150602-US Freedom Act

II

114TH CONGRESS 1ST SESSION S. 1123

To reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen reg-isters and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal pur-poses, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 28, 2015 Mr. LEE (for himself, Mr. LEAHY, Mr. HELLER, Mr. DURBIN, Mr. CRUZ, Mr.

FRANKEN, Ms. MURKOWSKI, Mr. BLUMENTHAL, Mr. DAINES, and Mr. SCHUMER) introduced the following bill; which was read twice and re-ferred to the Committee on the Judiciary

A BILL To reform the authorities of the Federal Government to

require the production of certain business records, con-duct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3

(a) SHORT TITLE.This Act may be cited as the 4

Uniting and Strengthening America by Fulfilling Rights 5

VerDate Sep 11 2014 21:59 May 07, 2015 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1123.IS S1123msto

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and Ensuring Effective Discipline Over Monitoring Act of 1

2015 or the USA FREEDOM Act of 2015. 2

(b) TABLE OF CONTENTS.The table of contents for 3

this Act is as follows: 4Sec. 1. Short title; table of contents. Sec. 2. Amendments to the Foreign Intelligence Surveillance Act of 1978.

TITLE IFISA BUSINESS RECORDS REFORMS

Sec. 101. Additional requirements for call detail records. Sec. 102. Emergency authority. Sec. 103. Prohibition on bulk collection of tangible things. Sec. 104. Judicial review. Sec. 105. Liability protection. Sec. 106. Compensation for assistance. Sec. 107. Definitions. Sec. 108. Inspector General reports on business records orders. Sec. 109. Effective date. Sec. 110. Rule of construction.

TITLE IIFISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

Sec. 201. Prohibition on bulk collection. Sec. 202. Privacy procedures.

TITLE IIIFISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES REFORMS

Sec. 301. Limits on use of unlawfully obtained information.

TITLE IVFOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401. Appointment of amicus curiae. Sec. 402. Declassification of decisions, orders, and opinions.

TITLE VNATIONAL SECURITY LETTER REFORM

Sec. 501. Prohibition on bulk collection. Sec. 502. Limitations on disclosure of national security letters. Sec. 503. Judicial review.

TITLE VIFISA TRANSPARENCY AND REPORTING REQUIREMENTS

Sec. 601. Additional reporting on orders requiring production of business records; business records compliance reports to Congress.

Sec. 602. Annual reports by the Government. Sec. 603. Public reporting by persons subject to FISA orders. Sec. 604. Reporting requirements for decisions, orders, and opinions of the

Foreign Intelligence Surveillance Court and the Foreign Intel-ligence Surveillance Court of Review.


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Sec. 605. Submission of reports under FISA.

TITLE VIIENHANCED NATIONAL SECURITY PROVISIONS

Sec. 701. Emergencies involving non-United States persons. Sec. 702. Preservation of treatment of non-United States persons traveling out-

side the United States as agents of foreign powers. Sec. 703. Improvement to investigations of international proliferation of weap-

ons of mass destruction. Sec. 704. Increase in penalties for material support of foreign terrorist organi-

zations. Sec. 705. Sunsets.

TITLE VIIISAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION

Subtitle ASafety of Maritime Navigation

Sec. 801. Amendment to section 2280 of title 18, United States Code. Sec. 802. New section 2280a of title 18, United States Code. Sec. 803. Amendments to section 2281 of title 18, United States Code. Sec. 804. New section 2281a of title 18, United States Code. Sec. 805. Ancillary measure.

Subtitle BPrevention of Nuclear Terrorism

Sec. 811. New section 2332i of title 18, United States Code. Sec. 812. Amendment to section 831 of title 18, United States Code.

SEC. 2. AMENDMENTS TO THE FOREIGN INTELLIGENCE 1

SURVEILLANCE ACT OF 1978. 2

Except as otherwise expressly provided, whenever in 3

this Act an amendment or repeal is expressed in terms 4

of an amendment to, or a repeal of, a section or other 5

provision, the reference shall be considered to be made to 6

a section or other provision of the Foreign Intelligence 7

Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). 8


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TITLE IFISA BUSINESS 1RECORDS REFORMS 2

SEC. 101. ADDITIONAL REQUIREMENTS FOR CALL DETAIL 3

RECORDS. 4

(a) APPLICATION.Section 501(b)(2) (50 U.S.C. 5

1861(b)(2)) is amended 6

(1) in subparagraph (A) 7

(A) in the matter preceding clause (i), by 8

striking a statement and inserting in the 9

case of an application other than an application 10

described in subparagraph (C) (including an ap-11

plication for the production of call detail 12

records other than in the manner described in 13

subparagraph (C)), a statement; and 14

(B) in clause (iii), by striking ; and and 15

inserting a semicolon; 16

(2) by redesignating subparagraphs (A) and 17

(B) as subparagraphs (B) and (D), respectively; and 18

(3) by inserting after subparagraph (B) (as so 19

redesignated) the following new subparagraph: 20

(C) in the case of an application for the 21

production on an ongoing basis of call detail 22

records created before, on, or after the date of 23

the application relating to an authorized inves-24

tigation (other than a threat assessment) con-25


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ducted in accordance with subsection (a)(2) to 1

protect against international terrorism, a state-2

ment of facts showing that 3

(i) there are reasonable grounds to 4

believe that the call detail records sought 5

to be produced based on the specific selec-6

tion term required under subparagraph (A) 7

are relevant to such investigation; and 8

(ii) there is a reasonable, articulable 9

suspicion that such specific selection term 10

is associated with a foreign power engaged 11

in international terrorism or activities in 12

preparation therefor, or an agent of a for-13

eign power engaged in international ter-14

rorism or activities in preparation therefor; 15

and. 16

(b) ORDER.Section 501(c)(2) (50 U.S.C. 17

1861(c)(2)) is amended 18

(1) in subparagraph (D), by striking ; and 19

and inserting a semicolon; 20

(2) in subparagraph (E), by striking the period 21

and inserting ; and; and 22

(3) by adding at the end the following new sub-23

paragraph: 24


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(F) in the case of an application de-1

scribed in subsection (b)(2)(C), shall 2

(i) authorize the production on a 3

daily basis of call detail records for a pe-4

riod not to exceed 180 days; 5

(ii) provide that an order for such 6

production may be extended upon applica-7

tion under subsection (b) and the judicial 8

finding under paragraph (1) of this sub-9

section; 10

(iii) provide that the Government 11

may require the prompt production of a 12

first set of call detail records using the 13

specific selection term that satisfies the 14

standard required under subsection 15

(b)(2)(C)(ii); 16

(iv) provide that the Government 17

may require the prompt production of a 18

second set of call detail records using ses-19

sion-identifying information or a telephone 20

calling card number identified by the spe-21

cific selection term used to produce call de-22

tail records under clause (iii); 23


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(v) provide that, when produced, 1

such records be in a form that will be use-2

ful to the Government; 3

(vi) direct each person the Govern-4

ment directs to produce call detail records 5

under the order to furnish the Government 6

forthwith all information, facilities, or 7

technical assistance necessary to accom-8

plish the production in such a manner as 9

will protect the secrecy of the production 10

and produce a minimum of interference 11

with the services that such person is pro-12

viding to each subject of the production; 13

and 14

(vii) direct the Government to 15

(I) adopt minimization proce-16

dures that require the prompt de-17

struction of all call detail records pro-18

duced under the order that the Gov-19

ernment determines are not foreign 20

intelligence information; and 21

(II) destroy all call detail 22

records produced under the order as 23

prescribed by such procedures.. 24


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SEC. 102. EMERGENCY AUTHORITY. 1

(a) AUTHORITY.Section 501 (50 U.S.C. 1861) is 2

amended by adding at the end the following new sub-3

section: 4

(i) EMERGENCY AUTHORITY FOR PRODUCTION OF 5

TANGIBLE THINGS. 6

(1) Notwithstanding any other provision of 7

this section, the Attorney General may require the 8

emergency production of tangible things if the Attor-9

ney General 10

(A) reasonably determines that an emer-11

gency situation requires the production of tan-12

gible things before an order authorizing such 13

production can with due diligence be obtained; 14

(B) reasonably determines that the fac-15

tual basis for the issuance of an order under 16

this section to approve such production of tan-17

gible things exists; 18

(C) informs, either personally or through 19

a designee, a judge having jurisdiction under 20

this section at the time the Attorney General 21

requires the emergency production of tangible 22

things that the decision has been made to em-23

ploy the authority under this subsection; and 24

(D) makes an application in accordance 25

with this section to a judge having jurisdiction 26


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under this section as soon as practicable, but 1

not later than 7 days after the Attorney Gen-2

eral requires the emergency production of tan-3

gible things under this subsection. 4

(2) If the Attorney General requires the emer-5

gency production of tangible things under paragraph 6

(1), the Attorney General shall require that the 7

minimization procedures required by this section for 8

the issuance of a judicial order be followed. 9

(3) In the absence of a judicial order approv-10

ing the production of tangible things under this sub-11

section, the production shall terminate when the in-12

formation sought is obtained, when the application 13

for the order is denied, or after the expiration of 7 14

days from the time the Attorney General begins re-15

quiring the emergency production of such tangible 16

things, whichever is earliest. 17

(4) A denial of the application made under 18

this subsection may be reviewed as provided in sec-19

tion 103. 20

(5) If such application for approval is denied, 21

or in any other case where the production of tangible 22

things is terminated and no order is issued approv-23

ing the production, no information obtained or evi-24

dence derived from such production shall be received 25


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in evidence or otherwise disclosed in any trial, hear-1

ing, or other proceeding in or before any court, 2

grand jury, department, office, agency, regulatory 3

body, legislative committee, or other authority of the 4

United States, a State, or a political subdivision 5

thereof, and no information concerning any United 6

States person acquired from such production shall 7

subsequently be used or disclosed in any other man-8

ner by Federal officers or employees without the 9

consent of such person, except with the approval of 10

the Attorney General if the information indicates a 11

threat of death or serious bodily harm to any per-12

son. 13

(6) The Attorney General shall assess compli-14

ance with the requirements of paragraph (5).. 15

(b) CONFORMING AMENDMENT.Section 501(d) (50 16

U.S.C. 1861(d)) is amended 17

(1) in paragraph (1) 18

(A) in the matter preceding subparagraph 19

(A), by striking pursuant to an order and in-20

serting pursuant to an order issued or an 21

emergency production required; 22

(B) in subparagraph (A), by striking such 23

order and inserting such order or such emer-24

gency production; and 25


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(C) in subparagraph (B), by striking the 1

order and inserting the order or the emer-2

gency production; and 3

(2) in paragraph (2) 4

(A) in subparagraph (A), by striking an 5

order and inserting an order or emergency 6

production; and 7

(B) in subparagraph (B), by striking an 8

order and inserting an order or emergency 9

production. 10

SEC. 103. PROHIBITION ON BULK COLLECTION OF TAN-11

GIBLE THINGS. 12

(a) APPLICATION.Section 501(b)(2) (50 U.S.C. 13

1861(b)(2)), as amended by section 101(a) of this Act, 14

is further amended by inserting before subparagraph (B), 15

as redesignated by such section 101(a) of this Act, the 16

following new subparagraph: 17

(A) a specific selection term to be used as 18

the basis for the production of the tangible 19

things sought;. 20

(b) ORDER.Section 501(c) (50 U.S.C. 1861(c)) is 21

amended 22

(1) in paragraph (2)(A), by striking the semi-23

colon and inserting , including each specific selec-24


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tion term to be used as the basis for the produc-1

tion;; and 2

(2) by adding at the end the following new 3

paragraph: 4

(3) No order issued under this subsection may 5

authorize the collection of tangible things without 6

the use of a specific selection term that meets the 7

requirements of subsection (b)(2).. 8

SEC. 104. JUDICIAL REVIEW. 9

(a) MINIMIZATION PROCEDURES. 10

(1) JUDICIAL REVIEW.Section 501(c)(1) (50 11

U.S.C. 1861(c)(1)) is amended by inserting after 12

subsections (a) and (b) the following: and that 13

the minimization procedures submitted in accord-14

ance with subsection (b)(2)(D) meet the definition of 15

minimization procedures under subsection (g). 16

(2) RULE OF CONSTRUCTION.Section 501(g) 17

(50 U.S.C. 1861(g)) is amended by adding at the 18

end the following new paragraph: 19

(3) RULE OF CONSTRUCTION.Nothing in 20

this subsection shall limit the authority of the court 21

established under section 103(a) to impose addi-22

tional, particularized minimization procedures with 23

regard to the production, retention, or dissemination 24

of nonpublicly available information concerning 25


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unconsenting United States persons, including addi-1

tional, particularized procedures related to the de-2

struction of information within a reasonable time pe-3

riod.. 4

(3) TECHNICAL AND CONFORMING AMEND-5

MENT.Section 501(g)(1) (50 U.S.C. 1861(g)(1)) is 6

amended 7

(A) by striking Not later than 180 days 8

after the date of the enactment of the USA PA-9

TRIOT Improvement and Reauthorization Act 10

of 2005, the and inserting The; and 11

(B) by inserting after adopt the fol-12

lowing: , and update as appropriate,. 13

(b) ORDERS.Section 501(f)(2) (50 U.S.C. 14

1861(f)(2)) is amended 15

(1) in subparagraph (A)(i) 16

(A) by striking that order and inserting 17

the production order or any nondisclosure 18

order imposed in connection with the produc-19

tion order; and 20

(B) by striking the second sentence; and 21

(2) in subparagraph (C) 22

(A) by striking clause (ii); and 23

(B) by redesignating clause (iii) as clause 24

(ii). 25


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SEC. 105. LIABILITY PROTECTION. 1

Section 501(e) (50 U.S.C. 1861(e)) is amended to 2

read as follows: 3

(e)(1) No cause of action shall lie in any court 4

against a person who 5

(A) produces tangible things or provides infor-6

mation, facilities, or technical assistance in accord-7

ance with an order issued or an emergency produc-8

tion required under this section; or 9

(B) otherwise provides technical assistance to 10

the Government under this section or to implement 11

the amendments made to this section by the USA 12

FREEDOM Act of 2015. 13

(2) A production or provision of information, facili-14

ties, or technical assistance described in paragraph (1) 15

shall not be deemed to constitute a waiver of any privilege 16

in any other proceeding or context.. 17

SEC. 106. COMPENSATION FOR ASSISTANCE. 18

Section 501 (50 U.S.C. 1861), as amended by section 19

102 of this Act, is further amended by adding at the end 20

the following new subsection: 21

(j) COMPENSATION.The Government shall com-22

pensate a person for reasonable expenses incurred for 23

(1) producing tangible things or providing in-24

formation, facilities, or assistance in accordance with 25

an order issued with respect to an application de-26


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scribed in subsection (b)(2)(C) or an emergency pro-1

duction under subsection (i) that, to comply with 2

subsection (i)(1)(D), requires an application de-3

scribed in subsection (b)(2)(C); or 4

(2) otherwise providing technical assistance to 5

the Government under this section or to implement 6

the amendments made to this section by the USA 7

FREEDOM Act of 2015.. 8

SEC. 107. DEFINITIONS. 9

Section 501 (50 U.S.C. 1861), as amended by section 10

106 of this Act, is further amended by adding at the end 11

the following new subsection: 12

(k) DEFINITIONS.In this section: 13

(1) IN GENERAL.The terms foreign power, 14

agent of a foreign power, international terrorism, 15

foreign intelligence information, Attorney General, 16

United States person, United States, person, and 17

State have the meanings provided those terms in 18

section 101. 19

(2) ADDRESS.The term address means a 20

physical address or electronic address, such as an 21

electronic mail address or temporarily assigned net-22

work address (including an Internet protocol ad-23

dress). 24


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(3) CALL DETAIL RECORD.The term call de-1

tail record 2

(A) means session-identifying information 3

(including an originating or terminating tele-4

phone number, an International Mobile Sub-5

scriber Identity number, or an International 6

Mobile Station Equipment Identity number), a 7

telephone calling card number, or the time or 8

duration of a call; and 9

(B) does not include 10

(i) the contents (as defined in section 11

2510(8) of title 18, United States Code) of 12

any communication; 13

(ii) the name, address, or financial 14

information of a subscriber or customer; or 15

(iii) cell site location or global posi-16

tioning system information. 17

(4) SPECIFIC SELECTION TERM. 18

(A) TANGIBLE THINGS. 19

(i) IN GENERAL.Except as pro-20

vided in subparagraph (B), a specific se-21

lection term 22

(I) is a term that specifically 23

identifies a person, account, address, 24


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or personal device, or any other spe-1

cific identifier; and 2

(II) is used to limit, to the 3

greatest extent reasonably practicable, 4

the scope of tangible things sought 5

consistent with the purpose for seek-6

ing the tangible things. 7

(ii) LIMITATION.A specific selec-8

tion term under clause (i) does not include 9

an identifier that does not limit, to the 10

greatest extent reasonably practicable, the 11

scope of tangible things sought consistent 12

with the purpose for seeking the tangible 13

things, such as an identifier that 14

(I) identifies an electronic com-15

munication service provider (as that 16

term is defined in section 701) or a 17

provider of remote computing service 18

(as that term is defined in section 19

2711 of title 18, United States Code), 20

when not used as part of a specific 21

identifier as described in clause (i), 22

unless the provider is itself a subject 23

of an authorized investigation for 24

which the specific selection term is 25


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used as the basis for the production; 1

or 2

(II) identifies a broad geo-3

graphic region, including the United 4

States, a city, a county, a State, a zip 5

code, or an area code, when not used 6

as part of a specific identifier as de-7

scribed in clause (i). 8

(iii) RULE OF CONSTRUCTION. 9

Nothing in this paragraph shall be con-10

strued to preclude the use of multiple 11

terms or identifiers to meet the require-12

ments of clause (i). 13

(B) CALL DETAIL RECORD APPLICA-14

TIONS.For purposes of an application sub-15

mitted under subsection (b)(2)(C), the term 16

specific selection term means a term that spe-17

cifically identifies an individual, account, or per-18

sonal device.. 19

SEC. 108. INSPECTOR GENERAL REPORTS ON BUSINESS 20

RECORDS ORDERS. 21

Section 106A of the USA PATRIOT Improvement 22

and Reauthorization Act of 2005 (Public Law 109177; 23

120 Stat. 200) is amended 24

(1) in subsection (b) 25


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(A) in paragraph (1), by inserting and 1

calendar years 2012 through 2014 after 2

2006; 3

(B) by striking paragraphs (2) and (3); 4

(C) by redesignating paragraphs (4) and 5

(5) as paragraphs (2) and (3), respectively; and 6

(D) in paragraph (3) (as so redesig-7

nated) 8

(i) by striking subparagraph (C) and 9

inserting the following new subparagraph: 10

(C) with respect to calendar years 2012 11

through 2014, an examination of the minimiza-12

tion procedures used in relation to orders under 13

section 501 of the Foreign Intelligence Surveil-14

lance Act of 1978 (50 U.S.C. 1861) and wheth-15

er the minimization procedures adequately pro-16

tect the constitutional rights of United States 17

persons;; and 18

(ii) in subparagraph (D), by striking 19

(as such term is defined in section 3(4) of 20

the National Security Act of 1947 (50 21

U.S.C. 401a(4))); 22

(2) in subsection (c), by adding at the end the 23

following new paragraph: 24


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(3) CALENDAR YEARS 2012 THROUGH 2014. 1

Not later than 1 year after the date of enactment 2

of the USA FREEDOM Act of 2015, the Inspector 3

General of the Department of Justice shall submit 4

to the Committee on the Judiciary and the Select 5

Committee on Intelligence of the Senate and the 6

Committee on the Judiciary and the Permanent Se-7

lect Committee on Intelligence of the House of Rep-8

resentatives a report containing the results of the 9

audit conducted under subsection (a) for calendar 10

years 2012 through 2014.; 11

(3) by redesignating subsections (d) and (e) as 12

subsections (e) and (f), respectively; 13

(4) by inserting after subsection (c) the fol-14

lowing new subsection: 15

(d) INTELLIGENCE ASSESSMENT. 16

(1) IN GENERAL.For the period beginning 17

on January 1, 2012, and ending on December 31, 18

2014, the Inspector General of the Intelligence Com-19

munity shall assess 20

(A) the importance of the information ac-21

quired under title V of the Foreign Intelligence 22

Surveillance Act of 1978 (50 U.S.C. 1861 et 23

seq.) to the activities of the intelligence commu-24

nity; 25


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(B) the manner in which that information 1

was collected, retained, analyzed, and dissemi-2

nated by the intelligence community; 3

(C) the minimization procedures used by 4

elements of the intelligence community under 5

such title and whether the minimization proce-6

dures adequately protect the constitutional 7

rights of United States persons; and 8

(D) any minimization procedures pro-9

posed by an element of the intelligence commu-10

nity under such title that were modified or de-11

nied by the court established under section 12

103(a) of such Act (50 U.S.C. 1803(a)). 13

(2) SUBMISSION DATE FOR ASSESSMENT. 14

Not later than 180 days after the date on which the 15

Inspector General of the Department of Justice sub-16

mits the report required under subsection (c)(3), the 17

Inspector General of the Intelligence Community 18

shall submit to the Committee on the Judiciary and 19

the Select Committee on Intelligence of the Senate 20

and the Committee on the Judiciary and the Perma-21

nent Select Committee on Intelligence of the House 22

of Representatives a report containing the results of 23

the assessment for calendar years 2012 through 24

2014.; 25


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(5) in subsection (e), as redesignated by para-1

graph (3) 2

(A) in paragraph (1) 3

(i) by striking a report under sub-4

section (c)(1) or (c)(2) and inserting any 5

report under subsection (c) or (d); and 6

(ii) by striking Inspector General of 7

the Department of Justice and inserting 8

Inspector General of the Department of 9

Justice, the Inspector General of the Intel-10

ligence Community, and any Inspector 11

General of an element of the intelligence 12

community that prepares a report to assist 13

the Inspector General of the Department 14

of Justice or the Inspector General of the 15

Intelligence Community in complying with 16

the requirements of this section; and 17

(B) in paragraph (2), by striking the re-18

ports submitted under subsections (c)(1) and 19

(c)(2) and inserting any report submitted 20

under subsection (c) or (d); 21

(6) in subsection (f), as redesignated by para-22

graph (3) 23

(A) by striking The reports submitted 24

under subsections (c)(1) and (c)(2) and insert-25


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ing Each report submitted under subsection 1

(c); and 2

(B) by striking subsection (d)(2) and in-3

serting subsection (e)(2); and 4

(7) by adding at the end the following new sub-5

section: 6

(g) DEFINITIONS.In this section: 7

(1) INTELLIGENCE COMMUNITY.The term 8

intelligence community has the meaning given that 9

term in section 3 of the National Security Act of 10

1947 (50 U.S.C. 3003). 11

(2) UNITED STATES PERSON.The term 12

United States person has the meaning given that 13

term in section 101 of the Foreign Intelligence Sur-14

veillance Act of 1978 (50 U.S.C. 1801).. 15

SEC. 109. EFFECTIVE DATE. 16

(a) IN GENERAL.The amendments made by sec-17

tions 101 through 103 shall take effect on the date that 18

is 180 days after the date of the enactment of this Act. 19

(b) RULE OF CONSTRUCTION.Nothing in this Act 20

shall be construed to alter or eliminate the authority of 21

the Government to obtain an order under title V of the 22

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 23

1861 et seq.) as in effect prior to the effective date de-24


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S 1123 IS

scribed in subsection (a) during the period ending on such 1

effective date. 2

SEC. 110. RULE OF CONSTRUCTION. 3

Nothing in this Act shall be construed to authorize 4

the production of the contents (as such term is defined 5

in section 2510(8) of title 18, United States Code) of any 6

electronic communication from an electronic communica-7

tion service provider (as such term is defined in section 8

701(b)(4) of the Foreign Intelligence Surveillance Act of 9

1978 (50 U.S.C. 1881(b)(4))) under title V of the Foreign 10

Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et 11

seq.). 12

TITLE IIFISA PEN REGISTER 13AND TRAP AND TRACE DE-14VICE REFORM 15

SEC. 201. PROHIBITION ON BULK COLLECTION. 16

(a) PROHIBITION.Section 402(c) (50 U.S.C. 17

1842(c)) is amended 18

(1) in paragraph (1), by striking ; and and 19

inserting a semicolon; 20

(2) in paragraph (2), by striking the period at 21

the end and inserting ; and; and 22

(3) by adding at the end the following new 23

paragraph: 24


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S 1123 IS

(3) a specific selection term to be used as the 1

basis for the use of the pen register or trap and 2

trace device.. 3

(b) DEFINITION.Section 401 (50 U.S.C. 1841) is 4

amended by adding at the end the following new para-5

graph: 6

(4)(A) The term specific selection term 7

(i) is a term that specifically identifies a 8

person, account, address, or personal device, or 9

any other specific identifier; and 10

(ii) is used to limit, to the greatest extent 11

reasonably practicable, the scope of information 12

sought, consistent with the purpose for seeking 13

the use of the pen register or trap and trace de-14

vice. 15

(B) A specific selection term under subpara-16

graph (A) does not include an identifier that does 17

not limit, to the greatest extent reasonably prac-18

ticable, the scope of information sought, consistent 19

with the purpose for seeking the use of the pen reg-20

ister or trap and trace device, such as an identifier 21

that 22

(i) identifies an electronic communication 23

service provider (as that term is defined in sec-24

tion 701) or a provider of remote computing 25


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S 1123 IS

service (as that term is defined in section 2711 1

of title 18, United States Code), when not used 2

as part of a specific identifier as described in 3

subparagraph (A), unless the provider is itself 4

a subject of an authorized investigation for 5

which the specific selection term is used as the 6

basis for the use; or 7

(ii) identifies a broad geographic region, 8

including the United States, a city, a county, a 9

State, a zip code, or an area code, when not 10

used as part of a specific identifier as described 11

in subparagraph (A). 12

(C) For purposes of subparagraph (A), the 13

term address means a physical address or elec-14

tronic address, such as an electronic mail address or 15

temporarily assigned network address (including an 16

Internet protocol address). 17

(D) Nothing in this paragraph shall be con-18

strued to preclude the use of multiple terms or iden-19

tifiers to meet the requirements of subparagraph 20

(A).. 21

SEC. 202. PRIVACY PROCEDURES. 22

(a) IN GENERAL.Section 402 (50 U.S.C. 1842) is 23

amended by adding at the end the following new sub-24

section: 25


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(h) PRIVACY PROCEDURES. 1

(1) IN GENERAL.The Attorney General shall 2

ensure that appropriate policies and procedures are 3

in place to safeguard nonpublicly available informa-4

tion concerning United States persons that is col-5

lected through the use of a pen register or trap and 6

trace device installed under this section. Such poli-7

cies and procedures shall, to the maximum extent 8

practicable and consistent with the need to protect 9

national security, include privacy protections that 10

apply to the collection, retention, and use of infor-11

mation concerning United States persons. 12

(2) RULE OF CONSTRUCTION.Nothing in 13

this subsection limits the authority of the court es-14

tablished under section 103(a) or of the Attorney 15

General to impose additional privacy or minimization 16

procedures with regard to the installation or use of 17

a pen register or trap and trace device.. 18

(b) EMERGENCY AUTHORITY.Section 403 (50 19

U.S.C. 1843) is amended by adding at the end the fol-20


(d) PRIVACY PROCEDURES.Information collected 22

through the use of a pen register or trap and trace device 23

installed under this section shall be subject to the policies 24

and procedures required under section 402(h).. 25


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S 1123 IS

TITLE IIIFISA ACQUISITIONS 1TARGETING PERSONS OUT-2SIDE THE UNITED STATES RE-3FORMS 4

SEC. 301. LIMITS ON USE OF UNLAWFULLY OBTAINED IN-5

FORMATION. 6

Section 702(i)(3) (50 U.S.C. 1881a(i)(3)) is amended 7

by adding at the end the following new subparagraph: 8

(D) LIMITATION ON USE OF INFORMA-9

TION. 10

(i) IN GENERAL.Except as pro-11

vided in clause (ii), if the Court orders a 12

correction of a deficiency in a certification 13

or procedures under subparagraph (B), no 14

information obtained or evidence derived 15

pursuant to the part of the certification or 16

procedures that has been identified by the 17

Court as deficient concerning any United 18

States person shall be received in evidence 19

or otherwise disclosed in any trial, hearing, 20

or other proceeding in or before any court, 21

grand jury, department, office, agency, 22

regulatory body, legislative committee, or 23

other authority of the United States, a 24

State, or political subdivision thereof, and 25


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S 1123 IS

no information concerning any United 1

States person acquired pursuant to such 2

part of such certification or procedures 3

shall subsequently be used or disclosed in 4

any other manner by Federal officers or 5

employees without the consent of the 6

United States person, except with the ap-7

proval of the Attorney General if the infor-8

mation indicates a threat of death or seri-9

ous bodily harm to any person. 10

(ii) EXCEPTION.If the Government 11

corrects any deficiency identified by the 12

order of the Court under subparagraph 13

(B), the Court may permit the use or dis-14

closure of information obtained before the 15

date of the correction under such mini-16

mization procedures as the Court may ap-17

prove for purposes of this clause.. 18

TITLE IVFOREIGN INTEL-19LIGENCE SURVEILLANCE 20COURT REFORMS 21

SEC. 401. APPOINTMENT OF AMICUS CURIAE. 22

Section 103 (50 U.S.C. 1803) is amended by adding 23

at the end the following new subsection: 24

(i) AMICUS CURIAE. 25


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S 1123 IS

(1) DESIGNATION.The presiding judges of 1

the courts established under subsections (a) and (b) 2

shall, not later than 180 days after the enactment 3

of this subsection, jointly designate not fewer than 4

5 individuals to be eligible to serve as amicus curiae, 5

who shall serve pursuant to rules the presiding 6

judges may establish. In designating such individ-7

uals, the presiding judges may consider individuals 8

recommended by any source, including members of 9

the Privacy and Civil Liberties Oversight Board, the 10

judges determine appropriate. 11

(2) AUTHORIZATION.A court established 12

under subsection (a) or (b), consistent with the re-13

quirement of subsection (c) and any other statutory 14

requirement that the court act expeditiously or with-15

in a stated time 16

(A) shall appoint an individual who has 17

been designated under paragraph (1) to serve 18

as amicus curiae to assist such court in the 19

consideration of any application for an order or 20

review that, in the opinion of the court, pre-21

sents a novel or significant interpretation of the 22

law, unless the court issues a finding that such 23

appointment is not appropriate; and 24


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S 1123 IS

(B) may appoint an individual or organi-1

zation to serve as amicus curiae, including to 2

provide technical expertise, in any instance as 3

such court deems appropriate or, upon motion, 4

permit an individual or organization leave to 5

file an amicus curiae brief. 6

(3) QUALIFICATIONS OF AMICUS CURIAE. 7

(A) EXPERTISE.Individuals designated 8

under paragraph (1) shall be persons who pos-9

sess expertise in privacy and civil liberties, in-10

telligence collection, communications tech-11

nology, or any other area that may lend legal 12

or technical expertise to a court established 13

under subsection (a) or (b). 14

(B) SECURITY CLEARANCE.Individuals 15

designated pursuant to paragraph (1) shall be 16

persons who are determined to be eligible for 17

access to classified information necessary to 18

participate in matters before the courts. Amicus 19

curiae appointed by the court pursuant to para-20

graph (2) shall be persons who are determined 21

to be eligible for access to classified informa-22

tion, if such access is necessary to participate 23

in the matters in which they may be appointed. 24


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S 1123 IS

(4) DUTIES.If a court established under 1

subsection (a) or (b) appoints an amicus curiae 2

under paragraph (2)(A), the amicus curiae shall pro-3

vide to the court, as appropriate 4

(A) legal arguments that advance the pro-5

tection of individual privacy and civil liberties; 6

(B) information related to intelligence 7

collection or communications technology; or 8

(C) legal arguments or information re-9

garding any other area relevant to the issue 10

presented to the court. 11

(5) ASSISTANCE.An amicus curiae appointed 12

under paragraph (2)(A) may request that the court 13

designate or appoint additional amici curiae pursu-14

ant to paragraph (1) or paragraph (2), to be avail-15

able to assist the amicus curiae. 16

(6) ACCESS TO INFORMATION. 17

(A) IN GENERAL.If a court established 18

under subsection (a) or (b) appoints an amicus 19

curiae under paragraph (2)(A), the amicus cu-20

riae 21

(i) shall have access to all relevant 22

legal precedent, and any application, cer-23

tification, petition, motion, or such other 24

materials that the court determines are rel-25


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S 1123 IS

evant to the duties of the amicus curiae; 1

and 2

(ii) may, if the court determines that 3

it is relevant to the duties of the amicus 4

curiae, consult with any other individuals 5

designated pursuant to paragraph (1) re-6

garding information relevant to any as-7

signed proceeding. 8

(B) BRIEFINGS.The Attorney General 9

may periodically brief or provide relevant mate-10

rials to amicus curiae designated pursuant to 11

paragraph (1) regarding constructions and in-12

terpretations of this Act and legal, techno-13

logical, and other issues related to actions au-14

thorized by this Act. 15

(C) CLASSIFIED INFORMATION.An ami-16

cus curiae designated or appointed by the court 17

may have access to classified documents, infor-18

mation, and other materials or proceedings only 19

if that individual is eligible for access to classi-20

fied information and to the extent consistent 21

with the national security of the United States. 22

(D) RULE OF CONSTRUCTION.Nothing 23

in this section shall be construed to require the 24

Government to provide information to an ami-25


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S 1123 IS

cus curiae appointed by the court that is privi-1

leged from disclosure. 2

(7) NOTIFICATION.A presiding judge of a 3

court established under subsection (a) or (b) shall 4

notify the Attorney General of each exercise of the 5

authority to appoint an individual to serve as amicus 6

curiae under paragraph (2). 7

(8) ASSISTANCE.A court established under 8

subsection (a) or (b) may request and receive (in-9

cluding on a nonreimbursable basis) the assistance 10

of the executive branch in the implementation of this 11

subsection. 12

(9) ADMINISTRATION.A court established 13

under subsection (a) or (b) may provide for the des-14

ignation, appointment, removal, training, or other 15

support for an individual appointed to serve as ami-16

cus curiae under paragraph (2) in a manner that is 17

not inconsistent with this subsection. 18

(10) RECEIPT OF INFORMATION.Nothing in 19

this subsection shall limit the ability of a court es-20

tablished under subsection (a) or (b) to request or 21

receive information or materials from, or otherwise 22

communicate with, the Government or amicus curiae 23

appointed under paragraph (2) on an ex parte basis, 24


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S 1123 IS

nor limit any special or heightened obligation in any 1

ex parte communication or proceeding. 2

(j) REVIEW OF FISA COURT DECISIONS.Fol-3

lowing issuance of an order under this Act, a court estab-4

lished under subsection (a) shall certify for review to the 5

court established under subsection (b) any question of law 6

that may affect resolution of the matter in controversy 7

that the court determines warrants such review because 8

of a need for uniformity or because consideration by the 9

court established under subsection (b) would serve the in-10

terests of justice. Upon certification of a question of law 11

under this subsection, the court established under sub-12

section (b) may give binding instructions or require the 13

entire record to be sent up for decision of the entire matter 14

in controversy. 15

(k) REVIEW OF FISA COURT OF REVIEW DECI-16

SIONS. 17

(1) CERTIFICATION.For purposes of section 18

1254(2) of title 28, United States Code, the court 19

of review established under subsection (b) shall be 20

considered to be a court of appeals. 21

(2) AMICUS CURIAE BRIEFING.Upon certifi-22

cation of an application under paragraph (1), the 23

Supreme Court of the United States may appoint an 24

amicus curiae designated under subsection (i)(1), or 25


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S 1123 IS

any other person, to provide briefing or other assist-1

ance.. 2

SEC. 402. DECLASSIFICATION OF DECISIONS, ORDERS, AND 3

OPINIONS. 4

(a) DECLASSIFICATION.Title VI (50 U.S.C. 1871 5

et seq.) is amended 6

(1) in the heading, by striking REPORT-7

ING REQUIREMENT and inserting OVER-8

SIGHT; and 9

(2) by adding at the end the following new sec-10

tion: 11

SEC. 602. DECLASSIFICATION OF SIGNIFICANT DECISIONS, 12

ORDERS, AND OPINIONS. 13

(a) DECLASSIFICATION REQUIRED.Subject to 14

subsection (b), the Director of National Intelligence, in 15

consultation with the Attorney General, shall conduct a 16

declassification review of each decision, order, or opinion 17

issued by the Foreign Intelligence Surveillance Court or 18

the Foreign Intelligence Surveillance Court of Review (as 19

defined in section 601(e)) that includes a significant con-20

struction or interpretation of any provision of law, includ-21

ing any novel or significant construction or interpretation 22

of the term specific selection term, and, consistent with 23

that review, make publicly available to the greatest extent 24

practicable each such decision, order, or opinion. 25


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S 1123 IS

(b) REDACTED FORM.The Director of National 1

Intelligence, in consultation with the Attorney General, 2

may satisfy the requirement under subsection (a) to make 3

a decision, order, or opinion described in such subsection 4

publicly available to the greatest extent practicable by 5

making such decision, order, or opinion publicly available 6

in redacted form. 7

(c) NATIONAL SECURITY WAIVER.The Director of 8

National Intelligence, in consultation with the Attorney 9

General, may waive the requirement to declassify and 10

make publicly available a particular decision, order, or 11

opinion under subsection (a), if 12

(1) the Director of National Intelligence, in 13

consultation with the Attorney General, determines 14

that a waiver of such requirement is necessary to 15

protect the national security of the United States or 16

properly classified intelligence sources or methods; 17

and 18

(2) the Director of National Intelligence 19

makes publicly available an unclassified statement 20

prepared by the Attorney General, in consultation 21

with the Director of National Intelligence 22

(A) summarizing the significant construc-23

tion or interpretation of any provision of law, 24

which shall include, to the extent consistent 25


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S 1123 IS

with national security, a description of the con-1

text in which the matter arises and any signifi-2

cant construction or interpretation of any stat-3

ute, constitutional provision, or other legal au-4

thority relied on by the decision; and 5

(B) that specifies that the statement has 6

been prepared by the Attorney General and 7

constitutes no part of the opinion of the For-8

eign Intelligence Surveillance Court or the For-9

eign Intelligence Surveillance Court of Re-10

view.. 11

(b) TABLE OF CONTENTS AMENDMENTS.The table 12

of contents in the first section is amended 13

(1) by striking the item relating to title VI and 14

inserting the following new item: 15TITLE VIOVERSIGHT;

and 16

(2) by inserting after the item relating to sec-17

tion 601 the following new item: 18Sec. 602. Declassification of significant decisions, orders, and opinions..

TITLE VNATIONAL SECURITY 19LETTER REFORM 20

SEC. 501. PROHIBITION ON BULK COLLECTION. 21

(a) COUNTERINTELLIGENCE ACCESS TO TELEPHONE 22

TOLL AND TRANSACTIONAL RECORDS.Section 2709(b) 23

of title 18, United States Code, is amended in the matter 24


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S 1123 IS

preceding paragraph (1) by striking may and inserting 1

may, using a term that specifically identifies a person, 2

entity, telephone number, or account as the basis for a 3

request. 4

(b) ACCESS TO FINANCIAL RECORDS FOR CERTAIN 5

INTELLIGENCE AND PROTECTIVE PURPOSES.Section 6

1114(a)(2) of the Right to Financial Privacy Act of 1978 7

(12 U.S.C. 3414(a)(2)) is amended by striking the period 8

and inserting and a term that specifically identifies a cus-9

tomer, entity, or account to be used as the basis for the 10

production and disclosure of financial records.. 11

(c) DISCLOSURES TO FBI OF CERTAIN CONSUMER 12

RECORDS FOR COUNTERINTELLIGENCE PURPOSES.Sec-13

tion 626 of the Fair Credit Reporting Act (15 U.S.C. 14

1681u) is amended 15

(1) in subsection (a), by striking that informa-16

tion, and inserting that information that includes 17

a term that specifically identifies a consumer or ac-18

count to be used as the basis for the production of 19

that information,; 20

(2) in subsection (b), by striking written re-21

quest, and inserting written request that includes 22

a term that specifically identifies a consumer or ac-23

count to be used as the basis for the production of 24

that information,; and 25


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S 1123 IS

(3) in subsection (c), by inserting , which shall 1

include a term that specifically identifies a consumer 2

or account to be used as the basis for the production 3

of the information, after issue an order ex parte. 4

(d) DISCLOSURES TO GOVERNMENTAL AGENCIES 5

FOR COUNTERTERRORISM PURPOSES OF CONSUMER RE-6

PORTS.Section 627(a) of the Fair Credit Reporting Act 7

(15 U.S.C. 1681v(a)) is amended by striking analysis. 8

and inserting analysis and that includes a term that spe-9

cifically identifies a consumer or account to be used as 10

the basis for the production of such information.. 11

SEC. 502. LIMITATIONS ON DISCLOSURE OF NATIONAL SE-12

CURITY LETTERS. 13


TOLL AND TRANSACTIONAL RECORDS.Section 2709 of 15

title 18, United States Code, is amended by striking sub-16

section (c) and inserting the following new subsection: 17

(c) PROHIBITION OF CERTAIN DISCLOSURE. 18

(1) PROHIBITION. 19

(A) IN GENERAL.If a certification is 20

issued under subparagraph (B) and notice of 21

the right to judicial review under subsection (d) 22

is provided, no wire or electronic communica-23

tion service provider that receives a request 24

under subsection (b), or officer, employee, or 25


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S 1123 IS

agent thereof, shall disclose to any person that 1

the Federal Bureau of Investigation has sought 2

or obtained access to information or records 3

under this section. 4

(B) CERTIFICATION.The requirements 5

of subparagraph (A) shall apply if the Director 6

of the Federal Bureau of Investigation, or a 7

designee of the Director whose rank shall be no 8

lower than Deputy Assistant Director at Bu-9

reau headquarters or a Special Agent in Charge 10

of a Bureau field office, certifies that the ab-11

sence of a prohibition of disclosure under this 12

subsection may result in 13

(i) a danger to the national security 14

of the United States; 15

(ii) interference with a criminal, 16

counterterrorism, or counterintelligence in-17

vestigation; 18

(iii) interference with diplomatic re-19

lations; or 20

(iv) danger to the life or physical 21

safety of any person. 22

(2) EXCEPTION. 23

(A) IN GENERAL.A wire or electronic 24

communication service provider that receives a 25


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S 1123 IS

request under subsection (b), or officer, em-1

ployee, or agent thereof, may disclose informa-2

tion otherwise subject to any applicable non-3

disclosure requirement to 4

(i) those persons to whom disclosure 5

is necessary in order to comply with the re-6

quest; 7

(ii) an attorney in order to obtain 8

legal advice or assistance regarding the re-9

quest; or 10

(iii) other persons as permitted by 11

the Director of the Federal Bureau of In-12

vestigation or the designee of the Director. 13

(B) APPLICATION.A person to whom 14

disclosure is made under subparagraph (A) 15

shall be subject to the nondisclosure require-16

ments applicable to a person to whom a request 17

is issued under subsection (b) in the same man-18

ner as the person to whom the request is 19

issued. 20

(C) NOTICE.Any recipient that dis-21

closes to a person described in subparagraph 22

(A) information otherwise subject to a non-23

disclosure requirement shall notify the person of 24

the applicable nondisclosure requirement. 25


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S 1123 IS

(D) IDENTIFICATION OF DISCLOSURE RE-1

CIPIENTS.At the request of the Director of 2

the Federal Bureau of Investigation or the des-3

ignee of the Director, any person making or in-4

tending to make a disclosure under clause (i) or 5

(iii) of subparagraph (A) shall identify to the 6

Director or such designee the person to whom 7

such disclosure will be made or to whom such 8

disclosure was made prior to the request.. 9



1114 of the Right to Financial Privacy Act of 1978 (12 12

U.S.C. 3414) is amended 13

(1) in subsection (a)(5), by striking subpara-14

graph (D); and 15

(2) by inserting after subsection (b) the fol-16



(1) PROHIBITION. 19




is provided, no financial institution that receives 23

a request under subsection (a), or officer, em-24

ployee, or agent thereof, shall disclose to any 25


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S 1123 IS

person that the Federal Bureau of Investigation 1

has sought or obtained access to information or 2

records under subsection (a). 3














vestigation; 17


lations; or 19



(2) EXCEPTION. 22

(A) IN GENERAL.A financial institution 23

that receives a request under subsection (a), or 24

officer, employee, or agent thereof, may disclose 25


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S 1123 IS

information otherwise subject to any applicable 1

nondisclosure requirement to 2



quest; 5



quest; or 8








is issued under subsection (a) in the same man-16


issued. 18




disclosure requirement shall inform the person 22

of the applicable nondisclosure requirement. 23




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S 1123 IS








(c) IDENTITY OF FINANCIAL INSTITUTIONS AND 8

CREDIT REPORTS.Section 626 of the Fair Credit Re-9

porting Act (15 U.S.C. 1681u) is amended by striking 10

subsection (d) and inserting the following new subsection: 11

(d) PROHIBITION OF CERTAIN DISCLOSURE. 12

(1) PROHIBITION. 13



the right to judicial review under subsection (e) 16

is provided, no consumer reporting agency that 17

receives a request under subsection (a) or (b) or 18

an order under subsection (c), or officer, em-19

ployee, or agent thereof, shall disclose or specify 20

in any consumer report, that the Federal Bu-21

reau of Investigation has sought or obtained ac-22

cess to information or records under subsection 23

(a), (b), or (c). 24


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S 1123 IS














vestigation; 14


lations; or 16



(2) EXCEPTION. 19

(A) IN GENERAL.A consumer reporting 20

agency that receives a request under subsection 21

(a) or (b) or an order under subsection (c), or 22

officer, employee, or agent thereof, may disclose 23

information otherwise subject to any applicable 24

nondisclosure requirement to 25


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S 1123 IS



quest; 3



quest; or 6








under subsection (a) or (b) or an order under 14

subsection (c) is issued in the same manner as 15

the person to whom the request is issued. 16











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(d) CONSUMER REPORTS.Section 627 of the Fair 6

Credit Reporting Act (15 U.S.C. 1681v) is amended by 7

striking subsection (c) and inserting the following new 8

subsection: 9


(1) PROHIBITION. 11




is provided, no consumer reporting agency that 15

receives a request under subsection (a), or offi-16

cer, employee, or agent thereof, shall disclose or 17

specify in any consumer report, that a govern-18

ment agency described in subsection (a) has 19

sought or obtained access to information or 20

records under subsection (a). 21


of subparagraph (A) shall apply if the head of 23

the government agency described in subsection 24

(a), or a designee, certifies that the absence of 25


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a prohibition of disclosure under this subsection 1

may result in 2





vestigation; 7


lations; or 9



(2) EXCEPTION. 12

(A) IN GENERAL.A consumer reporting 13

agency that receives a request under subsection 14

(a), or officer, employee, or agent thereof, may 15

disclose information otherwise subject to any 16

applicable nondisclosure requirement to 17



quest; 20



quest; or 23


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the head of the government agency de-2

scribed in subsection (a) or a designee. 3





under subsection (a) is issued in the same man-8


issued. 10







CIPIENTS.At the request of the head of the 17

government agency described in subsection (a) 18

or a designee, any person making or intending 19

to make a disclosure under clause (i) or (iii) of 20

subparagraph (A) shall identify to the head or 21

such designee the person to whom such disclo-22

sure will be made or to whom such disclosure 23

was made prior to the request.. 24


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(e) INVESTIGATIONS OF PERSONS WITH ACCESS TO 1

CLASSIFIED INFORMATION.Section 802 of the National 2

Security Act of 1947 (50 U.S.C. 3162) is amended by 3

striking subsection (b) and inserting the following new 4

subsection: 5

(b) PROHIBITION OF CERTAIN DISCLOSURE. 6

(1) PROHIBITION. 7



the right to judicial review under subsection (c) 10

is provided, no governmental or private entity 11

that receives a request under subsection (a), or 12

officer, employee, or agent thereof, shall dis-13

close to any person that an authorized inves-14

tigative agency described in subsection (a) has 15

sought or obtained access to information under 16

subsection (a). 17


of subparagraph (A) shall apply if the head of 19

an authorized investigative agency described in 20

subsection (a), or a designee, certifies that the 21

absence of a prohibition of disclosure under this 22





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vestigation; 3


lations; or 5



(2) EXCEPTION. 8

(A) IN GENERAL.A governmental or 9

private entity that receives a request under sub-10

section (a), or officer, employee, or agent there-11

of, may disclose information otherwise subject 12

to any applicable nondisclosure requirement 13

to 14



quest; 17



quest; or 20


the head of the authorized investigative 22

agency described in subsection (a) or a 23

designee. 24


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is issued under subsection (a) in the same man-5


issued. 7







CIPIENTS.At the request of the head of an 14

authorized investigative agency described in 15

subsection (a), or a designee, any person mak-16

ing or intending to make a disclosure under 17

clause (i) or (iii) of subparagraph (A) shall 18

identify to the head of the authorized investiga-19

tive agency or such designee the person to 20

whom such disclosure will be made or to whom 21

such disclosure was made prior to the request.. 22

(f) TERMINATION PROCEDURES. 23

(1) IN GENERAL.Not later than 180 days 24

after the date of enactment of this Act, the Attorney 25


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General shall adopt procedures with respect to non-1

disclosure requirements issued pursuant to section 2

2709 of title 18, United States Code, section 626 or 3

627 of the Fair Credit Reporting Act (15 U.S.C. 4

1681u and 1681v), section 1114 of the Right to Fi-5

nancial Privacy Act (12 U.S.C. 3414), or section 6

802 of the National Security Act of 1947 (50 U.S.C. 7

3162), as amended by this Act, to require 8

(A) the review at appropriate intervals of 9

such a nondisclosure requirement to assess 10

whether the facts supporting nondisclosure con-11

tinue to exist; 12

(B) the termination of such a nondisclo-13

sure requirement if the facts no longer support 14

nondisclosure; and 15

(C) appropriate notice to the recipient of 16

the national security letter, or officer, employee, 17

or agent thereof, subject to the nondisclosure 18

requirement, and the applicable court as appro-19

priate, that the nondisclosure requirement has 20

been terminated. 21

(2) REPORTING.Upon adopting the proce-22

dures required under paragraph (1), the Attorney 23

General shall submit the procedures to the Com-24

mittee on the Judiciary of the Senate and the Com-25


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mittee on the Judiciary of the House of Representa-1

tives. 2

(g) JUDICIAL REVIEW.Section 3511 of title 18, 3

United States Code, is amended by striking subsection (b) 4

and inserting the following new subsection: 5

(b) NONDISCLOSURE. 6

(1) IN GENERAL. 7

(A) NOTICE.If a recipient of a request 8

or order for a report, records, or other informa-9

tion under section 2709 of this title, section 10

626 or 627 of the Fair Credit Reporting Act 11

(15 U.S.C. 1681u and 1681v), section 1114 of 12

the Right to Financial Privacy Act of 1978 (12 13

U.S.C. 3414), or section 802 of the National 14

Security Act of 1947 (50 U.S.C. 3162), wishes 15

to have a court review a nondisclosure require-16

ment imposed in connection with the request or 17

order, the recipient may notify the Government 18

or file a petition for judicial review in any court 19

described in subsection (a). 20

(B) APPLICATION.Not later than 30 21

days after the date of receipt of a notification 22

under subparagraph (A), the Government shall 23

apply for an order prohibiting the disclosure of 24

the existence or contents of the relevant request 25


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or order. An application under this subpara-1

graph may be filed in the district court of the 2

United States for the judicial district in which 3

the recipient of the order is doing business or 4

in the district court of the United States for 5

any judicial district within which the authorized 6

investigation that is the basis for the request is 7

being conducted. The applicable nondisclosure 8

requirement shall remain in effect during the 9

pendency of proceedings relating to the require-10

ment. 11

(C) CONSIDERATION.A district court of 12

the United States that receives a petition under 13

subparagraph (A) or an application under sub-14

paragraph (B) should rule expeditiously, and 15

shall, subject to paragraph (3), issue a non-16

disclosure order that includes conditions appro-17

priate to the circumstances. 18

(2) APPLICATION CONTENTS.An application 19

for a nondisclosure order or extension thereof or a 20

response to a petition filed under paragraph (1) 21

shall include a certification from the Attorney Gen-22

eral, Deputy Attorney General, an Assistant Attor-23

ney General, or the Director of the Federal Bureau 24

of Investigation, or a designee in a position not 25


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lower than Deputy Assistant Director at Bureau 1

headquarters or a Special Agent in Charge in a Bu-2

reau field office designated by the Director, or in the 3

case of a request by a department, agency, or instru-4

mentality of the Federal Government other than the 5

Department of Justice, the head or deputy head of 6

the department, agency, or instrumentality, con-7

taining a statement of specific facts indicating that 8

the absence of a prohibition of disclosure under this 9


(A) a danger to the national security of 11

the United States; 12

(B) interference with a criminal, counter-13

terrorism, or counterintelligence investigation; 14

(C) interference with diplomatic relations; 15

or 16

(D) danger to the life or physical safety 17

of any person. 18

(3) STANDARD.A district court of the 19

United States shall issue a nondisclosure order or 20

extension thereof under this subsection if the court 21

determines that there is reason to believe that disclo-22

sure of the information subject to the nondisclosure 23

requirement during the applicable time period may 24

result in 25


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(A) a danger to the national security of 1

the United States; 2

(B) interference with a criminal, counter-3

terrorism, or counterintelligence investigation; 4

(C) interference with diplomatic relations; 5

or 6

(D) danger to the life or physical safety 7

of any person.. 8

SEC. 503. JUDICIAL REVIEW. 9


TOLL AND TRANSACTIONAL RECORDS.Section 2709 of 11

title 18, United States Code, is amended 12

(1) by redesignating subsections (d), (e), and 13

(f) as subsections (e), (f), and (g), respectively; and 14



(d) JUDICIAL REVIEW. 17

(1) IN GENERAL.A request under subsection 18

(b) or a nondisclosure requirement imposed in con-19

nection with such request under subsection (c) shall 20

be subject to judicial review under section 3511. 21

(2) NOTICE.A request under subsection (b) 22

shall include notice of the availability of judicial re-23

view described in paragraph (1).. 24


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1114 of the Right to Financial Privacy Act of 1978 (12 3

U.S.C. 3414) is amended 4

(1) by redesignating subsection (d) as sub-5

section (e); and 6



(d) JUDICIAL REVIEW. 9


(a) or a nondisclosure requirement imposed in con-11

nection with such request under subsection (c) shall 12

be subject to judicial review under section 3511 of 13

title 18, United States Code. 14

(2) NOTICE.A request under subsection (a) 15

shall include notice of the availability of judicial re-16

view described in paragraph (1).. 17

(c) IDENTITY OF FINANCIAL INSTITUTIONS AND 18


porting Act (15 U.S.C. 1681u) is amended 20

(1) by redesignating subsections (e) through 21

(m) as subsections (f) through (n), respectively; and 22

(2) by inserting after subsection (d) the fol-23


(e) JUDICIAL REVIEW. 25


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(a) or (b) or an order under subsection (c) or a non- 2

disclosure requirement imposed in connection with 3

such request under subsection (d) shall be subject to 4

judicial review under section 3511 of title 18, United 5

States Code. 6

(2) NOTICE.A request under subsection (a) 7

or (b) or an order under subsection (c) shall include 8

notice of the availability of judicial review described 9

in paragraph (1).. 10

(d) IDENTITY OF FINANCIAL INSTITUTIONS AND 11


porting Act (15 U.S.C

Documents

150602-US Freedom Act