,,ii #aadth ,,congress #ast ,session ,s4 #adfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bc1 #bjae,mrs4 ,feinstein 7for herself1 ,mr4 ,king1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,foreign ,intelligence ,surveillance ,act of #aigh and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,,fisa ,reform ,act of #bjae4 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 review of minimization procedures for the production of tangible things4 ,sec4 #aje4 ,liability protection4 ,sec4 #ajf4 ,compensation for assistance4 ,sec4 #ajg4 ,definitions4 ,sec4 #ajh4 ,effective date4 ,sec4 #aji4 ,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--,national ,security ,letter reform ,sec4 #cja4 ,prohibition on bulk collection4 ,,title ,,iv--,,fisa transparency and reporting requirements ,sec4 #dja4 ,additional reporting on orders requiring production of business records2 business records compliance reports to ,congress4 ,sec4 #djb4 ,consolidation of congressional oversight provisions4 ,sec4 #djc4 ,submission of reports4 ,,title ,v--,other provisions ,sec4 #eja4 ,unauthorized ,disclosure or ,removal of ,certain ,classified ,information4 ,sec4 #ejb4 ,appointment of amicus curiae4 ,sec4 #ejc4 ,emergencies involving non-,united ,states persons4 ,sec4 #ejd4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence4 ,sec4 #eje4 ,preservation of treatment of non-,united ,states persons traveling outside ,united ,states as agents of foreign powers4 ,sec4 #ejf4 ,improvement to investigations of international proliferation of weapons of mass destruction4 ,sec4 #ejg4 ,sunset of access to business records1 authority for roving surveillance1 and individual terrorists as agents of foreign powers4 ,sec4 #ejh4 ,restoration of authority for access to business records1 roving surveillance1 and individual terrorists as agents of foreign powers4 #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;b7 7#ej ,u4,s4,c4 #ahfa7;b77 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking and at the end2 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a7-- 7i7 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 7ii7 in clause 7iii71 by striking and at the end2 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 7i7 in the case of an application for the production on an ongoing 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 terrorism a statement of facts showing that-- 7,i7 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 7,,ii7 there is a reasonable1 articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power or an individual engaged in international terrorism or activities in preparation therefor2 and 7#c7 by adding at the end the following3 7#c7 may include a request for an order that requires each recipient of the order under this section to retain the call detail records for up to #bd months from the date the call detail record was initially generated-- 7,a7 if the request includes a certification made by the ,director of the ,federal ,bureau of ,investigation that the ,government has reason to believe that the recipient of the order being applied for is not retaining call detail records for a period of up to #bd months and that the absence of call detail records for that period of time is resulting in1 or is reasonably likely to result in1 the loss of foreign intelligence information relevant to an authorized investigation2 and 7,b7 if the order provides that call detail records retained solely for purposes of complying with an order under this section may only be produced pursuant to an order under this section4 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#a72 7iii7 provide that the ,government may require the prompt production of a first set of call detail records using the specific selection term that satisfies the standard required under subsection 7b77#b77;,c77ii72 7iv7 provide that the ,government may require the prompt production of a second set of call detail records using session-identifying information or a telephone calling card number identified by the specific selection term used to produce call detail records under clause 7iii72 7v7 provide that1 when produced1 such records be in a form that will be useful to the ,government2 7vi7 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 7vii7 shall 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 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 order2 and inserting such order or such emergency production22 and 7,c7 in subparagraph 7,b71 by striking the order2 and inserting the order or the emergency production22 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 #ajd4 ,judicial review of minimization procedures for the production of tangible things 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 ,rule of construction ,section #eja7;g7 7#ej ,u4,s4,c4 #ahfa7;g77 is amended by adding at the end the following new paragraph3 7#c7 ,rule of construction ,nothing in this subsection shall limit the authority of the court established under section #ajc7;a7 to impose additional1 particularized minimization procedures with regard to the production1 retention1 or dissemination of nonpublicly available information concerning unconsenting ,united ,states persons1 including additional1 particularized procedures related to the destruction of information within a reasonable time period4 4 7#c7 ,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 1 and update as appropriate1 after adopt4 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 pursuant to an order issued or an emergency production required under this section2 7,b7 in good faith1 retains call detail records under an order pursuant to this section2 or 7,c7 otherwise provides technical assistance to the ,government under this section or to implement this section4 7#b7 ,a production or provision of information1 facilities1 or technical assistance or the retention of call detail records 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 this section4 4 #ajg4 ,definitions 7a7 ,in general ,title ,v 7#ej ,u4,s4,c4 #ahfa et seq471 is amended by adding at the end the following3 #ejc4 ,definitions ,in this title3 7#a7 ,call detail record ,the term call detail record-- 7,a7 means session identifying information 7including originating or terminating telephone number1 ,international ,mobile ,subscriber ,identity number1 or ,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 of any communication 7as defined in section #beaj7h7 of title #ah1 ,united ,states ,code72 7ii7 the name1 address1 or financial information of a subscriber or customer2 or 7iii7 cell site or global position system location information4 7#b7 ,electronic communication service ,the term electronic communication service has the meaning given that term in section #beaj of title #ah1 ,united ,states ,code4 7#c7 ,foreign intelligence information ,the term foreign intelligence information has the meaning given that term in section #aja4 7#d7 ,specific selection term 7,a7 ,tangible things 7i7 ,in general ,except as provided in subparagraph 7,b71 a specific selection term is a term that specifically identifies a person1 account1 address1 or personal device1 or any other specific identifier that limits1 to the greatest extent reasonably practicable1 the scope of tangible things sought by the government consistent with the purpose and need to obtain foreign intelligence information4 7ii7 ,limitation ,a specific selection term shall not permit the bulk or indiscriminate collection of tangible things1 such as by solely identifying an electronic communication service provider or a provider of remote computing service1 unless the provider is itself a subject of an authorized investigation1 or by solely identifying a broad domestic geographic region1 including the ,united ,states1 a ,state1 city1 county1 zip code1 or area code when not used as part of a specific identifier as described in clause 7i74 7iii7 ,rule of construction ,nothing in this paragraph shall be construed to preclude the use of multiple terms or identifiers to meet the requirements of clause 7i74 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 7b7 ,table of contents amendment ,the table of contents in the first section is amended by adding after the item relating to section #ejc1 as added by section #ajg7;b71 the following3 ,sec4 #ejc4 ,definitions4 4 #ajh4 ,effective date 7a7 ,effective date ,the amendments made by sections #aja through #ajg shall take effect no later than the date that is #a year after the date of the enactment of this ,act as follows3 7#a7 ,in general ,the amendments made by sections #aja through #ajg shall take effect on the date that is #ahj days after the date of the enactment of this ,act unless the ,president certifies to the appropriate committees of ,congress that the transition from the existing procedures for the production of business records under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq471 as in effect prior to the effective date for the amendments made by section #aja through #ajg1 to the new procedures1 as amended by sections #aja through #ajg1 is not sufficiently operational to allow the timely retrieval of foreign intelligence information from recipients of an order under section #eja of such ,act4 7#b7 ,extension for certification ,if the ,president makes a certification described in paragraph 7#a71 the amendment made by sections #aja through #ajg shall take effect on the date1 that may be up to #a year after the date of the enactment of this ,act1 that the ,president determines that the transition referred to in such paragraph is sufficiently operational to allow the timely retrieval of foreign intelligence information from recipients of an order under section #eja of such ,act4 7#c7 ,limitation on transition period ,if the ,president makes a certification under paragraph 7#a7 and does not determine an effective date under paragraph 7#b71 the amendments made by sections #aja through #ajg shall take effect on the date that is #a year after the date of the enactment of this ,act4 7b7 ,no effect on prior authority ,nothing in this ,act1 or any amendment made by this ,act1 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 on ,may #ca1 #bjae1 during the period ending on such effective date4 7c7 ,transition 7#a7 ,orders in effect on ,may #ca1 #bjae ,notwithstanding any other provision of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 or this ,act or any amendment made by this ,act1 any order issued or made under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh and in effect on ,may #ca1 #bjae1 shall continue in effect until the date of the expiration of such order4 7#b7 ,continued applicability ,notwithstanding any other provision of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 or this ,act or any amendment made by this ,act1 the order entered by the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a77 on ,february #bf1 #bjae1 in ,docket ,no4 ,,br #ae-bd1 may be extended by order of that court until the effective date established in subsection 7a74 7#c7 ,use of information 7,a7 ,in general ,information acquired from the call detail records pursuant to an order issued under section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 prior to the effective date in subsection 7a7 may continue to be used after the effective date of this ,act1 subject to the limitation in subparagraph 7,b74 7,b7 ,destruction of information ,any record produced under any order entered by the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a77 on ,february #bf #bjae1 in ,docket ,no4 ,,br #ae-bd1 or any predecessor order for such an order shall be destroyed no later than #e years after the date such record was initially collected4 ,until that time1 such a record may be used in accordance with the purpose prescribed and the procedures established in such order4 7d7 ,appropriate committees of congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate2 and 7#b7 the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives #aji4 ,rule of construction ,nothing in this ,act1 or any amendment made by this ,act1 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#b71 by striking the period and inserting a semicolon2 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 use of the pen register or trap and trace device is to be attached or applied2 and 4 7b7 ,definition ,section #dja 7#ej ,u4,s4,c4 #ahda7 is amended by adding at the end the following new paragraph3 7#d7 ,the term specific selection term has the meaning given the term in section #ejd4 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 protections for 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 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 device installed under this section shall be subject to the policies and procedures required under section #djb7;h74 4 ,,iii ,national ,security ,letter reform #cja4 ,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 request--4 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 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 extent 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 ,,iv ,,fisa transparency and reporting requirements #dja4 ,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 #djb4 ,consolidation of congressional oversight provisions 7a7 ,repeal of ,congressional oversight provisions 7#a7 ,repeal ,the ,foreign ,intelligence ,surveillance ,act of #aigh is amended by striking sections #ajg1 #ajh1 #cjf1 and #djf 7#ej ,u4,s4,c4 #ahjg1 #ahjh1 #ahbf1 and #ahdf74 7#b7 ,table of contents amendment ,the table of contents in the first section is amended by striking the items relating to sections #ajg1 #ajh1 #cjf1 and #djf4 7b7 ,reporting requirements and congressional oversight 7#a7 ,in general ,title ,,vi 7#ej ,u4,s4,c4 #ahga7 is amended by striking section #fja and inserting the following3 #fja4 ,definitions ,in this title3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,electronic surveillance ,the term electronic surveillance has the meaning given that term in section #aja of this ,act4 7#c7 ,foreign ,intelligence ,surveillance ,court ,the term ,foreign ,intelligence ,surveillance ,court means the court established under section #ajc7;a7 of this ,act4 7#d7 ,foreign ,intelligence ,surveillance ,court of ,review ,the term ,foreign ,intelligence ,surveillance ,court of ,review means the court established under section #ajc7;b7 of this ,act4 7#e7 ,pen register ,the term pen register has the meaning given that term in section #dja of this ,act4 7#f7 ,physical search ,the term physical search has the meaning given that term in section #cja of this ,act4 7#g7 ,trap and trace device ,the term trap and trace device has the meaning given that term in section #dja of this ,act4 7#h7 ,united ,states person ,the term ,united ,states person has the meaning given that term in section #aja of this ,act4 #fjb4 ,semiannual report of the ,attorney ,general 7a7 ,in general 7#a7 ,information ,on a semiannual basis1 the ,attorney ,general shall submit to the appropriate committees of ,congress a report pursuant to paragraph 7#b7 concerning all electronic surveillance1 physical searches1 and uses of pen registers and trap and trace devices conducted under this ,act4 7#b7 ,report ,the report required by paragraph 7#a7 shall include the following3 7,a7 ,electronic ,surveillance ,the total number of-- 7i7 applications made for orders approving electronic surveillance under this ,act2 7ii7 such orders either granted1 modified1 or denied2 7iii7 proposed applications for orders for electronic surveillance submitted pursuant to ,rule #i7;a7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule1 that are not formally presented in the form of a final application under ,rule #i7;b7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule2 7iv7 named ,united ,states person targets of electronic surveillance2 7v7 emergency authorizations of electronic surveillance granted under this ,act and the total number of subsequent orders approving or denying such electronic surveillance2 and 7vi7 new compliance incidents arising from electronic surveillance under this ,act4 7,b7 ,physical searches ,the total number of-- 7i7 applications made for orders approving physical search under this ,act2 7ii7 such orders either granted1 modified1 or denied2 7iii7 proposed applications for orders for physical searches submitted pursuant to ,rule #i7;a7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule1 that are not formally presented in the form of a final application under ,rule #i7;b7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule2 7iv7 named ,united ,states person targets of physical searches2 7v7 emergency authorizations of physical searches granted under this ,act and the total number of subsequent orders approving or denying such physical searches2 and 7vi7 new compliance incidents arising from physical searches under this ,act4 7,c7 ,pen register and trap and trace devices ,the total number of-- 7i7 applications made for orders approving the use of pen registers or trap and trace devices under this ,act2 7ii7 such orders either granted1 modified1 or denied2 7iii7 proposed applications for orders for pen registers or trap and trace devices submitted pursuant to ,rule #i7;a7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule1 that are not formally presented in the form of a final application under ,rule #i7;b7 of the ,rules of ,procedure for the ,foreign ,intelligence ,surveillance ,court1 or any successor rule2 7iv7 named ,united ,states person targets of pen registers or trap and trace devices2 7v7 emergency authorizations of the use of pen registers or trap and trace devices granted under this ,act and the total number of subsequent orders approving or denying such use of pen registers or trap and trace devices2 and 7vi7 new compliance incidents arising from the use of pen registers or trap and trace devices under this ,act4 7,d7 ,compliance incidents ,a summary of each compliance incident reported under subparagraphs 7,a77vi71 7,b77vi71 and 7,c77vi74 7,e7 ,significant legal interpretations ,a summary of significant legal interpretations of this ,act involving matters before the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review1 including interpretations presented in applications or pleadings filed with the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review4 7b7 ,availability to members of ,congress ,consistent with the rules and practices of the ,senate and the ,house of ,representatives1 each report submitted pursuant to subsection 7a77#b7 shall be made available to every member of ,congress1 subject to appropriate procedures for the storage and handling of classified information4 7c7 ,public report 7#a7 ,in general ,subject to paragraph 7#b71 the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 shall make available to the public an unclassified annual summary of the reports submitted under subsection 7a7 that1 to the maximum extent practicable consistent with the protection of classified information1 includes the information contained in the report submitted pursuant to subsection 7a77#b74 7#b7 ,minimum requirements ,in each report made available to the public under paragraph 7#a71 the ,attorney ,general shall include1 at a minimum1 the information required under subparagraphs 7,a71 7,b71 and 7,c7 of subsection 7a77#b71 which may be presented as annual totals4 7d7 ,construction ,nothing in this title may be construed to limit the authority and responsibility of an appropriate committee of ,congress to obtain any information required by such committee to carry out its functions and duties4 #fjc4 ,availability of reports and submissions 7a7 ,availability to members of ,congress ,consistent with the rules and practices of the ,senate and the ,house of ,representatives1 each submission to ,congress made pursuant to section #ejb7;b71 #gjb7l77#a71 or #gjg shall be made available1 to every member of ,congress1 subject to appropriate procedures for the storage and handling of classified information4 7b7 ,public report ,the ,attorney ,general or the ,director of ,national ,intelligence1 as appropriate1 shall make available to the public unclassified reports that1 to the maximum extent practicable consistent with the protection of classified information1 include the information contained in each submission to ,congress made pursuant to section #ejb7;b71 #gjb7l77#a71 or #gjg4 4 #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 one of the following structures3 7#a7 ,a semiannual report that aggregates the number of orders1 directives1 or national security letters with which the person was required to comply into separate categories of-- 7,a7 the number of national security letters received1 reported in bands of #ajjj starting with #j-iii2 7,b7 the number of customer selectors targeted by national security letters1 reported in bands of #ajjj starting with #j-iii2 7,c7 the number of orders or directives received1 combined1 under this ,act for contents1 reported in bands of #ajjj starting with #j-iii2 7,d7 the number of customer selectors targeted under orders or directives received1 combined1 under this ,act for contents reported in bands of #ajjj starting with #j-iii2 7,e7 the number of orders received under this ,act for noncontents1 reported in bands of #ajjj starting with #j-iii2 and 7,f7 the number of customer selectors targeted under orders under this ,act for noncontents1 reported in bands of #ajjj starting with #j-iii1 pursuant to-- 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 into separate categories of-- 7,a7 the number of national security letters received1 reported in bands of #ejj starting with #j-dii2 7,b7 the number of customer selectors targeted by national security letters1 reported in bands of #ejj starting with #j-dii2 7,c7 the number of orders or directives received1 combined1 under this ,act for contents1 reported in bands of #ejj starting with #j-dii2 7,d7 the number of customer selectors targeted under orders or directives received1 combined1 under this ,act for contents1 reported in bands of #ejj starting with #j-dii2 7,e7 the number of orders received under this ,act for noncontents1 reported in bands of #ejj starting with #j-dii2 and 7,f7 the number of customer selectors targeted under orders received under this ,act for noncontents1 reported in bands of #ejj starting with #j-dii4 7#c7 ,a semiannual report that aggregates the number of orders1 directives1 or national security letters with which the person was required to comply in the into separate categories of-- 7,a7 the total number of all national security process received1 including all national security letters1 and orders or directives under this ,act1 combined1 reported in bands of #bej starting with #j-bdi2 and 7,b7 the total number of customer selectors targeted under all national security process received1 including all national security letters1 and orders or directives under this ,act1 combined1 reported in bands of #bej starting with #j-bdi4 7#d7 ,an annual report that aggregates the number of orders1 directives1 and national security letters the person was required to comply with into separate categories of-- 7,a7 the total number of all national security process received1 including all national security letters1 and orders or directives under this ,act1 combined1 reported in bands of #ajj starting with #j-ii2 and 7,b7 the total number of customer selectors targeted under all national security process received1 including all national security letters1 and orders or directives under this ,act1 combined1 reported in bands of #ajj starting with #j-ii4 7b7 ,period of time covered by reports 7#a7 ,reports under subsection 7a77#a7 or 7a77#b7 ,a report described in paragraph 7#a7 or 7#b7 of subsection 7a7 shall include only information-- 7,a7 relating to national security letters for the previous #ahj days2 and 7,b7 relating to authorities under this ,act for the #ahj-;day period of time ending on the date that is not less than #ahj days prior to the date of the publication of such report1 except that with respect to a platform1 product1 or service for which a person did not previously receive an order or directive 7not including an enhancement to or iteration of an existing publicly available platform1 product1 or service7 such report 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 received4 7#b7 ,reports under subsection 7a77#c7 ,a report described in paragraph 7#c7 of subsection 7a7 shall include only information relating to the previous #ahj days4 7#c7 ,reports under subsection 7a77#d7 ,a report described in paragraph 7#d7 of subsection 7a7 shall include only information for the #a-year period of time ending on the date that is not less than #a year prior to the date of the publication of such report4 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 #fje4 ,reporting requirements for decisions1 orders1 and opinions of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review ,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 the ,attorney ,general shall submit to the appropriate committees of ,congress a copy of such decision1 order1 or opinion and any pleadings1 applications1 or memoranda of law associated with such decision1 order1 or opinion4 4 7#b7 ,conforming amendments 7,a7 ,reporting requirements ,section #djc7;b77#b77;,b7 of the ,,fisa ,amendments ,act of #bjjh 7#ej ,u4,s4,c4 #ahga note7 is amended to read as follows3 7,b7 subject to section #djd1 section #fjc7;a77#a7 of such ,act is amended-- 7i7 in subsection 7a71 by striking section #ejb7;b71 #gjb7l77#a71 or #gjg and inserting section #ejb7;b72 and 7ii7 in subsection 7b71 by striking section #ejb7;b71 #gjb7l77#a71 or #gjg4 and inserting section #ejb7;b742 and 4 7,b7 ,transition procedures ,section #djd7;b77#d7 of the ,,fisa ,amendments ,act of #bjjh 7#ej ,u4,s4,c4 #ahja note7 is amended-- 7i7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,continued applicability ,notwithstanding any other provision of this ,act or of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 the reporting requirements of title ,,vi of such ,act related to sections #gjb7l77#a7 and #gjg1 and sections #gjb7l7 and #gjg of such ,act1 as added by section #aja7;a71 shall continue to apply until the date that the certification described in subparagraph 7,b7 is submitted4 2 and 7ii7 by amending subparagraph 7,b77iv7 to read as follows3 7iv7 that states that the information required to be included in a review1 assessment1 or report under title ,,vi of such ,act1 or section #gjb7l7 or #gjg of such ,act1 as added by section #aja7;a71 relating to any acquisition conducted under title ,,vii of such ,act1 as amended by section #aja7;a71 has been included in a review1 assessment1 or report under such title ,,iv or section #gjb7l7 or #gjg4 4 7#c7 ,table of contents amendment ,the table of contents in the first section is amended by striking the item relating to section #fja and inserting the following3 ,sec4 #fja4 ,definitions4 ,sec4 #fjb4 ,semiannual report of the ,attorney ,general4 ,sec4 #fjc4 ,availability of reports and submissions4 ,sec4 #fjd4 ,public reporting by persons subject to orders4 ,sec4 #fje4 ,reporting requirements for decisions1 orders1 and opinions of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review4 4 #djc4 ,submission of reports 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 ,v ,other provisions #eja4 ,unauthorized ,disclosure or ,removal of ,certain ,classified ,information 7a7 ,prohibition on unauthorized disclosure ,an officer1 employee1 contractor1 or consultant of the ,united ,states1 or an officer1 employee1 contractor1 or consultant of a recipient of an order issued pursuant to section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 who-- 7#a7 knowingly comes into possession of classified information or documents or materials containing classified information of the ,united ,states that-- 7,a7 was submitted in connection with an application to the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a772 7,b7 was submitted in connection with an order approved by such court2 or 7,c7 was acquired pursuant to an order or directive of such court2 and 7#b7 7,a7 knowingly and willfully communicates1 transmits1 or otherwise makes available to an unauthorized person1 such classified information or documents or materials2 or 7,b7 knowingly removes such documents or materials without authority and with the intent to retain such documents or materials at an unauthorized location1 shall be punished according to subsection 7b74 7b7 ,term of imprisonment ,a person who violates this section shall be fined under title #ah1 ,united ,states ,code1 or-- 7#a7 for a violation of paragraph 7#b77;,a7 of subsection 7a71 imprisoned for not more than #aj years2 or 7#b7 for a violation of paragraph 7#b77;,b7 of such subsection1 imprisoned for not more than #a year1 or both4 7c7 ,provision of information to ,congress ,for purposes of this section1 the provision of information or documents or materials to ,congress shall not constitute an offense under subsection 7a74 7d7 ,classified information of the ,united ,states defined ,in this section1 the term classified information of the ,united ,states means information originated1 owned1 or possessed by the ,united ,states ,government concerning foreign intelligence1 the national defense or foreign relations of the ,united ,states that has been determined pursuant to law or ,executive order to require protection against unauthorized disclosure in the interests of national security4 #ejb4 ,appointment of amicus curiae ,section #ajc 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following3 7i7 ,amicus curiae 7#a7 ,authorization ,notwithstanding any other provision of law1 a court established under subsection 7a7 or 7b7 is authorized1 consistent with the requirement of subsection 7c7 and any other statutory requirement that the court act expeditiously or within a stated time1 to appoint amicus curiae to assist the court in the consideration of a covered matter4 7#b7 ,definitions ,in this subsection3 7,a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7i7 the ,committee on the ,judiciary and the ,select ,committee on ,intelligence of the ,senate2 and 7ii7 the ,committee on the ,judiciary and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7,b7 ,covered matter ,the term covered matter means a matter before a court established under subsection 7a7 or 7b7-- 7i7 that1 in the opinion of such a court1 presents a legal or technical issue regarding which the court's deliberations would benefit from participation by an amicus curiae2 and 7ii7 that pertains to-- 7,i7 an application for an order under this title1 title ,,iii1 ,,iv1 or ,v of this ,act1 or section #gjc or #gjd of this ,act2 7,,ii7 a review of a certification or procedures under section #gjb of this ,act2 or 7,,iii7 a notice of non-compliance with any such order1 certification1 or procedures4 7#c7 ,designation ,the courts established by subsection 7a7 and 7b7 shall each designate #a or more individuals who have been determined by appropriate executive branch officials to be eligible for access to classified national security information1 including sensitive compartmented information1 who may be appointed to serve as amicus curiae4 ,in appointing an amicus curiae pursuant to paragraph 7#a71 the court may choose from among those so designated4 7#d7 ,expertise ,an individual appointed as an amicus curiae under paragraph 7#a7 may be a special counsel or an expert on privacy and civil liberties1 intelligence collection1 telecommunications1 or any other area that may lend legal or technical expertise to the court4 7#e7 ,duties ,an amicus curiae appointed under paragraph 7#a7 to assist with the consideration of a covered matter shall carry out the duties assigned by the appointing court4 ,that court may authorize1 to the extent consistent with the case or controversy requirements of ,article ,,iii of the ,constitution of the ,united ,states and the national security of the ,united ,states1 the amicus curiae to review any application1 certification1 petition1 motion1 or other submission that the court determines is relevant to the duties assigned by the court4 7#f7 ,notification ,a court established under subsection 7a7 or 7b7 shall notify the ,attorney ,general of each exercise of the authority to appoint an amicus curiae under paragraph 7#a74 7#g7 ,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#h7 ,administration ,a court established under subsection 7a7 or 7b7 may provide for the designation1 appointment1 removal1 training1 support1 or other administration of an amicus curiae appointed under paragraph 7#a7 in a manner that is not inconsistent with this subsection4 7#i7 ,congressional oversight ,the ,attorney ,general shall submit to the appropriate committees of ,congress an annual report on the number of notices described in paragraph 7#f7 received by ,attorney ,general for the preceding #ab-month period4 7j7 ,review of ,,fisa court decisions ,following issuance of an order under this ,act1 a court established under subsection 7a7 shall certify for review to the court established under subsection 7b7 any question of law that may affect resolution of the matter in controversy 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 subsection1 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 purposes of section #abed7b7 of title #bh1 ,united ,states ,code1 the court of review established under subsection 7b7 shall be considered to be a court of appeals4 7#b7 ,amicus curiae briefing ,upon certification of an application under paragraph 7#a71 the ,supreme ,court of the ,united ,states may appoint an amicus curiae designated under subsection 7i77#c71 or any other person1 to provide briefing or other assistance4 4 #ejc4 ,emergencies involving non-,united ,states persons 7a7 ,in general ,section #aje 7#ej ,u4,s4,c4 #ahje7 is amended-- 7#a7 by redesignating subsections 7f71 7g71 7h71 and 7i7 as subsections 7g71 7h71 7i71 and 7j71 respectively2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 7#a7 ,notwithstanding any other provision of this ,act1 the lawfully authorized targeting of a non-,united ,states person previously believed to be located outside the ,united ,states for the acquisition of foreign intelligence information may continue for a period not to exceed #gb hours from the time that the non-,united ,states person is reasonably believed to be located inside the ,united ,states and the acquisition is subject to this title or to title ,,iii of this ,act1 provided that the head of an element of the intelligence community-- 7,a7 determines-- 7i7 that there exists an exigent circumstance2 and 7ii7 there is reason to believe that the target of the acquisition has communicated or received or will communicate or receive foreign intelligence information relevant to the exigent circumstance2 7,b7 promptly notifies the ,attorney ,general of a determination under subparagraph 7,a72 and 7,c7 requests1 as soon as practicable1 the employment of emergency electronic surveillance under subsection 7e7 or the employment of an emergency physical search pursuant to section #cjd7;e71 as warranted4 7#b7 ,the authority under this subsection to continue the acquisition of foreign intelligence information is limited to a period not to exceed #gb hours and shall cease upon the earlier of the following3 7,a7 ,the employment of emergency electronic surveillance under subsection 7e7 or the employment of an emergency physical search pursuant to section #cjd7;e74 7,b7 ,an issuance of a court order under this title or title ,,iii of this ,act4 7,c7 ,the ,attorney ,general provides direction that the acquisition be terminated4 7,d7 ,the head of the element of the intelligence community conducting the acquisition determines that a request under paragraph 7#a77;,c7 is not warranted4 7,e7 ,when the threat of death or serious bodily harm to any person is no longer reasonably believed to exist4 7#c7 ,nonpublicly available information concerning unconsenting ,united ,states persons acquired under this subsection shall not be disseminated during the #gb hour time period under paragraph 7#a7 unless necessary to investigate1 reduce1 or eliminate the threat of death or serious bodily harm to any person4 7#d7 ,if the ,attorney ,general declines to authorize the employment of emergency electronic surveillance under subsection 7e7 or the employment of an emergency physical search pursuant to section #cjd7;e71 or a court order is not obtained under this title or title ,,iii of this ,act1 information obtained during the #gb hour acquisition time period under paragraph 7#a7 shall not be retained1 except with the approval of the ,attorney ,general if the information indicates a threat of death or serious bodily harm to any person4 7#e7 ,paragraphs 7#e7 and 7#f7 of subsection 7e7 shall apply to this subsection4 4 7b7 ,notification of emergency employment of electronic surveillance ,section #ajf7;j7 7#ej ,u4,s4,c4 #ahjf7;j77 is amended by striking section #aje7;e7 and inserting subsection 7e7 or 7f7 of section #aje4 #ejd4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence 7a7 ,in general ,title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 is amended by adding at the end the following3 #eaa4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence 7a7 ,head of an element of the intelligence community defined ,in this section1 the term head of an element of the intelligence community means1 as appropriate-- 7#a7 the head of an element of the intelligence community2 or 7#b7 the head of the department or agency containing such element4 7b7 ,review of procedures approved by the ,attorney ,general 7#a7 ,requirement for immediate review ,each head of an element of the intelligence community that has not obtained the approval of the ,attorney ,general for the procedures1 in their entirety1 required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note7 within #e years prior to the date of the enactment of the ,,fisa ,reform ,act of #bjae1 shall initiate1 not later than #ahj days after such date of enactment1 a review of the procedures for such element1 in accordance with paragraph 7#c74 7#b7 ,requirement for review ,not less frequently than once every #e years1 each head of an element of the intelligence community shall conduct a review of the procedures approved by the ,attorney ,general for such element that are required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note71 or any successor order1 in accordance with paragraph 7#c74 7#c7 ,requirements for reviews ,in coordination with the ,director of ,national ,intelligence and the ,attorney ,general1 the head of an element of the intelligence community required to perform a review under paragraphs 7#a7 or 7#b7 shall-- 7,a7 review existing procedures for such element that are required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note71 or any successor order1 to assess whether-- 7i7 advances in communications or other technologies since the time the procedures were most recently approved by the ,attorney ,general have affected the privacy protections that the procedures afford to ,united ,states persons1 to include the protections afforded to ,united ,states persons whose nonpublic communications are incidentally acquired by an element of the intelligence community2 or 7ii7 aspects of the existing procedures impair the acquisition1 retention1 or dissemination of timely1 accurate1 and insightful information about the activities1 capabilities1 plans1 and intentions of foreign powers1 organization1 and persons1 and their agents2 and 7,b7 propose any modifications to existing procedures for such element in order to-- 7i7 clarify the guidance such procedures afford to officials responsible for the acquisition1 retention1 and dissemination of intelligence2 7ii7 eliminate unnecessary impediments to the acquisition1 retention1 and dissemination of intelligence2 or 7iii7 ensure appropriate protections for the privacy of ,united ,states persons and persons located inside the ,united ,states4 7#d7 ,notice ,the ,director of ,national ,intelligence and the ,attorney ,general shall notify the congressional intelligence committees following the completion of each review required under this section4 7#e7 ,requirement to provide procedures ,upon the implementation of any modifications to procedures required by section #b4c of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note71 or any successor order1 the head of the element of the intelligence community to which the modified procedures apply shall promptly provide a copy of the modified procedures to the congressional intelligence committees4 4 7b7 ,clerical amendment ,the table of sections in the first section of the ,national ,security ,act of #aidg is amended by adding after the section relating to section #eaj the following3 ,sec4 #eaa4 ,periodic review of intelligence community procedures for the acquisition1 retention1 and dissemination of intelligence4 4 #eje4 ,preservation of treatment of non-,united ,states persons traveling outside ,united ,states as agents of foreign powers ,section #aja7;b77#a7 7#ej ,u4,s4,c4 #ahja7;b77#a77 is amended-- 7#a7 in subparagraph 7,a71 by inserting before the semicolon at the end the following3 1 irrespective of whether the person is inside the ,united ,states2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking of such person's presence in the ,united ,states2 and 7,b7 by striking such activities in the ,united ,states and inserting such activities4 #ejf4 ,improvement to investigations of international proliferation of weapons of mass destruction ,section #aja7;b77#a7 7#ej ,u4,s4,c4 #ahja7;b77#a771 as amended by section #ejf1 is further amended by striking subparagraph 7,e7 and inserting the following3 7,e7 engages in the international proliferation of weapons of mass destruction1 or activities in preparation therefor1 for or on behalf of a foreign power1 or knowingly aids or abets any person in the conduct of such proliferation or activities in preparation therefor1 or knowingly conspires with any person to engage in such proliferation or activities in preparation therefor2 or 4 #ejg4 ,sunset of access to business records1 authority for roving surveillance1 and individual terrorists as agents of foreign powers 7a7 ,access to business records and authority for roving surveillance ,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 #ae1 #bjai4 7b7 ,individual terrorist as agents of foreign powers ,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 #ae1 #bjai4 #ejh4 ,restoration of authority for access to business records1 roving surveillance1 and individual terrorists as agents of foreign powers ,effective on the date of the enactment of this ,act1 sections #aja7;b77#a77;,c71 #aje7;c77#b71 #eja1 and #ejb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja7;b77#a77;,c71 #ahje7;c77#b71 #ahfa1 and #ahfb 7 are amended to read as each such section read on ,may #ca1 #bjae4