,i #aafth ,,congress #b;d ,session ,h4 ,r4 #efge ,,in ,,the ,,house ,,of ,,representatives ,january #bd1 #bjbj,ms4 ,lofgren 7for herself1 ,mr4 ,davidson of ,ohio1 ,ms4 ,jayapal1 ,mr4 ,gaetz1 ,mr4 ,blumenauer1 and ,mr4 ,yoho7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,intelligence 7,permanent ,select71 ,financial ,services1 ,oversight and ,reform1 and ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,foreign ,intelligence ,surveillance ,act of #aigh to protect privacy rights1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,safeguarding ,americans' ,private ,records ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,reform and ,oversight of ,authority ,to ,access ,certain ,business ,records for ,foreign ,intelligence and ,international ,terrorism ,investigations and for ,roving ,surveillance ,subtitle ,a--,reform and ,oversight of ,authority ,to ,access ,certain ,business ,records for ,foreign ,intelligence and ,international ,terrorism ,investigations ,sec4 #aja4 ,repeal of authority to access on an ongoing basis business records for foreign intelligence and international terrorism investigations4 ,sec4 #ajb4 ,exclusion of cell site location and global positioning system information from authority to access business records for foreign intelligence and international terrorism investigations4 ,sec4 #ajc4 ,exclusion of ,internet website browsing and ,internet search history information from authority to access business records for foreign intelligence and international terrorism investigations4 ,sec4 #ajd4 ,exclusion from authority to access business records for foreign intelligence and international terrorism investigations of information that would otherwise require a warrant4 ,sec4 #aje4 ,modification of requirements relating to connection to foreign power for access business records for foreign intelligence and international terrorism investigations4 ,sec4 #ajf4 ,justification for nondisclosure requirement concerning access business records for foreign intelligence and international terrorism investigations4 ,sec4 #ajg4 ,limitations on retention of tangible things for foreign intelligence and international terrorism investigations4 ,sec4 #ajh4 ,judicial review of compliance with minimization procedures for access to certain business records for foreign intelligence and international terrorism investigations4 ,sec4 #aji4 ,modification of requirement for ,director of ,national ,intelligence to report annually on matters relating to orders issued for production of tangible things for foreign intelligence and international terrorism investigations4 ,sec4 #aaj4 ,limitations on use of information obtained under authority to access business records for foreign intelligence and international terrorism investigations4 ,sec4 #aaa4 ,reforms relating to use of information4 ,sec4 #aab4 ,inspector ,general of ,department of ,justice report on use of activities protected by ,first ,amendment in applications for production of business records for foreign intelligence and international terrorism investigations4 ,sec4 #aac4 ,annual report on waiver of prohibition on use of information obtained without an order for production of business records for foreign intelligence and international terrorism investigations4 ,subtitle ,b--,oversight on ,use of ,authority for ,roving ,surveillance ,sec4 #aba4 ,inspector ,general of ,department of ,justice report on compliance with requirements relating to use of authority for electronic surveillance4 ,sec4 #abb4 ,annual report on waiver of prohibition on use of information obtained without an order for electronic surveillance4 ,subtitle ,c--,extension of ,authority ,to ,access ,certain ,business ,records for ,foreign ,intelligence and ,international ,terrorism ,investigations and for ,roving ,surveillance ,sec4 #aca4 ,four-year extension of authority to access certain business records for foreign intelligence and international terrorism investigations and for roving surveillance4 ,title ,,ii--,additional ,reforms of ,authorities ,under ,foreign ,intelligence ,surveillance ,act of #aigh ,sec4 #bja4 ,limitation on production of cell site location and global positioning system information under pen register and trap and trace authorities4 ,sec4 #bjb4 ,extension of authority for individual terrorists to be treated as agents of foreign powers under ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #bjc4 ,clarification regarding treatment of information acquired under ,foreign ,intelligence ,surveillance ,act of #aigh4 ,title ,,iii--,reforms ,regarding ,foreign ,intelligence ,surveillance ,act ,court and ,privacy and ,civil ,liberties ,oversight ,board ,sec4 #cja4 ,improved role in oversight of electronic surveillance by amici curiae appointed by courts under ,foreign ,intelligence ,surveillance ,act of #aigh4 ,sec4 #cjb4 ,reforms to the ,foreign ,intelligence ,surveillance ,court4 ,sec4 #cjc4 ,study and report on diversity and representation on the ,,fisa ,court and the ,,fisa ,court of ,review4 ,sec4 #cjd4 ,reforms of the ,privacy and ,civil ,liberties ,oversight ,board4 ,sec4 #cje4 ,clarification of applicability of requirement to declassify significant decisions of ,foreign ,intelligence ,surveillance ,court and ,foreign ,intelligence ,surveillance ,court of ,review4 ,title ,,iv--,sunset of ,national ,security ,letter ,authorities ,sec4 #dja4 ,sunset of national security letter authority4 ,title ,v--,other ,matters ,sec4 #eja4 ,limitation on collection without express statutory authority4 ,i ,reform and ,oversight of ,authority ,to ,access ,certain ,business ,records for ,foreign ,intelligence and ,international ,terrorism ,investigations and for ,roving ,surveillance ,a ,reform and ,oversight of ,authority ,to ,access ,certain ,business ,records for ,foreign ,intelligence and ,international ,terrorism ,investigations #aja4 ,repeal of authority to access on an ongoing basis business records for foreign intelligence and international terrorism investigations 7a7 ,in general ,subsection 7a7 of section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 is amended by adding at the end the following3 7#d7 ,the authority under paragraph 7#a7 shall not include an application for an order requiring the production-- 7,a7 on an ongoing basis of any tangible things2 or 7,b7 of any tangible things other than those identified by the specific selection term included in the application pursuant to subsection 7b77#b77;,a74 4 7b7 ,conforming amendments ,such ,act is amended-- 7#a7 in section #eja 7#ej ,u4,s4,c4 #ahfa7-- 7,a7 in subsection 7a77#a71 by striking ,subject to paragraph 7#c7 and inserting ,subject to the provisions of this subsection2 7,b7 in subsection 7b77#b7-- 7i7 by striking subparagraph 7,c72 7ii7 in subparagraph 7,b71 by striking in the case of and all that follows through in subparagraph 7,c7712 7iii7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 and 7iv7 in subparagraph 7,b77iii71 by striking the semicolon at the end and inserting 2 and2 7,c7 in subsection 7c7-- 7i7 in paragraph 7#a71 by striking with subsection 7b77#b77;,d7 and inserting with subsection 7b77#b77;,c72 and 7ii7 in paragraph 7#b71 by striking subparagraph 7,f7 and inserting the following3 7,f7 in the case of an application for call detail records1 shall direct the ,government-- 7i7 to 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 7ii7 to destroy all call detail records produced under the order as prescribed by such procedures4 2 7,d7 by amending subsection 7j7 to read as follows3 7j7 ,compensation ,the ,government shall compensate a person for reasonable expenses incurred for providing technical assistance to the ,government under this section4 2 and 7,e7 in subsection 7k77#d77;,b71 by striking ,for purposes of an application submitted under subsection 7b77#b77;,c7 and inserting ,in the case of an application for a call detail record2 7#b7 in section #ejb7;b7 7#ej ,u4,s4,c4 #ahfb7;b77-- 7,a7 by striking paragraph 7#d72 and 7,b7 by redesignating paragraphs 7#e7 through 7#h7 as paragraphs 7#d7 through 7#g71 respectively2 7#c7 in section #fjc7;b77#f7 7#ej ,u4,s4,c4 #ahgc7;b77#f77-- 7,a7 in the matter before subparagraph 7,a71 by striking under section #eja7;b77#b77;,c7 and inserting under section #eja7;b77#b77;,b72 and 7,b7 in subparagraph 7,c71 by striking any database of2 and 7#d7 in section #fjd7;a77#a77;,f7 7#ej ,u4,s4,c4 #ahgd7;a77#a77;,f77-- 7,a7 by striking clause 7iii72 7,b7 in clause 7ii71 by striking 2 and and inserting a period2 and 7,c7 in clause 7i71 by striking the semicolon and inserting 2 and4 7c7 ,technical correction ,paragraph 7#c7 of section #eja7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;a77 is amended by indenting such paragraph #b ems to the left4 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act and shall apply with respect to applications made under section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 on or after such date4 #ajb4 ,exclusion of cell site location and global positioning system information from authority to access business records for foreign intelligence and international terrorism investigations ,section #eja7k7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7k77 is amended by adding at the end the following3 7#e7 ,the term tangible thing does not include the following3 7,a7 ,cell site location information4 7,b7 ,global positioning system information4 4 #ajc4 ,exclusion of ,internet website browsing and ,internet search history information from authority to access business records for foreign intelligence and international terrorism investigations ,paragraph 7#e7 of section #eja7k7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7k771 as added by section #ajb1 is amended by adding at the end the following3 7,c7 ,internet website browsing information4 7,d7 ,internet search history information4 4 #ajd4 ,exclusion from authority to access business records for foreign intelligence and international terrorism investigations of information that would otherwise require a warrant ,section #eja7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;a771 as amended by section #aja1 is further amended by adding at the end the following3 7#e7 ,the authority under paragraph 7#a7 shall not include an application for an order authorizing or requiring the production of a tangible thing if the compelled production of such thing would require a warrant for law enforcement purposes4 4 #aje4 ,modification of requirements relating to connection to foreign power for access business records for foreign intelligence and international terrorism investigations ,section #eja7;b77#b77;,b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;b77#b77;,b771 as amended by section #aja7;b77#a77;,a71 is amended-- 7#a7 by inserting and material after sought are relevant2 and 7#b7 by striking such things being presumptively relevant to an authorized investigation if the applicant shows in the statement of facts that they and inserting and that such tangible things sought4 #ajf4 ,justification for nondisclosure requirement concerning access business records for foreign intelligence and international terrorism investigations 7a7 ,in general ,section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a77;,b71 by striking and after the semicolon2 7,b7 in paragraph 7#b77;,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 if the applicant is seeking a nondisclosure requirement described in subsection 7d71 shall include-- 7,a7 the time period during which the ,director of the ,federal ,bureau of ,investigation believes the nondisclosure requirement should apply2 7,b7 a statement of facts showing that there are reasonable grounds to believe that disclosure of particular information about the existence or contents of the order requiring the production of tangible things under this section during such time period will result in-- 7i7 endangering the life or physical safety of any person2 7ii7 flight from investigation or prosecution2 7iii7 destruction of or tampering with evidence2 7iv7 intimidation of potential witnesses2 7v7 interference with diplomatic relations2 7vi7 alerting a target1 an associate of a target1 or the foreign power of which the target is an agent1 of the interest of the ,government in the target2 or 7vii7 otherwise seriously endangering the national security of the ,united ,states2 and 7,c7 an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph 7,b74 2 7#b7 in subsection 7c71 by adding at the end the following3 7#e7 ,if a judge who issues an order under this subsection upon an application made pursuant to this section that includes a request for a nondisclosure requirement described in subsection 7d7 finds that the requirements of subsection 7b77#c7 have been met1 such order shall include a nondisclosure requirement that applies for a period of up to #a year1 unless the judge determines that the facts justify a longer period of nondisclosure1 subject to the principles and procedures described in subsection 7d74 2 and 7#c7 by amending subsection 7d7 to read as follows3 7d7 ,nondisclosure 7#a7 ,in general ,no person who receives an order entered under subsection 7c7 that contains a nondisclosure requirement shall disclose to any person the particular information specified in the nondisclosure requirement during the time period to which the requirement applies4 7#b7 ,exception 7,a7 ,in general ,a person who receives an order entered under subsection 7c7 that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary to comply with the order2 7ii7 an attorney to obtain legal advice or assistance regarding the order2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,application ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as the person to whom the order is directed4 7,c7 ,notice ,any person who discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement4 7,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 ,extension ,the ,director of the ,federal ,bureau of ,investigation1 or a designee of the ,director 7whose rank shall be no lower than ,assistant ,special ,agent in ,charge71 may apply for renewals of the prohibition on disclosure of particular information about the existence or contents of an order requiring the production of tangible things under this section for additional periods of not longer than #a year1 unless the facts justify a longer period of nondisclosure4 ,a nondisclosure requirement shall be renewed if a court having jurisdiction under paragraph 7#d7 determines that the statement of facts included in the application pursuant to subsection 7b77#c77;,b7 is true and credible4 7#d7 ,jurisdiction ,an application for a renewal under this subsection shall be made to-- 7,a7 a judge of the court established under section #ajc7;a72 or 7,b7 a ,united ,states ,magistrate ,judge under chapter #dc of title #bh1 ,united ,states ,code1 who is publicly designated by the ,chief ,justice of the ,united ,states to have the power to hear applications and grant orders for the production of tangible things under this section on behalf of a judge of the court established under section #ajc7;a74 4 7b7 ,conforming amendment ,section #eja7;f77#a77;,b7 of such ,act 7#ej ,u4,s4,c4 #ahfa7;f77#a77;,b77 is amended by striking an order imposed under subsection 7d7 and inserting a nondisclosure requirement imposed in connection with a production order4 #ajg4 ,limitations on retention of tangible things for foreign intelligence and international terrorism investigations ,section #eja7;g77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 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 following new subparagraph 7,c73 7,c7 procedures that require that nonpublicly available information shall not be retained for more than three years unless determined to include foreign intelligence information2 and 2 and 7#d7 in subparagraph 7,d71 as redesignated by paragraph 7#b71 by striking and 7,b7 and inserting 7,b71 and 7,c74 #ajh4 ,judicial review of compliance with minimization procedures for access to certain business records for foreign intelligence and international terrorism investigations ,section #eja7;c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;c771 as amended by section #ajf7;a77#b71 is further amended by adding at the end the following3 7#f7 ,judicial review of compliance with minimization procedures ,at or before the end of the period for the production of tangible things under an order entered under this section or at any time after the production of tangible things under an order entered under this section1 a judge may assess compliance with the minimization procedures required by such order by reviewing the circumstances under which information concerning ,united ,states persons was acquired1 retained1 or disseminated4 4 #aji4 ,modification of requirement for ,director of ,national ,intelligence to report annually on matters relating to orders issued for production of tangible things for foreign intelligence and international terrorism investigations 7a7 ,in general ,subsection 7b77#e7 of section #fjc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7 is amended-- 7#a7 in subparagraph 7,a71 by striking 2 and and inserting a semicolon2 7#b7 in subparagraph 7,b7-- 7,a7 by inserting 1 including information received electronically and through hard-copy and portable media after such orders2 and 7,b7 by striking the semicolon and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 the number of individuals for whom unique identifiers1 unique personal identifiable information1 or other identifying information has been collected pursuant to such orders1 including information received electronically and through hard-copy and portable media2 7,d7 the number of search terms that included information concerning a ,united ,states person that were used to query any database containing records obtained through the use of such orders2 7,e7 the number of queries described in subparagraph 7,d7 that returned information obtained from orders issued pursuant to applications made under section #eja7;b77#b72 7,f7 the number of times the ,attorney ,general required the emergency production of tangible things pursuant to section #eja7;i77#a7 and the application under subparagraph 7,d7 of such section was denied2 and 7,g7 the number of warrants under title ,i of this ,act and the number of warrants under title #ah1 ,united ,states ,code1 that relied on information obtained through the use of such orders2 4 7b7 ,additional information ,subsection 7b77#b7 of such section is amended-- 7#a7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7#b7 by inserting after subparagraph 7,c7 the following3 7,d7 the number of queries described in subparagraph 7,c7 that returned information obtained from orders issued under such section2 and 4 7c7 ,repeal of nonapplicability to ,federal ,bureau of ,investigation of certain reporting requirements ,subsection 7d77#b7 of such section is amended by striking 7,a7 ,federal ,bureau and all that follows through ,paragraph 7#c77;,b7 of and inserting ,paragraph 7#c77;,b74 #aaj4 ,limitations on use of information obtained under authority to access business records for foreign intelligence and international terrorism investigations ,section #eja7;h7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;h77 is amended-- 7#a7 by striking ,information acquired and inserting the following3 7#a7 ,in general ,information acquired 2 and 7#b7 by adding at the end the following3 7#b7 ,limitation on use in criminal1 civil1 and administrative proceedings and investigations ,no information about a person acquired as described in paragraph 7#a7 who is either a ,united ,states person or is located in the ,united ,states may be introduced as evidence against the person in any criminal1 civil1 or administrative proceeding or used as part of any criminal1 civil1 or administrative investigation1 except-- 7,a7 with the prior approval of the ,attorney ,general2 and 7,b7 in a proceeding or investigation in which the information is directly related to and necessary to address a specific threat of-- 7i7 terrorism 7as defined in clauses 7i7 through 7iii7 of section #bccb7;g77#e77;,b7 of title #ah1 ,united ,states ,code72 7ii7 espionage 7as used in chapter #cg of title #ah1 ,united ,states ,code72 7iii7 proliferation or use of a weapon of mass destruction 7as defined in section #bccb;a7c7 of title #ah1 ,united ,states ,code72 7iv7 a cybersecurity threat from a foreign country2 7v7 incapacitation or destruction of critical infrastructure 7as defined in section #ajaf7;e7 of the ,uniting and ,strengthening ,america by ,providing ,appropriate ,tools ,required to ,intercept and ,obstruct ,terrorism 7,,usa ,,patriot ,,act7 ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e7772 or 7vi7 a threat to the armed forces of the ,united ,states or an ally of the ,united ,states or to other personnel of the ,united ,states ,government or a government of an ally of the ,united ,states4 4 #aaa4 ,reforms relating to use of information 7a7 ,compliance with minimization procedures2 privileged communications2 lawful purposes ,subsection 7a7 of section #ajf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjf7 is amended by inserting or an order issued under section #eja after pursuant to this title both places it appears4 7b7 ,statement for disclosure ,subsection 7b7 of such section is amended by inserting or an order issued under section #eja after pursuant to this title4 7c7 ,notification by ,united ,states ,subsection 7c7 of such section is amended by inserting or an order issued under section #eja after authority of this title4 7d7 ,notification by ,states or political subdivisions ,subsection 7d7 of such section is amended-- 7#a7 by inserting or an order for production issued under section #eja after authority of this title2 and 7#b7 by inserting or production regarding after surveillance of4 7e7 ,motion ,to suppress ,subsection 7e7 of such section is amended-- 7#a7 by inserting or an order for production issued under section #eja after from an electronic surveillance2 and 7#b7 by inserting or order after such electronic surveillance4 7f7 ,in camera and ex parte review by district court ,subsection 7f7 of such section is amended-- 7#a7 in the first sentence-- 7,a7 by inserting or an order for production issued under section #eja after electronic surveillance both places it appears2 7,b7 by inserting or the production after to the surveillance2 and 7,c7 by inserting or production regarding after surveillance of2 and 7#b7 in the second sentence1 by inserting or production after surveillance both places it appears4 7g7 ,suppression of evidence2 denial of motion ,subsection 7g7 of such section is amended-- 7#a7 by inserting or production after the surveillance both places it appears2 and 7#b7 by inserting or an order for production issued under section #eja after electronic surveillance4 7h7 ,finality of orders ,subsection 7h7 of such section is amended-- 7#a7 by inserting or an order for production issued under section #eja after electronic surveillance2 and 7#b7 by inserting or production after a surveillance4 7i7 ,destruction of unintentionally acquired information ,subsection 7i7 of such section is amended-- 7#a7 by inserting production or after unintentional2 and 7#b7 by inserting or records after contents each place it appears4 7j7 ,notification of emergency employment of electronic surveillance2 contents2 postponement1 suspension1 or elimination ,subsection 7j7 of such section is amended-- 7#a7 in the matter before paragraph 7#a7-- 7,a7 by inserting or emergency production under section #eja7;i7 after of section #aje2 and 7,b7 by inserting or the emergency production after to electronic surveillance2 and 7#b7 in paragraph 7#b71 by inserting or production after surveillance4 7k7 ,clarification of aggrieved person ,such section is amended by adding at the end the following3 7l7 ,for purposes of this section1 the term aggrieved person shall include an individual about whom information has been collected pursuant to an order entered under section #eja4 4 #aab4 ,inspector ,general of ,department of ,justice report on use of activities protected by ,first ,amendment in applications for production of business records for foreign intelligence and international terrorism investigations 7a7 ,report required ,not later than ,december #ca1 #bjba1 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 on the use of activities and protected classes described in subsection 7b7 in-- 7#a7 applications for orders under section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa72 and 7#b7 investigations for which such orders are sought4 7b7 ,activities and protected classes described ,the activities and protected classes described in this subsection are the following3 7#a7 ,activities and expression protected by the first amendment to the ,constitution of the ,united ,states4 7#b7 ,race1 ethnicity1 national origin1 religious affiliation1 and such other protected classes as the ,inspector ,general considers appropriate4 #aac4 ,annual report on waiver of prohibition on use of information obtained without an order for production of business records for foreign intelligence and international terrorism investigations ,section #eja7;i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;i77 is amended by adding at the end the following3 7#g7 ,annual report on waivers of prohibition against use of information obtained without order ,not less frequently than once each year1 the ,attorney ,general 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 an annual report on all cases in which the ,attorney ,general approved the use of information that would otherwise be prohibited under paragraph 7#e74 4 ,b ,oversight on ,use of ,authority for ,roving ,surveillance #aba4 ,inspector ,general of ,department of ,justice report on compliance with requirements relating to use of authority for electronic surveillance 7a7 ,report required ,not later than ,december #ca1 #bjba1 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 on compliance with section #aje7;c77#c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje7;c77#c774 7b7 ,contents ,the report submitted under subsection 7a7 shall cover the #c-year period ending on the date of the enactment of this ,act and include the following3 7#a7 ,an assessment of the processes1 if any1 employed by the ,director of the ,federal ,bureau of ,investigation to ascertain whether each new facility or place at which electronic surveillance was directed was used by the target of the surveillance4 7#b7 ,an assessment of whether each new facility or place at which electronic surveillance was directed was used by-- 7,a7 the target of the surveillance2 and 7,b7 individuals other than the target of the surveillance1 including the number of such individuals4 7#c7 ,the effectiveness of minimization procedures to limit collection of facilities or places that are determined were not used by the target of the surveillance4 7#d7 ,an assessment of the process whereby orders are approved absent knowledge of the identity of the target4 7#e7 ,the number of orders in which the identity of the target is not known4 #abb4 ,annual report on waiver of prohibition on use of information obtained without an order for electronic surveillance ,section #aje7;e7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje7;e77 is amended by adding at the end the following3 7#g7 ,not less frequently than once each year1 the ,attorney ,general 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 an annual report on all cases in which the ,attorney ,general approved the use of information that would otherwise be prohibited under paragraph 7#e74 4 ,c ,extension of ,authority ,to ,access ,certain ,business ,records for ,foreign ,intelligence and ,international ,terrorism ,investigations and for ,roving ,surveillance #aca4 ,four-year extension of authority to access certain business records for foreign intelligence and international terrorism investigations and for roving surveillance ,section #ajb of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #ej ,u4,s4,c4 #ahje note7 is amended by striking ,march #ae1 #bjbj and inserting ,december #ae1 #bjbc4 ,,ii ,additional ,reforms of ,authorities ,under ,foreign ,intelligence ,surveillance ,act of #aigh #bja4 ,limitation on production of cell site location and global positioning system information under pen register and trap and trace authorities ,section #djb7;d7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdb7;d77 is amended by adding at the end the following3 7#d7 ,no cell site location or global positioning system information may be produced pursuant to an order under this subsection4 4 #bjb4 ,extension of authority for individual terrorists to be treated as agents of foreign powers under ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,extension ,section #fjja7;b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ahja note7 is amended by striking ,march #ae1 #bjbj and inserting ,december #ae1 #bjbc4 7b7 ,reporting 7#a7 ,initial report ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to ,congress a report that identifies1 for the preceding #ab-month period1 the number times a person who engages in international terrorism1 or activities in preparation therefore1 not for or on behalf of a foreign power1 was treated as an agent of a foreign power under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7#b7 ,annual reporting 7,a7 ,in general ,section #fjc7;b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgc7;b77 is amended-- 7i7 in paragraph 7#f77;,c71 by striking 2 and and inserting a semicolon2 7ii7 in paragraph 7#g71 by striking the period and inserting 2 and2 and 7iii7 by adding at the end the following3 7#h7 the number times a person who engages in international terrorism1 or activities in preparation therefore1 not for or on behalf of a foreign power1 was treated as an agent of a foreign power under this ,act4 4 7,b7 ,effective date ,the amendment made by subparagraph 7,a7 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 #bjc4 ,clarification regarding treatment of information acquired under ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,definition of derived 7#a7 ,in general ,section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja7 is amended by adding at the end the following3 7q7 ,for the purposes of notification provisions of this ,act1 information or evidence is derived from an electronic surveillance1 physical search1 use of a pen register or trap and trace device1 production of tangible things1 or acquisition under this ,act when the ,government would not have originally possessed the information or evidence but for that electronic surveillance1 physical search1 use of a pen register or trap and trace device1 production of tangible things1 or acquisition1 and regardless of any claim that the information or evidence is attenuated from the surveillance or search1 would inevitably have been discovered1 or was subsequently reobtained through other means4 4 7#b7 ,policies and guidance 7,a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,attorney ,general and the ,director of ,national ,intelligence shall publish the following3 7i7 ,policies concerning the application of subsection 7q7 of section #aja of such ,act1 as added by paragraph 7#a74 7ii7 ,guidance for all members of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 and all ,federal agencies with law enforcement responsibilities concerning the application of such subsection4 7,b7 ,modifications ,whenever the ,attorney ,general and the ,director modify a policy or guidance published under subparagraph 7,a71 the ,attorney ,general and the ,director shall publish such modifications4 7b7 ,use of information acquired under title ,,vii ,section #gjf of such ,act 7#ej ,u4,s4,c4 #ahha;e7 is amended-- 7#a7 in subsection 7a71 by striking 1 except for the purposes of subsection 7j7 of such section2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,information acquired under sections #gjc-gje ,information acquired from an acquisition conducted under section #gjc1 #gjd1 or #gje shall be deemed to be information acquired from an electronic surveillance pursuant to title ,i for the purposes of section #ajf4 4 ,,iii ,reforms ,regarding ,foreign ,intelligence ,surveillance ,act ,court and ,privacy and ,civil ,liberties ,oversight ,board #cja4 ,improved role in oversight of electronic surveillance by amici curiae appointed by courts under ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,role of amici curiae generally 7#a7 ,in general ,section #ajc7;i77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77#a77 is amended by adding at the end the following3 ,any amicus curiae designated pursuant to this paragraph may raise any issue with the ,court at any time44 7#b7 ,referral of cases for review ,section #ajc7;i7 of such ,act is amended-- 7,a7 by redesignating paragraphs 7#e7 through 7#aa7 as paragraphs 7#f7 through 7#ab71 respectively2 and 7,b7 by inserting after paragraph 7#d7 the following3 7#e7 ,referral for review 7,a7 ,referral to ,foreign ,intelligence ,surveillance ,court en banc ,if the court established under subsection 7a7 appoints an amicus curiae under paragraph 7#b77;,a7 to assist the ,court in the consideration of any matter presented to the ,court under this ,act and the ,court makes a decision with respect to such matter1 the ,court1 in response to an application by the amicus curiae or any other individual designated under paragraph 7#a71 may refer the decision to the ,court en banc for review as the ,court considers appropriate4 7,b7 ,referral to ,foreign ,intelligence ,surveillance ,court of ,review ,if the court established under subsection 7a7 appoints an amicus curiae under paragraph 7#b77;,a7 to assist the ,court in the consideration of any matter presented to the ,court under this ,act and the ,court makes a decision with respect to such matter1 the ,court1 in response to an application by the amicus curiae or any other individual designated under paragraph 7#a7 may refer the decision to the court established under subsection 7b7 for review as the ,court considers appropriate4 7,c7 ,referral to ,supreme ,court ,if the ,court of ,review appoints an amicus curiae under paragraph 7#b7 to assist the ,court of ,review in the review of any matter presented to the ,court of ,review under this ,act or a question of law that may affect resolution of a matter in controversy and the ,court of ,review makes a decision with respect to such matter or question of law1 the ,court of ,review1 in response to an application by the amicus curiae or any other individual designated under paragraph 7#a7 may refer the decision to the ,supreme ,court for review as the ,court of ,review considers appropriate4 7,d7 ,annual report ,not later than #fj days after the end of each calendar year1 the ,court and the ,court of ,review shall each publish1 on their respective ,internet websites1 a report listing-- 7i7 the number of applications for referral received by the ,court or the ,court of ,review1 as applicable1 during the most recently concluded calendar year2 and 7ii7 the number of such applications for referral that were granted by the ,court or the ,court of ,review1 as applicable1 during such calendar year4 4 7#c7 ,assistance ,section #ajc7;i77#f7 of such ,act1 as redesignated1 is further amended to read as follows3 7#f7 ,assistance ,any individual designated pursuant to paragraph 7#a7 may raise a legal or technical issue or any other issue with the ,court or the ,court of ,review at any time4 ,if an amicus curiae is appointed under paragraph 7#b77;,a7-- 7,a7 the court shall notify all other amicus curiae designated under paragraph 7#a7 of such appointment2 7,b7 the appointed amicus curiae may request1 either directly or through the court1 the assistance of the other amici curiae designated under paragraph 7#a72 and 7,c7 all amici curiae designated under paragraph 7#a7 may provide input to the court whether or not such input was formally requested by the court or the appointed amicus curiae4 4 7#d7 ,access to information ,section #ajc7;i77#g7 of such ,act1 as redesignated1 is further amended-- 7,a7 in subparagraph 7,a7-- 7i7 in clause 7i7-- 7,i7 by striking that the court and inserting the following3 8that-- 7,i7 the court 2 and 7,,ii7 by striking and at the end and inserting the following3 8or 7,,ii7 are cited by the ,government in an application or case with respect to which an amicus curiae is assisting a court under this subsection2 2 7ii7 by redesignating clause 7ii7 as clause 7iii72 and 7iii7 by inserting after clause 7i7 the following3 7ii7 shall have access to an unredacted copy of each decision made by a court established under subsection 7a7 or 7b7 in which the court decides a question of law1 notwithstanding whether the decision is classified2 and 2 7,b7 in subparagraph 7,b71 by striking may and inserting shall2 and 7,c7 in subparagraph 7,c7-- 7i7 in the subparagraph heading1 by striking ,classified information and inserting ,access to information2 7ii7 by striking court may have access and inserting the following3 8court-- 7i7 shall have access to unredacted copies of each opinion1 order1 transcript1 pleading1 or other document of the ,court and the ,court of ,review2 and 7ii7 may have access 2 and 7iii7 in clause 7ii71 as designated by clause 7ii7 of this subparagraph1 by striking and to the extent consistent with the national security of the ,united ,states4 7#e7 ,public notice and receipt of briefs from third parties ,section #ajc7;i7 of such ,act1 as amended by this subsection1 is further amended by adding at the end the following3 7#ac7 ,public notice and receipt of briefs from third parties ,whenever a court established under subsection 7a7 or 7b7 considers a novel a question of law that can be considered without disclosing classified information1 sources1 or methods1 the court shall1 to the greatest extent practicable1 consider such question in an open manner-- 7,a7 by publishing on its ,internet website each question of law that the court is considering2 and 7,b7 by accepting briefs from third parties relating to the question under consideration by the court4 4 7b7 ,participation of amici curiae in oversight of authorizations for targeting of certain persons outside the ,united ,states other than ,united ,states persons 7#a7 ,in general ,section #gjb7;j77#b7 of such ,act 7#ej ,u4,s4,c4 #ahha;a7j77#b77 is amended-- 7,a7 in subparagraph 7,b71 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and adjusting the indentation of the margin of such subclauses1 as so redesignated1 two ems to the right2 7,b7 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and adjusting the indentation of the margin of such clauses1 as so redesignated1 two ems to the right2 7,c7 by inserting before clause 7i71 as redesignated by subparagraph 7,b71 the following3 7,a7 ,in general 2 and 7,d7 by adding at the end the following3 7,b7 ,participation by amici curiae ,in reviewing a certification under subparagraph 7,a77i71 the ,court shall randomly select an amicus curiae designated under section #ajc7;i7 to assist with such review4 4 7#b7 ,schedule ,section #gjb7;j77#e77;,a7 of such ,act is amended by striking at least #cj days prior to the expiration of such authorization and inserting such number of days before the expiration of such authorization as the ,court considers necessary to comply with the requirements of paragraph 7#b77;,b7 or #cj days1 whichever is greater4 7c7 ,public notice of questions of law certified for review ,section #ajc7;j7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;j77 is amended-- 7#a7 by striking ,following and inserting the following3 7#a7 ,in general ,following 2 and 7#b7 by adding at the end the following3 7#b7 ,public ,notice 7,a7 ,in general ,except as provided in subparagraph 7,b71 whenever a court established under subsection 7a7 certifies a question of law for review under paragraph 7#a7 of this subsection1 the court shall publish on its ,internet website-- 7i7 a notice of the question of law to be reviewed2 and 7ii7 briefs submitted by the parties1 which may be redacted at the discretion of the court to protect sources1 methods1 and other classified information4 7,b7 ,protection of classified information1 sources1 and methods ,subparagraph 7,a7 shall apply to the greatest extent practicable1 consistent with otherwise applicable law on the protection of classified information1 sources1 and methods4 4 #cjb4 ,reforms to the ,foreign ,intelligence ,surveillance ,court 7a7 ,,fisa ,court judges 7#a7 ,number and designation of judges ,section #ajc7;a77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a77#a77 is amended to read as follows3 7#a7 7,a7 ,there is a court which shall have jurisdiction to hear applications for and to grant orders approving electronic surveillance anywhere within the ,united ,states under the procedures set forth in this ,act4 7,b7 7i7 ,the court established under subparagraph 7,a7 shall consist of #ac judges1 one of whom shall be designated from each judicial circuit 7including the ,united ,states ,court of ,appeals for the ,district of ,columbia and the ,united ,states ,court of ,appeals for the ,federal ,circuit74 7ii7 ,the ,chief ,justice of the ,united ,states shall-- 7,i7 designate each judge of the court established under subparagraph 7,a7 from the nominations made under subparagraph 7,c72 and 7,,ii7 make the name of each judge of such court available to the public4 7,c7 7i7 ,when a vacancy occurs in the position of a judge of the court established under subparagraph 7,a7 from a judicial circuit1 the chief judge of the circuit shall propose a district judge for a judicial district within the judicial circuit to be designated for that position4 7ii7 ,if the ,chief ,justice does not designate a district judge proposed under clause 7i71 the chief judge shall propose #b other district judges for a judicial district within the judicial circuit to be designated for that position and the ,chief ,justice shall designate #a such district judge to that position4 7,d7 ,no judge of the court established under subparagraph 7,a7 7except when sitting en banc under paragraph 7#b77 shall hear the same application for electronic surveillance under this ,act which has been denied previously by another judge of such court4 7,e7 ,if any judge of the court established under subparagraph 7,a7 denies an application for an order authorizing electronic surveillance under this ,act1 such judge shall provide immediately for the record a written statement of each reason for the judge's decision and1 on motion of the ,united ,states1 the record shall be transmitted1 under seal1 to the court of review established in subsection 7b74 4 7#b7 ,tenure ,section #ajc7;d7 of such ,act is amended by striking redesignation1 and all that follows through the end and inserting redesignation44 7#c7 ,implementation 7,a7 ,incumbents ,a district judge designated to serve on the court established under subsection 7a7 of such section before the date of enactment of this ,act may continue to serve in that position until the end of the term of the district judge under subsection 7d7 of such section1 as in effect on the day before the date of the enactment of this ,act4 7,b7 ,initial appointment and term ,notwithstanding any provision of such section1 as amended by paragraphs 7#a7 and 7#b71 and not later than #ahj days after the date of enactment of this ,act1 the ,chief ,justice of the ,united ,states shall-- 7i7 designate a district court judge who is serving in a judicial district within the ,district of ,columbia circuit and proposed by the chief judge of such circuit to be a judge of the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a77 for an initial term of #g years2 and 7ii7 designate a district court judge who is serving in a judicial district within the ,federal circuit and proposed by the chief judge of such circuit to be a judge of such court for an initial term of #d years4 7b7 ,court of ,review ,section #ajc7;b7 of such ,act is amended-- 7#a7 by striking ,the ,chief ,justice and inserting 7#a7 ,subject to paragraph 7#b71 the ,chief ,justice2 and 7#b7 by adding at the end the following3 7#b7 ,the ,chief ,justice may designate a district court judge or circuit court judge to a position on the court established under paragraph 7#a7 only if at least #e associate justices approve the designation of such individual4 4 #cjc4 ,study and report on diversity and representation on the ,,fisa ,court and the ,,fisa ,court of ,review 7a7 ,study ,the ,committee on ,intercircuit ,assignments of the ,judicial ,conference of the ,united ,states shall conduct a study on how to ensure judges are appointed to the court established under subsection 7a7 of section #ajc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7 and the court established under subsection 7b7 of such section in a manner that ensures such courts are diverse and representative4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,committee on ,intercircuit ,assignments shall submit to ,congress a report on the study carried out under subsection 7a74 #cjd4 ,reforms of the ,privacy and ,civil ,liberties ,oversight ,board 7a7 ,inclusion of foreign intelligence activities in oversight authority of the ,privacy and ,civil ,liberties ,oversight ,board ,section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7 is amended-- 7#a7 in subsection 7c71 by inserting and to conduct foreign intelligence activities after terrorism each place such term appears2 and 7#b7 in subsection 7d71 and to conduct foreign intelligence activities after terrorism each place such term appears4 7b7 ,submission of whistleblower complaints to the ,privacy and ,civil ,liberties ,oversight ,board 7#a7 ,in general ,such section1 as amended by subsection 7a71 is further amended-- 7,a7 in subsection 7d71 by adding at the end the following3 7#e7 ,whistleblower complaints 7,a7 ,submission to ,board ,an employee of1 or contractor or detailee to1 an element of the intelligence community may submit to the ,board a complaint or information that such employee1 contractor1 or detailee believes relates to a privacy or civil liberties concern4 ,the confidentiality provisions under section #bdji7;b77#c7 of title #aj1 ,united ,states ,code1 shall apply to a submission under this subparagraph4 ,any disclosure under this subparagraph shall be protected against discrimination under the procedures1 burdens of proof1 and remedies set forth in section #bdji of such title4 7,b7 ,authority of ,board ,the ,board may take such action as the ,board considers appropriate with respect to investigating a complaint or information submitted under subparagraph 7,a7 or transmitting such complaint or information to any other ,executive agency or the congressional intelligence committees4 7,c7 ,relationship to existing laws ,the authority under subparagraph 7,a7 of an employee1 contractor1 or detailee to submit to the ,board a complaint or information shall be in addition to any other authority under another provision of law to submit a complaint or information4 ,any action taken under any other provision of law by the recipient of a complaint or information shall not preclude the ,board from taking action relating to the same complaint or information4 7,d7 ,relationship to actions taken under other laws ,nothing in this paragraph shall prevent-- 7i7 any individual from submitting a complaint or information to any authorized recipient of the complaint or information2 or 7ii7 the recipient of a complaint or information from taking independent action on the complaint or information4 2 and 7,b7 by adding at the end the following3 7n7 ,definitions ,in this section1 the terms congressional intelligence committees and intelligence community have the meanings given such terms in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 4 7#b7 ,prohibited personnel practices ,section #bcjb7;b77#h77;,b7 of title #e1 ,united ,states ,code1 is amended1 in the matter preceding clause 7i71 by striking or to the ,inspector ,general of an agency or another employee designated by the head of the agency to receive such disclosures and inserting the ,inspector ,general of an agency1 a supervisor in the employee's direct chain of command 7up to and including the head of the employing agency71 the ,privacy and ,civil ,liberties ,oversight ,board1 or an employee designated by any of the aforementioned individuals for the purpose of receiving such disclosures4 7c7 ,privacy and ,civil ,liberties ,oversight ,board subpoena power ,subsection 7g7 of section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7 is amended-- 7#a7 in paragraph 7#a77;,d71 by striking submit a written request to the ,attorney ,general of the ,united ,states that the ,attorney ,general2 7#b7 by striking paragraph 7#b72 and 7#c7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#b7 through 7#d71 respectively4 7d7 ,tenure and compensation of ,privacy and ,civil ,liberties ,oversight ,board members and staff 7#a7 ,in general ,such section1 as amended by subsections 7a7 and 7b71 is further amended-- 7,a7 in subsection 7h7-- 7i7 in paragraph 7#a71 by inserting full-time after #d additional2 and 7ii7 in paragraph 7#d77;,b71 by striking 1 except that and all that follows through the end and inserting a period2 7,b7 in subsection 7i77#a7-- 7i7 in subparagraph 7,a71 by striking level ,,iii of the ,executive ,schedule under section #ecad and inserting level ,,ii of the ,executive ,schedule under section #ecac2 and 7ii7 in subparagraph 7,b71 by striking level ,,iv of the ,executive ,schedule and all that follows through the end and inserting level ,,iii of the ,executive ,schedule under section #ecad of title #e1 ,united ,states ,code42 and 7,c7 in subsection 7j77#a71 by striking level ,v of the ,executive ,schedule under section #ecaf and inserting level ,,iv of the ,executive ,schedule under section #ecae4 7#b7 ,effective date2 applicability 7,a7 ,in general ,the amendments made by paragraph 7#a7-- 7i7 shall take effect on the date of the enactment of this ,act2 and 7ii7 except as provided in paragraph 7#b71 shall apply to any appointment to a position as a member of the ,privacy and ,civil ,liberties ,oversight ,board made on or after the date of the enactment of this ,act4 7,b7 ,exceptions 7i7 ,compensation changes ,the amendments made by subparagraphs 7,b77i7 and 7,c7 of paragraph 7#a7 shall take effect on the first day of the first pay period beginning after the date of the enactment of this ,act4 7ii7 ,election to serve full time by incumbents 7,i7 ,in general ,an individual serving as a member of the ,privacy and ,civil ,liberties ,oversight ,board on the date of the enactment of this ,act1 including a member continuing to serve as a member under section #ajfa7;h77#d77;,b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7h77#d77;,b771 7referred to in this clause as a current member7 may make an election to-- 7aa7 serve as a member of the ,privacy and ,civil ,liberties ,oversight ,board on a full-time basis and in accordance with section #ajfa of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee71 as amended by this section2 or 7bb7 serve as a member of the ,privacy and ,civil ,liberties ,oversight ,board on a part-time basis in accordance with such section #ajfa1 as in effect on the day before the date of the enactment of this ,act1 including the limitation on service after the expiration of the term of the member under subsection 7h77#d77;,b7 of such section1 as in effect on the day before the date of the enactment of this ,act4 7,,ii7 ,election to serve full time ,a current member making an election under subclause 7,i77aa7 shall begin serving as a member of the ,privacy and ,civil ,liberties ,oversight ,board on a full-time basis on the first day of the first pay period beginning not less than #fj days after the date on which the current member makes such election4 7e7 ,provision of information about government activities under the ,foreign ,intelligence ,surveillance ,act of #aigh to the ,privacy and ,civil ,liberties ,oversight ,board ,the ,attorney ,general shall fully inform the ,privacy and ,civil ,liberties ,oversight ,board about any activities carried out by the ,government under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 including by providing to the ,board-- 7#a7 copies of each detailed report submitted to a committee of ,congress under such ,act2 and 7#b7 copies of each decision1 order1 and opinion of the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review required to be included in the report under section #fja7;a7 of such ,act 7#ej ,u4,s4,c4 #ahga7;a774 #cje4 ,clarification of applicability of requirement to declassify significant decisions of ,foreign ,intelligence ,surveillance ,court and ,foreign ,intelligence ,surveillance ,court of ,review 7a7 ,clarification of applicability ,section #fjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahgb7 shall apply with respect to decisions1 orders1 and opinions described in subsection 7a7 of such section that were issued on1 before1 or after the date of the enactment of the ,uniting and ,strengthening ,america by ,fulfilling ,rights and ,ensuring ,effective ,discipline ,over ,monitoring ,act of #bjae 7,public ,law #aad-bc74 7b7 ,period for publication ,such section is amended by adding at the end the following3 7d7 ,period for publication ,the ,director of ,national ,intelligence shall ensure that1 for each decision1 order1 and opinion described in subsection 7a71 not later than #ahj days after the date of the decision1 order1 or opinion-- 7#a7 the declassification review required by such subsection is completed2 and 7#b7 7,a7 the decision1 order1 or opinion is made publicly available2 or 7,b7 a statement is made publicly available pursuant to subsection 7c77#b7 with respect to the decision1 order1 or opinion4 4 ,,iv ,sunset of ,national ,security ,letter ,authorities #dja4 ,sunset of national security letter authority 7a7 ,in general ,effective on ,december #ae1 #bjbc-- 7#a7 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7 is repealed2 7#b7 section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is repealed2 7#c7 section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is repealed2 7#d7 section #bgji of title #ah1 ,united ,states ,code is repealed2 and 7#e7 section #ceaa of title #ah1 ,united ,states ,code is amended-- 7,a7 by striking section #bgji7;b7 of this title1 section #fbf7;a7 or 7b7 or #fbg7;a7 of the ,fair ,credit ,reporting ,act1 section #aaad7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act1 or section #hjb7;a7 of the ,national ,security ,act of #aidg each place it appears and inserting section #hjb7;a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7;a772 and 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a77;,a71 by striking 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 or2 and 7ii7 in paragraph 7#b71 by striking the ,attorney ,general and all that follows through the head or deputy head of the department1 agency1 or instrumentality1 and inserting the head or deputy head of the department1 agency1 or instrumentality making the request4 7b7 ,conforming amendments ,effective on ,december #ae1 #bjbc-- 7#a7 the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdja et seq47 is amended-- 7,a7 in section #aaja7a7 7#ab ,u4,s4,c4 #cdja7a77 by striking 1 except as provided in section #aaad12 7,b7 in section #aajb 7#ab ,u4,s4,c4 #cdjb71 in the matter preceding paragraph 7#a7 by striking 1 #aaac1 or #aaad and inserting or #aaac2 and 7,c7 in section #aaji 7#ab ,u4,s4,c4 #cdji7-- 7i7 by striking subsection 7c72 and 7ii7 by redesignating subsection 7d7 as subsection 7c72 7#b7 section #aeaj7;e7 of title #ah1 ,united ,states ,code1 is amended by striking confidentiality requirements and all that follows through ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dcf7;b77#a771 and inserting confidentiality requirements under section #hjb7;b77#a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7;b77#a7712 7#c7 the table of sections for chapter #aba of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #bgji2 7#d7 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended-- 7,a7 in section #fjc 7#ej ,u4,s4,c4 #ahgc7-- 7i7 in subsection 7b7-- 7,i7 in paragraph 7#e71 by adding and at the end2 7,,ii7 in paragraph 7#f71 by striking 2 and and inserting a period2 and 7,,iii7 by striking paragraph 7#g72 and 7ii7 in subsection 7e7-- 7,i7 by striking paragraph 7#c72 and 7,,ii7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#c7 and 7#d71 respectively2 7,b7 in section #hja7h77;,b77#b7 7#ej ,u4,s4,c4 #ahhe7h77;,b77#b771 by striking or #bgji7;b72 and 7,c7 in section #hjb7;a77#b7 7#ej ,u4,s4,c4 #ahhe;a7a77#b771 by striking or #bgji7;b72 and 7#e7 section #ejg of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cajf7 is amended-- 7,a7 by striking subsection 7b7 and inserting the following3 7b7 ,semiannual reports ,the dates for the submittal to the congressional intelligence committees of the semiannual reports on decisions not to prosecute certain violations of law under the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app47 as required by section #ac of that ,act shall be the dates each year provided in subsection 7c77#b74 2 7,b7 in subsection 7c77#b71 by striking each semiannual and inserting the semiannual2 and 7,c7 in subsection 7d77#a77;,b71 by striking a semiannual and inserting the semiannual4 ,v ,other ,matters #eja4 ,limitation on collection without express statutory authority 7a7 ,prohibition on interception and disclosure of wire1 oral1 or electronic communications ,section #beaa7b77;f7 of title #ah1 ,united ,states ,code1 is amended by inserting-- 7#a7 by inserting 7i7 after acquisition by the ,united ,states ,government of2 7#b7 by inserting if the acquisition 7,i7 is pursuant to express statutory authority or 7,,ii7 does not include information of ,united ,states persons or persons inside the ,united ,states after international or foreign communications2 and 7#c7 by inserting 7ii7 before foreign intelligence activities conducted in accordance with4 7b7 ,voluntary disclosure of customer communications or records ,section #bgjb7;a7 of title #ah1 ,united ,states ,code1 is amended by striking to the public each place it appears4 7c7 ,exclusive means related to communications records ,the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 shall be the exclusive means by which electronic communications transactions records1 call detail records1 or other information from communications of ,united ,states persons or persons inside the ,united ,states are collected for intelligence purposes from a person or entity located in the ,united ,states that provides telecommunications1 electronic communication or remote computing services4 7d7 ,exclusive means related to cell site location1 global positioning system information1 web browsing history1 and ,internet search history ,title ,i and sections #cjc1 #cjd1 #gjc1 #gjd1 and #gje of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq41 #ahbc1 #ahbd1 #ahha;b1 #ahha;c1 #ahha;d7 shall be the exclusive means by which cell site location1 global positioning system information1 web browsing history1 and ,internet search history of ,united ,states persons or persons inside the ,united ,states are collected for intelligence purposes from a person or entity located in the ,united ,states4 7e7 ,exclusive means related to ,fourth ,amendment-,protected information ,title ,i and sections #cjc1 #cjd1 #gjc1 #gjd1 and #gje of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq41 #ahbc1 #ahbd1 #ahha;b1 #ahha;c1 #ahha;d7 shall be the exclusive means by which any information1 records1 data1 or tangible things are collected for intelligence purposes from a person or entity located in the ,united ,states if the compelled production of such information1 records1 data1 or tangible things would require a warrant for law enforcement purposes4 7f7 ,united ,states person defined ,in this section1 the term ,united ,states person has the meaning given that term in section #aja7;i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja7;i774