumer or account to be used as the basis for the production of such information44 #ejb4 ,limitations on disclosure of national security letters 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji of title #ah1 ,united ,states ,code1 is amended by striking subsection 7c7 and inserting the following new subsection3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7d7 is provided1 no wire or electronic communication service provider that receives a request under subsection 7b71 or officer1 employee1 or agent thereof1 shall disclose to any person that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under this section4 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or a ,special ,agent in ,charge of a ,bureau field office1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a wire or electronic communication service provider that receives a request under subsection 7b71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7b7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the ,director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,termination 7,a7 ,in general ,in the case of any request under subsection 7b7 for which a recipient has submitted a notification to the ,government under section #ceaa7;b77#a77;,a7 or filed a petition for judicial review under subsection 7d7-- 7i7 an appropriate official of the ,federal ,bureau of ,investigation shall1 until termination of the nondisclosure requirement1 review the facts supporting a nondisclosure requirement annually and upon closure of the investigation2 and 7ii7 if1 upon a review under clause 7i71 the facts no longer support the nondisclosure requirement1 an appropriate official of the ,federal ,bureau of ,investigation shall promptly notify the wire or electronic service provider1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement1 and the court as appropriate1 that the nondisclosure requirement is no longer in effect4 7,b7 ,closure of investigation ,upon closure of the investigation-- 7i7 the ,federal ,bureau of ,investigation may petition the court before which a notification or petition for judicial review under subsection 7d7 has been filed for a determination that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 if it notifies the recipient of such petition2 7ii7 the court shall review such a petition pursuant to the procedures under section #ceaa2 and 7iii7 if the court determines that there is reason to believe that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 the ,federal ,bureau of ,investigation shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph 7,a74 4 7b7 ,access to financial records for certain intelligence and protective purposes ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7 is amended-- 7#a7 in subsection 7a77#e71 by striking subparagraph 7,d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7d7 is provided1 no financial institution that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 shall disclose to any person that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or a ,special ,agent in ,charge of a ,bureau field office1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a financial institution that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the ,director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,termination 7,a7 ,in general ,in the case of any request under subsection 7a7 for which a recipient has submitted a notification to the ,government under section #ceaa7;b77#a77;,a7 of title #ah1 ,united ,states ,code1 or filed a petition for judicial review under subsection 7d7-- 7i7 an appropriate official of the ,federal ,bureau of ,investigation shall1 until termination of the nondisclosure requirement1 review the facts supporting a nondisclosure requirement annually and upon closure of the investigation2 and 7ii7 if1 upon a review under clause 7i71 the facts no longer support the nondisclosure requirement1 an appropriate official of the ,federal ,bureau of ,investigation shall promptly notify the financial institution1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement1 and the court as appropriate1 that the nondisclosure requirement is no longer in effect4 7,b7 ,closure of investigation ,upon closure of the investigation-- 7i7 the ,federal ,bureau of ,investigation may petition the court before which a notification or petition for judicial review under subsection 7d7 has been filed for a determination that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 if it notifies the recipient of such petition2 7ii7 the court shall review such a petition pursuant to the procedures under section #ceaa of title #ah1 ,united ,states ,code2 and 7iii7 if the court determines that there is reason to believe that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 the ,federal ,bureau of ,investigation shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph 7,a74 4 7c7 ,identity of financial institutions and credit reports ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended by striking subsection 7d7 and inserting the following new subsection3 7d7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7e7 is provided1 no consumer reporting agency that receives a request under subsection 7a7 or 7b7 or an order under subsection 7c71 or officer1 employee1 or agent thereof1 shall disclose or specify in any consumer report1 that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under subsection 7a71 7b71 or 7c74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director whose rank shall be no lower than ,deputy ,assistant ,director at ,bureau headquarters or a ,special ,agent in ,charge of a ,bureau field office1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a consumer reporting agency that receives a request under subsection 7a7 or 7b7 or an order under subsection 7c71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request under subsection 7a7 or 7b7 or an order under subsection 7c7 is issued in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the ,director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,termination 7,a7 ,in general ,in the case of any request under subsection 7a7 or 7b7 or order under subsection 7c7 for which a recipient has submitted a notification to the ,government under section #ceaa7;b77#a77;,a7 of title #ah1 ,united ,states ,code1 or filed a petition for judicial review under subsection 7e7-- 7i7 an appropriate official of the ,federal ,bureau of ,investigation shall1 until termination of the nondisclosure requirement1 review the facts supporting a nondisclosure requirement annually and upon closure of the investigation2 and 7ii7 if1 upon a review under clause 7i71 the facts no longer support the nondisclosure requirement1 an appropriate official of the ,federal ,bureau of ,investigation shall promptly notify the consumer reporting agency1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement1 and the court as appropriate1 that the nondisclosure requirement is no longer in effect4 7,b7 ,closure of investigation ,upon closure of the investigation-- 7i7 the ,federal ,bureau of ,investigation may petition the court before which a notification or petition for judicial review under subsection 7e7 has been filed for a determination that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 if it notifies the recipient of such petition2 7ii7 the court shall review such a petition pursuant to the procedures under section #ceaa of title #ah1 ,united ,states ,code2 and 7iii7 if the court determines that there is reason to believe that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 the ,federal ,bureau of ,investigation shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph 7,a74 4 7d7 ,consumer reports ,section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is amended by striking subsection 7c7 and inserting the following new subsection3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7d7 is provided1 no consumer reporting agency that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 shall disclose or specify in any consumer report1 that a government agency described in subsection 7a7 has sought or obtained access to information or records under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the head of the government agency described in subsection 7a71 or a designee1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a consumer reporting agency that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the head of the government agency described in subsection 7a7 or a designee4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request under subsection 7a7 is issued in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the head of the government agency described in subsection 7a7 or a designee1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the head or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,termination 7,a7 ,in general ,in the case of any request under subsection 7a7 for which a recipient has submitted a notification to the ,government under section #ceaa7;b77#a77;,a7 of title #ah1 ,united ,states ,code1 or filed a petition for judicial review under subsection 7d7-- 7i7 an appropriate official of the agency described in subsection 7a7 shall1 until termination of the nondisclosure requirement1 review the facts supporting a nondisclosure requirement annually and upon closure of the investigation2 and 7ii7 if1 upon a review under clause 7i71 the facts no longer support the nondisclosure requirement1 an appropriate official of the agency described in subsection 7a7 shall promptly notify the consumer reporting agency1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement1 and the court as appropriate1 that the nondisclosure requirement is no longer in effect4 7,b7 ,closure of investigation ,upon closure of the investigation-- 7i7 the agency described in subsection 7a7 may petition the court before which a notification or petition for judicial review under subsection 7d7 has been filed for a determination that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 if it notifies the recipient of such petition2 7ii7 the court shall review such a petition pursuant to the procedures under section #ceaa of title #ah1 ,united ,states ,code2 and 7iii7 if the court determines that there is reason to believe that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 the agency described in subsection 7#a7 shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph 7,a74 4 7e7 ,investigations of persons with access to classified information ,section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 is amended by striking subsection 7b7 and inserting the following new subsection3 7b7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under subsection 7c7 is provided1 no governmental or private entity that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 shall disclose to any person that an authorized investigative agency described in subsection 7a7 has sought or obtained access to information under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the head of an authorized investigative agency described in subsection 7a71 or a designee1 certifies that the absence of a prohibition of disclosure under this subsection may result in-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a governmental or private entity that receives a request under subsection 7a71 or officer1 employee1 or agent thereof1 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the head of the authorized investigative agency described in subsection 7a7 or a designee4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 in the same manner as the person to whom the request is issued4 7,c7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7,d7 ,identification of disclosure recipients ,at the request of the head of an authorized investigative agency described in subsection 7a71 or a designee1 any person making or intending to make a disclosure under clause 7i7 or 7iii7 of subparagraph 7,a7 shall identify to the head of the authorized investigative agency or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request4 7#c7 ,termination 7,a7 ,in general ,in the case of any request for which a recipient has submitted a notification to the ,government under section #ceaa7;b77#a77;,a7 of title #ah1 ,united ,states ,code1 or filed a petition for judicial review under subsection 7c7-- 7i7 an appropriate official of the authorized investigative agency making the request under subsection 7a7 shall1 until termination of the nondisclosure requirement1 review the facts supporting a nondisclosure requirement annually and upon closure of the investigation2 and 7ii7 if1 upon a review under clause 7i71 the facts no longer support the nondisclosure requirement1 an appropriate official of the authorized investigative agency making the request under subsection 7a7 shall promptly notify the recipient of the request1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement1 and the court as appropriate1 that the nondisclosure requirement is no longer in effect4 7,b7 ,closure of investigation ,upon closure of the investigation-- 7i7 the authorized investigative agency making the request under subsection 7a7 may petition the court before which a notification or petition for judicial review under subsection 7c7 has been filed for a determination that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 if it notifies the recipient of such petition2 7ii7 the court shall review such a petition pursuant to the procedures under section #ceaa of title #ah1 ,united ,states ,code2 and 7iii7 if the court determines that there is reason to believe that disclosure may result in the harm described in clause 7i71 7ii71 7iii71 or 7iv7 of paragraph 7#a77;,b71 the authorized investigative agency shall no longer be required to conduct the annual review of the facts supporting the nondisclosure requirement under subparagraph 7,a74 4 7f7 ,judicial review ,section #ceaa of title #ah1 ,united ,states ,code1 is amended by striking subsection 7b7 and inserting the following new subsection3 7b7 ,nondisclosure 7#a7 ,in general 7,a7 ,notice ,if a recipient of a request or order for a report1 records1 or other information under section #bgji of this title1 section #fbf or #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau and #afhav71 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad71 or section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb71 wishes to have a court review a nondisclosure requirement imposed in connection with the request or order1 the recipient may notify the ,government or file a petition for judicial review in any court described in subsection 7a74 7,b7 ,application ,not later than #cj days after the date of receipt of a notification under subparagraph 7,a71 the ,government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request or order4 ,an application under this subparagraph may be filed in the district court of the ,united ,states for the judicial district in which the recipient of the order is doing business or in the district court of the ,united ,states for any judicial district within which the authorized investigation that is the basis for the request is being conducted4 ,the applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement4 7,c7 ,consideration ,a district court of the ,united ,states that receives a petition under subparagraph 7,a7 or an application under subparagraph 7,b7 should rule expeditiously1 and shall1 subject to paragraph 7#c71 issue a nondisclosure order that includes conditions appropriate to the circumstances4 7#b7 ,application contents ,an application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph 7#a7 shall include a certification from the ,attorney ,general1 ,deputy ,attorney ,general1 an ,assistant ,attorney ,general1 or the ,director of the ,federal ,bureau of ,investigation1 or a designee in a position not lower than ,deputy ,assistant ,director at ,bureau headquarters or a ,special ,agent in ,charge in a ,bureau field office designated by the ,director1 or in the case of a request by a department1 agency1 or instrumentality of the ,federal ,government other than the ,department of ,justice1 the head or deputy head of the department1 agency1 or instrumentality1 containing a statement of specific facts indicating that the absence of a prohibition of disclosure under this subsection may result in-- 7,a7 a danger to the national security of the ,united ,states2 7,b7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7,c7 interference with diplomatic relations2 or 7,d7 danger to the life or physical safety of any person4 7#c7 ,standard ,a district court of the ,united ,states shall issue a nondisclosure order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period may result in-- 7,a7 a danger to the national security of the ,united ,states2 7,b7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7,c7 interference with diplomatic relations2 or 7,d7 danger to the life or physical safety of any person4 4 #ejc4 ,judicial review 7a7 ,counterintelligence access to telephone toll and transactional records ,section #bgji of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7d71 7e71 and 7f7 as subsections 7e71 7f71 and 7g71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,judicial review 7#a7 ,in general ,a request under subsection 7b7 or a nondisclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa4 7#b7 ,notice ,a request under subsection 7b7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7b7 ,access to financial records for certain intelligence and protective purposes ,section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or a nondisclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7c7 ,identity of financial institutions and credit reports ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended-- 7#a7 by redesignating subsections 7e7 through 7m7 as subsections 7f7 through 7n71 respectively2 and 7#b7 by inserting after subsection 7d7 the following new subsection3 7e7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or 7b7 or an order under subsection 7c7 or a non-disclosure requirement imposed in connection with such request under subsection 7d7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 or 7b7 or an order under subsection 7c7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7d7 ,identity of financial institutions and credit reports ,section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is amended-- 7#a7 by redesignating subsections 7d71 7e71 and 7f7 as subsections 7e71 7f71 and 7g71 respectively2 and 7#b7 by inserting after subsection 7c7 the following new subsection3 7d7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or a non-disclosure requirement imposed in connection with such request under subsection 7c7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 7e7 ,investigations of persons with access to classified information ,section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 is amended-- 7#a7 by redesignating subsections 7c7 through 7f7 as subsections 7d7 through 7g71 respectively2 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,judicial review 7#a7 ,in general ,a request under subsection 7a7 or a nondisclosure requirement imposed in connection with such request under subsection 7b7 shall be subject to judicial review under section #ceaa of title #ah1 ,united ,states ,code4 7#b7 ,notice ,a request under subsection 7a7 shall include notice of the availability of judicial review described in paragraph 7#a74 4 ,,vi ,,fisa transparency and reporting requirements #fja4 ,additional reporting on orders requiring production of business records2 business records compliance reports to ,congress ,section #ejb7;b7 7#ej ,u4,s4,c4 #ahfb7;b77 is amended-- 7#a7 by redesignating paragraphs 7#a71 7#b71 and 7#c7 as paragraphs 7#f71 7#g71 and 7#h71 respectively2 and 7#b7 by inserting before paragraph 7#f7 7as so redesignated7 the following new paragraphs3 7#a7 a summary of all compliance reviews conducted by the ,government for the production of tangible things under section #eja2 7#b7 the total number of applications described in section #eja7;b77#b77;,b7 made for orders approving requests for the production of tangible things2 7#c7 the total number of such orders either granted1 modified1 or denied2 7#d7 the total number of applications described in section #eja7;b77#b77;,c7 made for orders approving requests for the production of call detail records2 7#e7 the total number of such orders either granted1 modified1 or denied2 4 #fjb4 ,annual reports by the ,government 7a7 ,in general ,title ,,vi 7#ej ,u4,s4,c4 #ahga et seq471 as amended by section #djb of this ,act1 is further amended by adding at the end the following new section3 #fjc4 ,annual reports 7a7 ,report by director of the ,administrative ,office of the ,united ,states ,courts ,the ,director of the ,administrative ,office of the ,united ,states ,courts shall annually submit to the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate1 subject to a declassification review by the ,attorney ,general and the ,director of ,national ,intelligence1 a report1 made publicly available on an ,internet ,web site1 that includes-- 7#a7 the number of applications or certifications for orders submitted under each of sections #aje1 #cjd1 #djb1 #eja1 #gjb1 #gjc1 and #gjd2 7#b7 the number of orders entered under each of those sections2 7#c7 the number of orders modified under each of those sections2 7#d7 the number of orders denied under each of those sections2 7#e7 the number of appointments of an individual to serve as amicus curiae under section #ajc1 including the name of each individual appointed to serve as amicus curiae2 and 7#f7 the number of written findings issued under section #ajc7;i7 that such appointment is not appropriate and the text of any such written findings4 7b7 ,mandatory reporting by ,director of ,national ,intelligence 7#a7 ,in general ,except as provided in subsection 7e71 the ,director of ,national ,intelligence shall annually make publicly available on an ,internet ,web site a report that identifies1 for the preceding #ab-month period-- 7,a7 the total number of orders issued pursuant to titles ,i and ,,iii and sections #gjc and #gjd and a good faith estimate of the number of targets of such orders2 7,b7 the total number of orders issued pursuant to section #gjb and a good faith estimate of-- 7i7 the number of targets of such orders2 7ii7 the number of individuals whose communications were collected pursuant to such orders2 7iii7 the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the ,united ,states at the time of collection2 7iv7 the number of search terms that included information concerning a ,united ,states person that were used to query any database of the contents of electronic communications or wire communications obtained through the use of an order issued pursuant to section #gjb2 and 7v7 the number of search queries initiated by an officer1 employee1 or agent of the ,united ,states whose search terms included information concerning a ,united ,states person in any database of noncontents information relating to electronic communications or wire communications that were obtained through the use of an order issued pursuant to section #gjb2 7,c7 the total number of orders issued pursuant to title ,,iv and a good faith estimate of-- 7i7 the number of targets of such orders2 7ii7 the number of individuals whose communications were collected pursuant to such orders2 and 7iii7 the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the ,united ,states at the time of collection2 7,d7 the total number of orders issued pursuant to applications made under section #eja7;b77#b77;,b7 and a good faith estimate of-- 7i7 the number of targets of such orders2 7ii7 the number of individuals whose communications were collected pursuant to such orders2 and 7iii7 the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the ,united ,states at the time of collection2 7,e7 the total number of orders issued pursuant to applications made under section #eja7;b77#b77;,c7 and a good faith estimate of-- 7i7 the number of targets of such orders2 7ii7 the number of individuals whose communications were collected pursuant to such orders2 7iii7 the number of individuals whose communications were collected pursuant to such orders who are reasonably believed to have been located in the ,united ,states at the time of collection2 and 7iv7 the number of search terms that included information concerning a ,united ,states person that were used to query any database of call detail records obtained through the use of such orders2 and 7,f7 the total number of national security letters issued and the number of requests for information contained within such national security letters4 7#b7 ,basis for reasonable belief individual is located in ,united ,states ,a phone number registered in the ,united ,states may provide the basis for a reasonable belief that the individual using the phone number is located in the ,united ,states at the time of collection4 7c7 ,discretionary reporting by ,director of ,national ,intelligence ,the ,director of ,national ,intelligence may annually make publicly available on an ,internet ,web site a report that identifies1 for the preceding #ab-month period-- 7#a7 a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to titles ,i and ,,iii and sections #gjc and #gjd reasonably believed to have been located in the ,united ,states at the time of collection whose information was reviewed or accessed by an officer1 employee1 or agent of the ,united ,states2 7#b7 a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to section #gjb reasonably believed to have been located in the ,united ,states at the time of collection whose information was reviewed or accessed by an officer1 employee1 or agent of the ,united ,states2 7#c7 a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to title ,,iv reasonably believed to have been located in the ,united ,states at the time of collection whose information was reviewed or accessed by an officer1 employee1 or agent of the ,united ,states2 7#d7 a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to applications made under section #eja7;b77#b77;,b7 reasonably believed to have been located in the ,united ,states at the time of collection whose information was reviewed or accessed by an officer1 employee1 or agent of the ,united ,states2 and 7#e7 a good faith estimate of the number of individuals whose communications were collected pursuant to orders issued pursuant to applications made under section #eja7;b77#b77;,c7 reasonably believed to have been located in the ,united ,states at the time of collection whose information was reviewed or accessed by an officer1 employee1 or agent of the ,united ,states4 7d7 ,timing ,the annual reports required by subsections 7a7 and 7b7 and permitted by subsection 7c7 shall be made publicly available during ,april of each year and include information relating to the previous year4 7e7 ,exceptions 7#a7 ,reporting by unique identifier ,if it is not practicable to report the good faith estimates required by subsection 7b7 and permitted by subsection 7c7 in terms of individuals1 the good faith estimates may be counted in terms of unique identifiers1 including names1 account names or numbers1 addresses1 or telephone or instrument numbers4 7#b7 ,statement of numerical range ,if a good faith estimate required to be reported under clauses 7ii7 or 7iii7 of each of subparagraphs 7,b71 7,c71 7,d71 and 7,e7 of paragraph 7#a7 of subsection 7b7 or permitted to be reported in subsection 7c71 is fewer than #ejj1 it shall exclusively be expressed as a numerical range of fewer than #ejj and shall not be expressed as an individual number4 7#c7 ,federal bureau of investigation ,subparagraphs 7,b77iv71 7,b77v71 7,d77iii71 7,e77iii71 and 7,e77iv7 of paragraph 7#a7 of subsection 7b7 shall not apply to information or records held by1 or queries conducted by1 the ,federal ,bureau of ,investigation4 7#d7 ,certification 7,a7 ,in general ,if the ,director of ,national ,intelligence concludes that a good faith estimate required to be reported under subparagraph 7,b77iii7 or 7,c77iii7 of paragraph 7#a7 of subsection 7b7 cannot be determined accurately1 including through the use of statistical sampling1 the ,director shall-- 7i7 certify that conclusion in writing to the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate2 and 7ii7 make such certification publicly available on an ,internet ,web site4 7,b7 ,content 7i7 ,in general ,the certification described in subparagraph 7,a7 shall state with specificity any operational1 national security1 or other reasons why the ,director of ,national ,intelligence has reached the conclusion described in subparagraph 7,a74 7ii7 ,good faith estimates of certain individuals whose communications were collected under orders issued under section #gjb ,a certification described in subparagraph 7,a7 relating to a good faith estimate required to be reported under subsection 7b77#a77;,b77iii7 may include the information annually reported pursuant to section #gjb7l77#c77;,a74 7iii7 ,good faith estimates of certain individuals whose communications were collected under orders issued under title ,,iv ,if the ,director of ,national ,intelligence determines that a good faith estimate required to be reported under subsection 7b77#a77;,c77iii7 cannot be determined accurately as that estimate pertains to electronic communications1 but can be determined accurately for wire communications1 the ,director shall make the certification described in subparagraph 7,a7 with respect to electronic communications and shall also report the good faith estimate with respect to wire communications4 7,c7 ,form ,a certification described in subparagraph 7,a7 shall be prepared in unclassified form1 but may contain a classified annex4 7,d7 ,timing ,if the ,director of ,national ,intelligence continues to conclude that the good faith estimates described in this paragraph cannot be determined accurately1 the ,director shall annually submit a certification in accordance with this paragraph4 7f7 ,construction ,nothing in this section affects the lawfulness or unlawfulness of any government surveillance activities described herein4 7g7 ,definitions ,in this section3 7#a7 ,contents ,the term contents has the meaning given that term under section #beaj of title #ah1 ,united ,states ,code4 7#b7 ,electronic communication ,the term electronic communication has the meaning given that term under section #beaj of title #ah1 ,united ,states ,code4 7#c7 ,individual whose communications were collected ,the term individual whose communications were collected means any individual-- 7,a7 who was a party to an electronic communication or a wire communication the contents or noncontents of which was collected2 or 7,b7 7i7 who was a subscriber or customer of an electronic communication service or remote computing service2 and 7ii7 whose records1 as described in subparagraph 7,a71 7,b71 7,d71 7,e71 or 7,f7 of section #bgjc7;c77#b7 of title #ah1 ,united ,states ,code1 were collected4 7#d7 ,national security letter ,the term national security letter means a request for a report1 records1 or other information under-- 7,a7 section #bgji of title #ah1 ,united ,states ,code2 7,b7 section #aaad7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a772 7,c7 subsection 7a7 or 7b7 of section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7a71 #afhau7b772 or 7,d7 section #fbg7;a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7a774 7#e7 ,united ,states person ,the term ,united ,states person means a citizen of the ,united ,states or an alien lawfully admitted for permanent residence 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7774 7#f7 ,wire ,communication ,the term wire communication has the meaning given that term under section #beaj of title #ah1 ,united ,states ,code4 4 7b7 ,table of contents amendment ,the table of contents1 as amended by section #djb of this ,act1 is further amended by inserting after the item relating to section #fjb1 as added by section #djb of this ,act1 the following new item3 ,sec4 #fjc4 ,annual reports4 4 7c7 ,public reporting on national security letters ,section #aah7;c7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ah ,u4,s4,c4 #ceaa note7 is amended-- 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 a good faith estimate of the total number of requests described in paragraph 7#a7 requiring disclosure of information concerning-- 7i7 ,united ,states persons2 and 7ii7 persons who are not ,united ,states persons4 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 separate the number of requests into each of the categories described in subparagraph 7,a74 4 7d7 ,stored communications ,section #bgjb7;d7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#b77;,b71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#c7 the number of accounts from which the ,department of ,justice has received voluntary disclosures under subsection 7c77#d74 4 #fjc4 ,public reporting by persons subject to ,,fisa orders 7a7 ,in general ,title ,,vi 7#ej ,u4,s4,c4 #ahga et seq471 as amended by sections #djb and #fjb of this ,act1 is further amended by adding at the end the following new section3 #fjd4 ,public reporting by persons subject to orders 7a7 ,reporting ,a person subject to a nondisclosure requirement accompanying an order or directive under this ,act or a national security letter may1 with respect to such order1 directive1 or national security letter1 publicly report the following information using #a of the following structures3 7#a7 ,a semiannual report that aggregates the number of orders or national security letters with which the person was required to comply in the following separate categories3 7,a7 ,the number of national security letters received1 reported in bands of #ajjj starting with #j-iii4 7,b7 ,the number of customer accounts affected by national security letters1 reported in bands of #ajjj starting with #j-iii4 7,c7 ,the number of orders under this ,act for contents1 reported in bands of #ajjj starting with #j-iii4 7,d7 ,with respect to contents orders under this ,act1 in bands of #ajjj starting with #j-iii1 the number of customer selectors targeted under such orders4 7,e7 ,the number of orders under this ,act for noncontents1 reported in bands of #ajjj starting with #j-iii4 7,f7 ,with respect to noncontents orders under this ,act1 in bands of #ajjj starting with #j-iii1 the number of customer selectors targeted under orders under-- 7i7 title ,,iv2 7ii7 title ,v with respect to applications described in section #eja7;b77#b77;,b72 and 7iii7 title ,v with respect to applications described in section #eja7;b77#b77;,c74 7#b7 ,a semiannual report that aggregates the number of orders1 directives1 or national security letters with which the person was required to comply in the following separate categories3 7,a7 ,the total number of all national security process received1 including all national security letters and orders or directives under this ,act1 combined1 reported in bands of #j-bdi and thereafter in bands of #bej4 7,b7 ,the total number of customer selectors targeted under all national security process received1 including all national security letters and orders or directives under this ,act1 combined1 reported in bands of #j-bdi and thereafter in bands of #bej4 7#c7 ,a semiannual report that aggregates the number of orders or national security letters with which the person was required to comply in the following separate categories3 7,a7 ,the number of national security letters received1 reported in bands of #ejj starting with #j-dii4 7,b7 ,the number of customer accounts affected by national security letters1 reported in bands of #ejj starting with #j-dii4 7,c7 ,the number of orders under this ,act for contents1 reported in bands of #ejj starting with #j-dii4 7,d7 ,the number of customer selectors targeted under such orders1 reported in bands of #ejj starting with #j-dii4 7,e7 ,the number of orders under this ,act for noncontents1 reported in bands of #ejj starting with #j-dii4 7,f7 ,the number of customer selectors targeted under such orders1 reported in bands of #ejj starting with #j-dii4 7#d7 ,an annual report that aggregates the number of orders1 directives1 and national security letters the person was required to comply with in the following separate categories3 7,a7 ,the total number of all national security process received1 including all national security letters and orders or directives under this ,act1 combined1 reported in bands of #j-ajj and thereafter in bands of #ajj4 7,b7 ,the total number of customer selectors targeted under all national security process received1 including all national security letters and orders or directives under this ,act1 combined1 reported in bands of #j-ajj and thereafter in bands of #ajj4 7b7 ,period of time covered by reports 7#a7 ,a report described in paragraph 7#a7 or 7#c7 of subsection 7a7-- 7,a7 may be published every #ahj days2 7,b7 subject to subparagraph 7,c71 shall include-- 7i7 with respect to information relating to national security letters1 information relating to the previous #ahj days2 and 7ii7 with respect to information relating to authorities under this ,act1 except as provided in subparagraph 7,c71 information relating to the time period-- 7,i7 ending on the date that is not less than #ahj days before the date on which the information is publicly reported2 and 7,,ii7 beginning on the date that is #ahj days before the date described in subclause 7,i72 and 7,c7 for a person that has received an order or directive under this ,act with respect to a platform1 product1 or service for which a person did not previously receive such an order or directive 7not including an enhancement to or iteration of an existing publicly available platform1 product1 or service7-- 7i7 shall not include any information relating to such new order or directive until #edj days after the date on which such new order or directive is received2 and 7ii7 for a report published on or after the date on which the #edj-;day waiting period expires1 shall include information relating to such new order or directive reported pursuant to subparagraph 7,b77ii74 7#b7 ,a report described in paragraph 7#b7 of subsection 7a7 may be published every #ahj days and shall include information relating to the previous #ahj days4 7#c7 ,a report described in paragraph 7#d7 of subsection 7a7 may be published annually and shall include information relating to the time period-- 7,a7 ending on the date that is not less than #a year before the date on which the information is publicly reported2 and 7,b7 beginning on the date that is #a year before the date described in subparagraph 7,a74 7c7 ,other forms of agreed to publication ,nothing in this section prohibits the ,government and any person from jointly agreeing to the publication of information referred to in this subsection in a time1 form1 or manner other than as described in this section4 7d7 ,definitions ,in this section3 7#a7 ,contents ,the term contents has the meaning given that term under section #beaj of title #ah1 ,united ,states ,code4 7#b7 ,national security letter ,the term national security letter has the meaning given that term under section #fjc4 4 7b7 ,table of contents amendment ,the table of contents1 as amended by sections #djb and #fjb of this ,act1 is further amended by inserting after the item relating to section #fjc1 as added by section #fjb of this ,act1 the following new item3 ,sec4 #fjd4 ,public reporting by persons subject to orders4 4 #fjd4 ,reporting requirements for decisions1 orders1 and opinions of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review ,section #fja7;c77#a7 7#ej ,u4,s4,c4 #ahga7;c77#a77 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 opinion1 including any denial or modification of an application under this ,act1 that includes significant construction or interpretation of any provision of law or results in a change of application of any provision of this ,act or a novel application of any provision of this ,act1 a copy of such decision1 order1 or opinion and any pleadings1 applications1 or memoranda of law associated with such decision1 order1 or opinion2 and 4 #fje4 ,submission of reports under ,,fisa 7a7 ,electronic surveillance ,section #ajh7;a77#a7 7#ej ,u4,s4,c4 #ahjh7;a77#a77 is amended by striking the ,house ,permanent ,select ,committee on ,intelligence and the ,senate ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,senate1 and inserting the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate4 7b7 ,physical searches ,the matter preceding paragraph 7#a7 of section #cjf 7#ej ,u4,s4,c4 #ahbf7 is amended-- 7#a7 in the first sentence1 by striking ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,select ,committee on ,intelligence of the ,senate1 and the ,committee on the ,judiciary of the ,senate1 and inserting ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate2 and 7#b7 in the second sentence1 by striking and the ,committee on the ,judiciary of the ,house of ,representatives4 7c7 ,pen registers and trap and trace devices ,section #djf7;b7 7#ej ,u4,s4,c4 #ahdf7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#c71 by striking the period and inserting a semicolon2 and 7#c7 by adding at the end the following new paragraphs3 7#d7 each department or agency on behalf of which the ,attorney ,general or a designated attorney for the ,government has made an application for an order authorizing or approving the installation and use of a pen register or trap and trace device under this title2 and 7#e7 for each department or agency described in paragraph 7#d71 each number described in paragraphs 7#a71 7#b71 and 7#c74 4 7d7 ,access to certain business records and other tangible things ,section #ejb7;a7 7#ej ,u4,s4,c4 #ahfb7;a77 is amended by striking ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate and inserting ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives and the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate4 ,,vii ,sunsets #gja4 ,sunsets 7a7 ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje ,section #ajb7;b77#a7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ej ,u4,s4,c4 #ahje note7 is amended by striking ,june #a1 #bjae and inserting ,december #ca1 #bjag4 7b7 ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd ,section #fjja7;b77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ahja note7 is amended by striking ,june #a1 #bjae and inserting ,december #ca1 #bjag4 ,july #cj1 #bjad,read the second time and placed on the calendar