USA Freedom Act US Code Annotated by legislative language1

Prepared by Citizens for Responsibility and Ethics in Washington October 30, 2013

Introduced in the Senate on October 29, 2013. Bill text available here: http://sensenbrenner.house.gov/uploadedfiles/usafreedomact.pdf

Overview
To help us understand the USA Freedom Act, CREW annotated current law with the changes proposed in the legislation. Wherever possible, we used the official version of the US Code, available from the House Office of Law Revision Counsel, as a base to track changes to show amendments. When that was not possible, we provided the underlying legislation that would be amended by this law. Necessarily, our efforts are fast and imperfect. It is very difficult to follow the instructions in the legislative text, and the format the legislation was released in (a PDF) makes editing efforts doubly difficult. Even so, we hope that this will be a useful guide. We have broken out our presentation of the US Code by the section of law amended (or thematically). They include: the Foreign Intelligence Surveillance Act of 1978, USA Patriot Improvement and Reauthorization Act of 2005, Financial Records, Telephone Toll and Transaction Records, PCBLOB.

Foreign Intelligence Surveillance Act of 1978

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50 USC 1803. Designation of judges Subchapter 1: Electronic Surveillance

(a) Court to hear applications and grant orders; record of denial; transmittal to court of review (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under the procedures set forth in this chapter, except that no judge designated under this subsection (except when sitting en banc under paragraph (2)) shall hear the same application for electronic surveillance under this chapter which has been denied previously by another judge designated under this subsection. If any judge so designated denies an application for an order authorizing electronic surveillance under this chapter, such judge shall provide immediately for the record a written statement of each reason of his decision and, on motion of the United States, the record shall be transmitted, under seal, to the court of review established in subsection (b) of this section. (2)(A) The court established under this subsection may, on its own initiative, or upon the request of the Government in any proceeding or a party under section 1861(f) of this title or paragraph (4) or (5) of section 1881a(h) of this title, hold a hearing or rehearing, en banc, when ordered by a majority of the judges that constitute such court upon a determination that(i) en banc consideration is necessary to secure or maintain uniformity of the court's decisions; or (ii) the proceeding involves a question of exceptional importance. (B) Any authority granted by this chapter to a judge of the court established under this subsection may be exercised by the court en banc. When exercising such authority, the court en banc shall comply with any requirements of this chapter on the exercise of such authority. (C) For purposes of this paragraph, the court en banc shall consist of all judges who constitute the court established under this subsection. (b) Court of review; record, transmittal to Supreme Court The Chief Justice shall publicly designate three judges, one of whom shall be publicly designated as the presiding judge, from the United States district courts or courts of appeals who together shall comprise a court of review which shall have jurisdiction to review the denial of any application made under this chapter. If such court determines that the application was properly denied, the court shall immediately provide for the record a written statement of each reason for its decision and, on petition of the United States for a writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision. (c) Expeditious conduct of proceedings; security measures for maintenance of records Page 2

Proceedings under this chapter shall be conducted as expeditiously as possible. The record of proceedings under this chapter, including applications made and orders granted, shall be maintained under security measures established by the Chief Justice in consultation with the Attorney General and the Director of National Intelligence. (d) Tenure Each judge designated under this section shall so serve for a maximum of seven years and shall not be eligible for redesignation, except that the judges first designated under subsection (a) of this section shall be designated for terms of from one to seven years so that one term expires each year, and that judges first designated under subsection (b) of this section shall be designated for terms of three, five, and seven years. (e) Jurisdiction and procedures for review of petitions (1) Three judges designated under subsection (a) who reside within 20 miles of the District of Columbia, or, if all of such judges are unavailable, other judges of the court established under subsection (a) as may be designated by the presiding judge of such court, shall comprise a petition review pool which shall have jurisdiction to review petitions filed pursuant to section 1861(f)(1) or 1881a(h)(4) of this title. (2) Not later than 60 days after March 9, 2006, the court established under subsection (a) shall adopt and, consistent with the protection of national security, publish procedures for the review of petitions filed pursuant to section 1861(f)(1) or 1881a(h)(4) of this title by the panel established under paragraph (1). Such procedures shall provide that review of a petition shall be conducted in camera and shall also provide for the designation of an acting presiding judge. (f) Stay of order (1) A judge of the court established under subsection (a), the court established under subsection (b) or a judge of that court, or the Supreme Court of the United States or a justice of that court, may, in accordance with the rules of their respective courts, enter a stay of an order or an order modifying an order of the court established under subsection (a) or the court established under subsection (b) entered under any subchapter of this chapter, while the court established under subsection (a) conducts a rehearing, while an appeal is pending to the court established under subsection (b), or while a petition of certiorari is pending in the Supreme Court of the United States, or during the pendency of any review by that court. (2) The authority described in paragraph (1) shall apply to an order entered under any provision of this chapter. (g)(1) A judge of the court established under subsection (a) who authored an order, opinion, or other decision may sua sponte or on motion by a party request that such order, opinion, or other decision be made publicly available. (2) Upon a request under paragraph (1), the presiding judge of the court established under subsection (a), in consultation with the other judges of such court, may direct that such order, opinion, or other decision be made publicly available. (3) Prior to making an order, opinion, or other decision of the court established under subsection (a) publicly available in accordance with this subsection, the presiding judge of such court may Page 3

direct the Executive branch to review such order, opinion, or other decision and redact such order, opinion, or other decision as necessary to ensure that properly classified information is appropriately protected. (hg) Establishment and transmittal of rules and procedures (1) The courts established pursuant to subsections (a) and (b) may establish such rules and procedures, and take such actions, as are reasonably necessary to administer their responsibilities under this chapter. (2) The rules and procedures established under paragraph (1), and any modifications of such rules and procedures, shall be recorded, and shall be transmitted to the following: (A) All of the judges on the court established pursuant to subsection (a). (B) All of the judges on the court of review established pursuant to subsection (b). (C) The Chief Justice of the United States. (D) The Committee on the Judiciary of the Senate. (E) The Select Committee on Intelligence of the Senate. (F) The Committee on the Judiciary of the House of Representatives. (G) The Permanent Select Committee on Intelligence of the House of Representatives. (3) The transmissions required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex. (ih) Compliance with orders, rules, and procedures Nothing in this chapter shall be construed to reduce or contravene the inherent authority of the court established under subsection (a) to determine or enforce compliance with an order or a rule of such court or with a procedure approved by such court. Note: the Legislation specifically states the AG cannot prevent the FISC, the petition review pool, or court of review from declassifying decisions or releasing information pursuant to law. Nor can the AG eliminate the publics ability to use FOIA or other provisions of law.

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50 USC 1807. Report to Administrative Office of the United States Court and to Congress Subchapter 1: Electronic Surveillance

(a) In April of each year, the Attorney General shall transmit to the Administrative Office of the United States Court and to Congress the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report setting forth with respect to the preceding calendar year(a1) the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter; and (2b) the total number of such orders and extensions either granted, modified, or denied; (3) the total number of individuals who were subject to electronic surveillance conducted under an order entered under this title, rounded to the nearest hundred; and (4) the total number of United States persons who were subject to electronic surveillance conducted under an order entered under this title, rounded to the nearest 100.. (b)(1) Each report required under subsection (a) shall be submitted in unclassified form. (2) not later than 7 days after a report is submitted under subsection (a), the Attorney General shall make such report publicly available.

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50 USC 1808. Report of Attorney General to Congressional committees; limitation on authority or responsibility of information gathering activities of Congressional committees; report of Congressional committees to Congress Subchapter 1: Electronic Surveillance
(a)(1) On a semiannual basis the Attorney General shall fully inform the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence, and the Committee on the Judiciary of the House of Representatives and Select Committee on Intelligence and the Committee on the Judiciary of the Senate, concerning all electronic surveillance under this subchapter. Nothing in this subchapter shall be deemed to limit the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties. (2) Each report under the first sentence of paragraph (1) shall include a description of(A) the total number of applications made for orders and extensions of orders approving electronic surveillance under this subchapter where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown; (B) each criminal case in which information acquired under this chapter has been authorized for use at trial during the period covered by such report; and (C) the total number of emergency employments of electronic surveillance under section 1805(e) of this title and the total number of subsequent orders approving or denying such electronic surveillance. (b) On or before one year after October 25, 1978, and on the same day each year for four years thereafter, the Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence shall report respectively to the House of Representatives and the Senate, concerning the implementation of this chapter. Said reports shall include but not be limited to an analysis and recommendations concerning whether this chapter should be (1) amended, (2) repealed, or (3) permitted to continue in effect without amendment.

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Office of the Special Advocate

Subchapter I: Electronic Surveillance

TITLE IXOFFICE OF THE SPECIAL ADVOCATE Adds to FISA Act of 1978. New section of law. SEC. 901. DEFINITIONS. In this title: (1) DECISION.The term decision means a decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review. (2) FOREIGN INTELLIGENCE SURVEILLANCE COURT; COURT.The terms Foreign Intelligence Surveillance Court and Court mean the court established under section 103(a) and the petition review pool established under section 103(e). (3) FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW; COURT OF REVIEW.The terms Foreign Intelligence Surveillance Court of Review and Court of Review mean the court of review established under section 103(b). (4) OFFICE.The term Office means the Office of the Special Advocate established under section 902(a). (5) SIGNIFICANT CONSTRUCTION OR INTERPRETATION OF LAW.The term significant construction or interpretation of law means a significant construction or interpretation of a provision, as that term is construed under section 601(c). (6) SPECIAL ADVOCATE.The term Special Advocate means the Special Advocate appointed under section 902(b). SEC. 902. OFFICE OF THE SPECIAL ADVOCATE. (a) ESTABLISHMENT.There is established within the judicial branch of the United States an Office of the Special Advocate. (b) SPECIAL ADVOCATE. (1) IN GENERAL.The head of the Office is the Special Advocate. (2) APPOINTMENT AND TERM. (A) APPOINTMENT.The Chief Justice of the United States shall appoint the Special Advocate from the list of candidates submitted under subparagraph (B). Page 7

(B) LIST OF CANDIDATES.The Privacyand Civil Liberties Oversight Board shall submit to the Chief Justice a list of not less than 5 qualified candidates to serve as Special Advocate. The Board shall select candidates for such list whom the Board believes will be zealous and effective advocates in defense of civil liberties and consider with respect to each potential candidate (i) the litigation and other professional experience of such candidate; (ii) the experience of such candidate in areas of law that the Special Advocate is likely to encounter in the course of the duties of the Special Advocate; and (iii) the demonstrated commitment of such candidate to civil liberties. (C) SECURITY CLEARANCE.An individual may be appointed Special Advocate without regard to whether the individual possesses a security clearance on the date of the appointment. (D) TERM AND DISMISSAL.A Special Advocate shall be appointed for a term of 3 years and may be removed only for good cause shown, including the demonstrated inability to qualify for an adequate security clearance. (E) REAPPOINTMENT.There shall be no limit to the number of consecutive terms served by a Special Advocate. The reappointment of a Special Advocate shall be made in the same manner as appointment of a Special Advocate. (F) ACTING SPECIAL ADVOCATE.If the position of Special Advocate is vacant, the Chief Justice of the United States may appoint an Acting Special Advocate from among the qualified employees of the Office. If there are no such qualified employees, the Chief Justice may appoint an Acting Special Advocate from the most recent list of candidates provided by the Privacy and Civil Liberties Oversight Board pursuant to subparagraph (B). The Acting Special Advocate shall have all of the powers of a Special Advocate and shall serve until a Special Advocate is appointed. (3) EMPLOYEES.The Special Advocate may appoint and terminate and fix the compensation of employees of the Office without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. (c) DUTIES AND AUTHORITIES OF THE SPECIAL ADVOCATE. (1) IN GENERAL.The Special Advocate (A) may consider any request for consultation by a party who has been served with an order or directive issued under this Act requiring the party to provide information, facilities, or assistance to the Federal Government; (B) may request to participate in a proceeding before the Foreign Intelligence Surveillance Court; (C) shall participate in such proceeding if such request is granted; (D) shall participate in a proceeding before the Court if appointed to participate by the Court under section 903(a); Page 8

(E) may request reconsideration of a decision of the Court under section 903(b); (F) may appeal or seek review of a decision of the Court or the Foreign Intelligence Surveillance Court of Review under section 904; and (G) shall participate in such appeal or review. (2) ACCESS TO APPLICATIONS AND DECISIONS. (A) APPLICATIONS.The Attorney General shall provide to the Special Advocate each application submitted to a judge of the Foreign Intelligence Surveillance Court under this Act at the same time as the Attorney General submits such applications. (B) DECISIONS.The Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review shall provide to the Special Advocate access to each decision of the Court and the Court of Review, respectively, issued after the date of the enactment of the USA FREEDOM Act and all documents and other material relevant to such decision in complete, unredacted form. (3) ADVOCACY.The Special Advocate shall vigorously advocate before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, as appropriate, in support of legal interpretations that protect individual privacy and civil liberties. (4) OUTSIDE COUNSEL.The Special Advocate may delegate to a competent outside counsel who has or is able to obtain an appropriate security clearance any duty or responsibility of the Special Advocate set out in subparagraph (C), (D), or (G) of paragraph (1) with respect to participation in a matter before the Court, the Court of Review, or the Supreme Court of the United States. (5) AVAILABILITY OF DOCUMENTS AND MATERIAL.The Court or the Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Special Advocate, or appropriate outside counsel if the Special Advocate has delegated duties or responsibilities to the outside counsel under paragraph (4), any documents or other material necessary to carry out the duties described in paragraph (1). (d) SECURITY CLEARANCES.The appropriate departments, agencies, and elements of the Executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Special Advocate, appropriate employees of the Office, and outside counsel to whom the Special Advocate delegates a duty or responsibility under subsection (c)(4) with the security clearances necessary to carry out the duties of the Special Advocate. SEC. 903. ADVOCACY BEFORE THE FOREIGN INTELLIGENCE SURVEILLANCE COURT. (a) APPOINTMENT TO PARTICIPATE. (1) IN GENERAL.The Foreign Intelligence Surveillance Court may appoint the Special Advocate to participate in a proceeding before the Court. Page 9

(2) STANDING.If the Special Advocate is appointed to participate in a Court proceeding pursuant to paragraph (1), the Special Advocate shall have standing as a party before the Court in that proceeding. (b) RECONSIDERATION OF A FOREIGN INTELLIGENCE SURVEILLANCE COURT DECISION. (1) AUTHORITY TO MOVE FOR RECONSIDERATION.The Special Advocate may move the Court to reconsider any decision of the Court made after the date of the enactment of the USA FREEDOM Act by petitioning the Court not later than 30 days after the date on which all documents and materials relevant to the decision are made available to theSpecial Advocate. (2) DISCRETION OF THE COURT.The Court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1). (c) AMICI CURIAE PARTICIPATION. (1) MOTION BY THE SPECIAL ADVOCATE. The Special Advocate may file a motion with the Court to permit and facilitate participation of amici curiae, including participation in oral argument if appropriate, in any proceeding. The Court shall have the discretion to grant or deny such a motion. (2) FACILITATION BY THE FOREIGN INTELLIGENCE SURVEILLANCE COURT.The Court may, sua sponte, permit and facilitate participation by amici curiae, including participation in oral argument if appropriate, in proceedings before the Court. (3) REGULATIONS.Not later than 180 days after the date of the enactment of USA FREEDOM Act, the Court shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae.

SEC. 904. APPELLATE REVIEW. (a) APPEAL OF FOREIGN INTELLIGENCE SURVEILLANCE COURT DECISIONS. (1) AUTHORITY TO APPEAL.The Special Advocate may appeal any decision of the Foreign Intelligence Surveillance Court issued after the date of the enactment of the USA FREEDOM Act not later than 90 days after the date on which the decision is issued. (2) STANDING AS APPELLANT.If the Special Advocate appeals a decision of the Court pursuant to paragraph (1), the Special Advocate shall have standing as a party before the Foreign Intelligence Surveillance Court of Review in such appeal. (3) MANDATORY REVIEW.The Court of Review shall review any Foreign Intelligence Surveillance Court decision appealed by the Special Advocate and issue a decision in such appeal, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent. (4) STANDARD OF REVIEW.The standard for a mandatory review of a Foreign Intelligence Surveillance Court decision pursuant to paragraph (3) shall be Page 10

(A) de novo with respect to issues of law; and (B) clearly erroneous with respect to determination of facts. (5) AMICI CURIAE PARTICIPATION. (A) IN GENERAL.The Court of Review shall accept amici curiae briefs from interested parties in all mandatory reviews pursuant to paragraph (3) and shall provide for amici curiae participation in oral argument if appropriate. (B) REGULATIONS.Not later than 180 days after the date of the enactment of the USA FREEDOM Act, the Court of Review shall promulgate regulations to provide the pubic with information sufficient to allow interested parties to participate as amici curiae. (b) REVIEW OF FOREIGN INTELLIGENCE SURVEILLANCE COURT OF REVIEW DECISIONS. (1) AUTHORITY.The Special Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the Foreign Intelligence Surveillance Court of Review. (2) STANDING.In any proceedings before the Supreme Court of the United States relating to a petition of certiorari filed under paragraph (1) and any proceedings in a matter for which ertiorari is granted, the Special Advocate shall have standing as a party. SEC. 905. DISCLOSURE. (a) REQUIREMENT TO DISCLOSE.The Attorney General shall publicly disclose (1) all decisions issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review after July 10, 2003, that include a significant construction or interpretation of law; (2) any decision of the Court appealed by the Special Advocate pursuant to this title; and (3) any Court of Review decision that is issuedafter an appeal by the Special Advocate. (b) DISCLOSURE DESCRIBED.For each disclosure required by subsection (a) with respect to a decision, the Attorney General shall make available to the public documents sufficient (1) to identify with particularity each legal question addressed by the decision and how such question was resolved; (2) to describe in general terms the context in which the matter arises; (3) to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and (4) to indicate whether the decision departed from any prior decision of the Court or Court of Review. (c) DOCUMENTS DESCRIBED.The Attorney General shall satisfy the disclosure requirements in subsection(b) by (1) releasing a Court or Court of Review decision in its entirety or as redacted; (2) releasing a summary of a Court or Court of Review decision; or Page 11

(3) releasing an application made to the Court, briefs filed before the Court or the Court of Review, or other materials, in full or as redacted. (d) EXTENSIVE DISCLOSURE.The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in subsection (a) or documents described in subsection (c) as is consistent with legitimate national security concerns. (e) TIMING OF DISCLOSURE. (1) DECISIONS ISSUED PRIOR TO ENACTMENT.The Attorney General shall disclose a decision issued prior to the date of the enactment of the USA FREEDOM Act that is required to be disclosed under subsection (a)(1) not later than 180 days after the date of the enactment of such Act. (2) FISA COURT DECISIONS.The Attorney General shall release Court decisions appealed by the Special Advocate not later than 30 days after the date on which the appeal is filed. (3) FISA COURT OF REVIEW DECISIONS.The Attorney General shall release Court of Review decisions for which the Special Advocate seeks a writ of certiorari not later than 90 days after the date on which the petition is filed. (f) PETITION BY THE SPECIAL ADVOCATE. (1) AUTHORITY TO PETITION.The Special Advocate may petition the Court or the Court of Review to order (A) the public disclosure of a decision of the Court or Court of Review, and documents or other material relevant to such a decision, previously designated as classified information; or (B) the release of an unclassified summary of such decisions and documents. (2) CONTENTS OF PETITION.Each petition filed under paragraph (1) shall contain a detailed declassification proposal or a summary of the decision and documents that the Special Advocate proposes to have released publicly. (3) ROLE OF THE ATTORNEY GENERAL. (A) COPY OF PETITION.The Special Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1). (B) OPPOSITION.The Attorney General may oppose a petition filed under paragraph (1) by submitting any objections in writing to the Court or the Court of Review, as appropriate, not later than 90 days after the date such petition was submitted. (4) PUBLIC AVAILABILITY.Not less than 91 days after receiving a petition under paragraph (1), and taking into account any objections from the Attorney General made under paragraph (3)(B), the Court or the Court of Review, as appropriate, shall declassify and make readily available to the public any decision, document, or other material requested in such petition, to the greatest extent possible, consistent with legitimate national security considerations.

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(5) EFFECTIVE DATE.The Special Advocate may not file a petition under paragraph (1) until 181 days after the date of the enactment of the USA FREEDOM Act, except with respect to a decision appealed by the Special Advocate. SEC. 906. ANNUAL REPORT TO CONGRESS. (a) REQUIREMENT FOR ANNUAL REPORT.The Special Advocate shall submit to Congress an annual report on the implementation of this title. (b) CONTENTS.Each annual report submitted under subsection (a) shall (1) detail the activities of the Office of the Special Advocate; (2) provide an assessment of the effectiveness of this title; and (3) propose any new legislation to improve the functioning of the Office or the operation of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that the Special Advocate considers appropriate.

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50 USC 1826. Congressional oversight Subchapter II: Physical Searches

On a semiannual basis the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the SenatePermanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary in the Senate, concerning all physical searches conducted pursuant to this subchapter. On a semiannual basis the Attorney General shall also provide to those committees and the Committee on the Judiciary of the House of Representatives a report setting forth with respect to the preceding six-month period(1) the total number of applications made for orders approving physical searches under this subchapter; (2) the total number of such orders either granted, modified, or denied; (3) the number of physical searches which involved searches of the residences, offices, or personal property of United States persons, and the number of occasions, if any, where the Attorney General provided notice pursuant to section 1825(b) of this title; and (4) the total number of emergency physical searches authorized by the Attorney General under section 1824(e) of this title and the total number of subsequent orders approving or denying such physical searches.

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50 USC 1841. Definitions Subchapter III: Pen Registers and Trap and Trace Devices for Foreign Intelligence Purposes
As used in this subchapter: (1) The terms foreign power, agent of a foreign power, international terrorism, foreign intelligence information, Attorney General, United States person, United States, person, and State shall have the same meanings as in section 1801 of this title. (2) The terms pen register and trap and trace device have the meanings given such terms in section 3127 of title 18. (3) The term aggrieved person means any person(A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this subchapter; or (B) whose communication instrument or device was subject to the use of a pen register or trap and trace device authorized by this subchapter to capture incoming electronic or other communications impulses. (4) The term minimization procedures means (A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such persons consent, unless such persons identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes.

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50 USC 1842. Pen registers and trap and trace devices for foreign intelligence and international terrorism investigations Subchapter III: Pen Registers and Trap and Trace Devices for Foreign Intelligence Purposes
(a) Application for authorization or approval (1) Notwithstanding any other provision of law, the Attorney General or a designated attorney for the Government may make an application for an order or an extension of an order authorizing or approving the installation and use of a pen register or trap and trace device for any investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution which is being conducted by the Federal Bureau of Investigation under such guidelines as the Attorney General approves pursuant to Executive Order No. 12333, or a successor order. (2) The authority under paragraph (1) is in addition to the authority under subchapter I of this chapter to conduct the electronic surveillance referred to in that paragraph. (b) Form of application; recipient Each application under this section shall be in writing under oath or affirmation to(1) a judge of the court established by section 1803(a) of this title; or (2) a United States Magistrate Judge under chapter 43 of title 28 who is publicly designated by the Chief Justice of the United States to have the power to hear applications for and grant orders approving the installation and use of a pen register or trap and trace device on behalf of a judge of that court. (c) Executive approval; contents of application Each application under this section shall require the approval of the Attorney General, or a designated attorney for the Government, and shall include(1) the identity of the Federal officer seeking to use the pen register or trap and trace device covered by the application; and (2) a certification by the applicant that the information likely to be obtained is foreign intelligence information not concerning a United States person or is relevant to an ongoing investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis Page 16

of activities protected by the first amendment to the Constitution.a statement of facts showing that there are reasonable grounds to believe that the information sought -(A) is relevant and material to an authorized investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities (other than a threat assessment), provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the First Amendment to the Constitution of the United States; and (B) pertain to (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power; and (3) a statement of proposed minimization procedures. (d) Ex parte judicial order of approval (1) Upon an application made pursuant to this section, the judge shall enter an ex parte order as requested, or as modified, approving the installation and use of a pen register or trap and trace device if the judge finds that the application satisfies the requirements of this section and that the proposed minimization procedures meet the definition of minimization procedures under this title. (2) An order issued under this section(A) shall specify(i) the identity, if known, of the person who is the subject of the investigation; (ii) the identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and (iii) the attributes of the communications to which the order applies, such as the number or other identifier, and, if known, the location of the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied and, in the case of a trap and trace device, the geographic limits of the trap and trace order; (B) shall direct that(i) upon request of the applicant, the provider of a wire or electronic communication service, landlord, custodian, or other person shall furnish any information, facilities, or technical assistance necessary to accomplish the installation and operation of the pen register or trap and trace device in such a manner as will protect its secrecy and produce a minimum amount of Page 17

interference with the services that such provider, landlord, custodian, or other person is providing the person concerned; (ii) such provider, landlord, custodian, or other person(I) shall not disclose the existence of the investigation or of the pen register or trap and trace device to any person unless or until ordered by the court; and (II) shall maintain, under security procedures approved by the Attorney General and the Director of National Intelligence pursuant to section 1805(b)(2)(C) 1 of this title, any records concerning the pen register or trap and trace device or the aid furnished; and (iii) the applicant shall compensate such provider, landlord, custodian, or other person for reasonable expenses incurred by such provider, landlord, custodian, or other person in providing such information, facilities, or technical assistance; and (iv) the minimization procedures be followed; and (C) shall direct that, upon the request of the applicant, the provider of a wire or electronic communication service shall disclose to the Federal officer using the pen register or trap and trace device covered by the order(i) in the case of the customer or subscriber using the service covered by the order (for the period specified by the order)(I) the name of the customer or subscriber; (II) the address of the customer or subscriber; (III) the telephone or instrument number, or other subscriber number or identifier, of the customer or subscriber, including any temporarily assigned network address or associated routing or transmission information; (IV) the length of the provision of service by such provider to the customer or subscriber and the types of services utilized by the customer or subscriber; (V) in the case of a provider of local or long distance telephone service, any local or long distance telephone records of the customer or subscriber; (VI) if applicable, any records reflecting period of usage (or sessions) by the customer or subscriber; and (VII) any mechanisms and sources of payment for such service, including the number of any credit card or bank account utilized for payment for such service; and

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(ii) if available, with respect to any customer or subscriber of incoming or outgoing communications to or from the service covered by the order(I) the name of such customer or subscriber; (II) the address of such customer or subscriber; (III) the telephone or instrument number, or other subscriber number or identifier, of such customer or subscriber, including any temporarily assigned network address or associated routing or transmission information; and (IV) the length of the provision of service by such provider to such customer or subscriber and the types of services utilized by such customer or subscriber. (e) Time limitation (1) Except as provided in paragraph (2), an order issued under this section shall authorize the installation and use of a pen register or trap and trace device for a period not to exceed 90 days. Extensions of such an order may be granted, but only upon an application for an order under this section and upon the judicial finding required by subsection (d) of this section. The period of extension shall be for a period not to exceed 90 days. (2) In the case of an application under subsection (c) where the applicant has certified that the information likely to be obtained is foreign intelligence information not concerning a United States person, an order, or an extension of an order, under this section may be for a period not to exceed one year. (f) Cause of action barred No cause of action shall lie in any court against any provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or other specified person thereof) that furnishes any information, facilities, or technical assistance under subsection (d) of this section in accordance with the terms of an order issued under this section. (g) Furnishing of results Unless otherwise ordered by the judge, the results of a pen register or trap and trace device shall be furnished at reasonable intervals during regular business hours for the duration of the order to the authorized Government official or officials. (h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with te minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.

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50 USC 1843. Authorization during emergencies Subchapter III: Pen Registers and Trap and Trace Devices for Foreign Intelligence Purposes
(a) Requirements for authorization Notwithstanding any other provision of this subchapter, when the Attorney General makes a determination described in subsection (b) of this section, the Attorney General may authorize the installation and use of a pen register or trap and trace device on an emergency basis to gather foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution if(1) a judge referred to in section 1842(b) of this title is informed by the Attorney General or his designee at the time of such authorization that the decision has been made to install and use the pen register or trap and trace device, as the case may be, on an emergency basis; and (2) an application in accordance with section 1842 of this title is made to such judge as soon as practicable, but not more than 7 days, after the Attorney General authorizes the installation and use of the pen register or trap and trace device, as the case may be, under this section. (b) Determination of emergency and factual basis A determination under this subsection is a reasonable determination by the Attorney General that(1) an emergency requires the installation and use of a pen register or trap and trace device to obtain foreign intelligence information not concerning a United States person or information to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution before an order authorizing the installation and use of the pen register or trap and trace device, as the case may be, can with due diligence be obtained under section 1842 of this title; and (2) the factual basis for issuance of an order under such section 1842 of this title to approve the installation and use of the pen register or trap and trace device, as the case may be, exists. (c) If the Attorney General authorizes the emergency installation and use of a pen register or trap and trace device under this section, the Attorney General shall require that minimization procedures required by this title for the issuance of a judicial order be followed. (dc) Effect of absence of order Page 20

(1) In the absence of an order applied for under subsection (a)(2) of this section approving the installation and use of a pen register or trap and trace device authorized under this section, the installation and use of the pen register or trap and trace device, as the case may be, shall terminate at the earlier of(A) when the information sought is obtained; (B) when the application for the order is denied under section 1842 of this title; or (C) 7 days after the time of the authorization by the Attorney General. (2) In the event that an application for an order applied for under subsection (a)(2) of this section is denied, or in any other case where the installation and use of a pen register or trap and trace device under this section is terminated and no order under section 1842 of this title is issued approving the installation and use of the pen register or trap and trace device, as the case may be, no information obtained or evidence derived from the use of the pen register or trap and trace device, as the case may be, shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the use of the pen register or trap and trace device, as the case may be, shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

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50 USC 1845. Use of information Subchapter III: Pen Registers and Trap and Trace Devices for Foreign Intelligence Purposes
(a) In general (1) Information acquired from the use of a pen register or trap and trace device installed pursuant to this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this section and the minimization procedures requird under the order approving such pen register or trap and trace device. (2) No information acquired from a pen register or trap and trace device installed and used pursuant to this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes. (b) Disclosure for law enforcement purposes No information acquired pursuant to this subchapter shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General. (c) Notification of intended disclosure by United States Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from the use of a pen register or trap and trace device pursuant to this subchapter, the United States shall, before the trial, hearing, or the other proceeding or at a reasonable time before an effort to so disclose or so use that information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information. (d) Notification of intended disclosure by State or political subdivision Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any information obtained or derived from the use of a pen register or trap and trace device pursuant to this subchapter, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information. (e) Motion to suppress

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(1) Any aggrieved person against whom evidence obtained or derived from the use of a pen register or trap and trace device is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the use of the pen register or trap and trace device, as the case may be, on the grounds that(A) the information was unlawfully acquired; or (B) the use of the pen register or trap and trace device, as the case may be, was not made in conformity with an order of authorization or approval under this subchapter. (2) A motion under paragraph (1) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion. (f) In camera and ex parte review (1) Whenever a court or other authority is notified pursuant to subsection (c) or (d) of this section, whenever a motion is made pursuant to subsection (e) of this section, or whenever any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to discover or obtain applications or orders or other materials relating to the use of a pen register or trap and trace device authorized by this subchapter or to discover, obtain, or suppress evidence or information obtained or derived from the use of a pen register or trap and trace device authorized by this subchapter, the United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, notwithstanding any other provision of law and if the Attorney General files an affidavit under oath that disclosure or any adversary hearing would harm the national security of the United States, review in camera and ex parte the application, order, and such other materials relating to the use of the pen register or trap and trace device, as the case may be, as may be necessary to determine whether the use of the pen register or trap and trace device, as the case may be, was lawfully authorized and conducted. (2) In making a determination under paragraph (1), the court may disclose to the aggrieved person, under appropriate security procedures and protective orders, portions of the application, order, or other materials relating to the use of the pen register or trap and trace device, as the case may be, or may require the Attorney General to provide to the aggrieved person a summary of such materials, only where such disclosure is necessary to make an accurate determination of the legality of the use of the pen register or trap and trace device, as the case may be. (g) Effect of determination of lawfulness (1) If the United States district court determines pursuant to subsection (f) of this section that the use of a pen register or trap and trace device was not lawfully authorized or conducted, the court may, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the use of the pen register or trap and trace device, as the case may be, or otherwise grant the motion of the aggrieved person. Page 23

(2) If the court determines that the use of the pen register or trap and trace device, as the case may be, was lawfully authorized or conducted, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure. (h) Binding final orders Orders granting motions or requests under subsection (g) of this section, decisions under this section that the use of a pen register or trap and trace device was not lawfully authorized or conducted, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other materials relating to the installation and use of a pen register or trap and trace device shall be final orders and binding upon all courts of the United States and the several States except a United States Court of Appeals or the Supreme Court. NON-US Code Changes An order entered under 402(d)(1) of FISA 1978 remains in effect until the order expires. The DOJ IG is required to perform an audit on the use of pen registers and tap and trace devices and report back by December 31, 2014. The Intelligence Community IG, for 2010-2013, must assess information importance and gathering techniques of IC. See bill for full text

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50 USC 1846. Congressional oversight Subchapter III: Pen Registers and Trap and Trace Devices for Foreign Intelligence Purposes
(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all uses of pen registers and trap and trace devices pursuant to this subchapter. (b) On a semiannual basis, the Attorney General shall also provide to the committees referred to in subsection (a) of this section and to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period(1) the total number of applications made for orders approving the use of pen registers or trap and trace devices under this subchapter; (2) the total number of such orders either granted, modified, or denied; and (3) the total number of pen registers and trap and trace devices whose installation and use was authorized by the Attorney General on an emergency basis under section 1843 of this title, and the total number of subsequent orders approving or denying the installation and use of such pen registers and trap and trace devices;. (4) each department or agency on behalf of which the Government has made application for orders approving the use of pen registers or trap and trace devices under this title; (5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3); (6) a good faith estimate of the total number of individuals who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title, rounded to the nearest 100; (7) a good faith estimate of the total number of United States persons who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title, rounded to the nearest 100; and (8) a good faith estimate of the total number of United States persons who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title and whose information acquired by such pen register or trap and trace device was subsequently reviewed or accessed by a Federal officer, employee, or agent, rounded to the nearest 100. Page 25

(c)(1) Each report required under subsection (b) shall be submitted in unclassified form (2) Not later than 7 days after a report is submitted under subsection (b), the Attorney General shall make such report publicly available.

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50 USC 1861. Access to certain business records for foreign intelligence and international terrorism investigations Subchapter IV: Access to Certain Business Record for Foreign Intelligence Purposes
(a) Application for order; conduct of investigation generally (1) Subject to paragraph (3), the Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution. (2) An investigation conducted under this section shall(A) be conducted under guidelines approved by the Attorney General under Executive Order 12333 (or a successor order); and (B) not be conducted of a United States person solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

(3) In the case of an application for an order requiring the production of library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person, the Director of the Federal Bureau of Investigation may delegate the authority to make such application to either the Deputy Director of the Federal Bureau of Investigation or the Executive Assistant Director for National Security (or any successor position). The Deputy Director or the Executive Assistant Director may not further delegate such authority. (b) Recipient and contents of application Each application under this section(1) shall be made to(A) a judge of the court established by section 1803(a) of this title; or

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(B) a United States Magistrate Judge under chapter 43 of title 28, 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 that court; and

(2) shall include(A) a statement of facts showing that there are reasonable grounds to believe that the tangible things sought (i) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to (I) obtain foreign intelligence information not concerning a United States person; or (II) to protect against international terrorism or clandestine intelligence activities; and , such things being presumptively relevant to an authorized investigation if the applicant shows in the statement of the facts that they pertain to(ii) pertain to (I) a foreign power or an agent of a foreign power; (iiII) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iiiIII) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation; and

(B) a statement of proposed an enumeration of the minimization procedures adopted by the Attorney General under subsection (g) that are applicable to the retention and dissemination by the Federal Bureau of Investigation of any tangible things to be made available to the Federal Bureau of Investigation based on the order requested in such application.; and (3) if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include (A) the time period during which the Government believes the nondisclosure requirement should apply; (B) 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 (i) endangering the life or physical safety of any person; Page 28

(ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; (vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States; and

(C) an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (B). (c) Ex parte judicial order of approval (1) Upon an application made pursuant to this section, if the judge finds that the application meets the requirements of subsections (a) and paragraphs (1) and (2) of subsection (b) and that the proposed minimization procedures meet the definition of minimization procedures under subsection (g), the judge shall enter an ex parte order as requested, or as modified, approving the release of tangible things. Such order shall direct that minimization procedures adopted pursuant to subsection (g) be followed.If the judge finds that the requirements of subsection (b)(3) have been met, such order shall include a nondisclosure requirement, which may apply for not longer than 1 year, unless the facts justify a longer period of non-disclosure, subject to the principles and procedures described in subsection (d). (2) An order under this subsection(A) shall describe the tangible things that are ordered to be produced with sufficient particularity to permit them to be fairly identified; (B) shall include the date on which the tangible things must be provided, which shall allow a reasonable period of time within which the tangible things can be assembled and made available; (C) shall provide clear and conspicuous notice of the principles and procedures described in subsection (d), if appliable; (D) may only require the production of a tangible thing if such thing can be obtained with a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation or with any other order issued by a court of the United States directing the production of records or tangible things; and (E) shall not disclose that such order is issued for purposes of an investigation described in subsection (a); and (F) .shall direct that the minimization procedures be followed. Page 29

(d) Nondisclosure (1) In General -- No person who receives an order under subsection (c) that contains a nondisclosure requirement shall disclose to any person the particular information specified in the non-disclosure requirement during this time period to which the requirement applies. shall disclose to any other person that the Federal Bureau of Investigation has sought or obtained tangible things pursuant to an order under this section, other than to(2) Exception. (A) In General. A person who receives an order entered under subsection (c) that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to-(iA) those persons to whom disclosure is necessary to comply with such order; (iiB) an attorney to obtain legal advice or assistance with respect to the production of things in response to the orderregarding the order; or (iiiC) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.

(2)(BA)Application -- A person to whom disclosure is made pursuant to under subparagraph (A1) 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 such personthe person to whom the order is directed. (CB) Notice. -- Any person who discloses to a person described in subparagraph (A), (B), or (C) of paragraph (1) that the Federal Bureau of Investigation has sought or obtained tangible things pursuant to an order under this section shall notify such person of the nondisclosure requirements of this subsection.information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. (DC) Identification of Disclosure Recipients. -- At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) or (C) of paragraph (1) 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 request. (3) Extension. The Director of the Federal Bureau of Investigation, or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge), 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 1 year, unless the facts justify a longer period of nondisclosure. A Page 30

nondisclosure requirement shall be renewed if a court having jurisdiction under paragraph (4) determines that the application meets the requirements of subsection (b)(3).

(4) Jurisdiction. An application for a renewal under this subsection shall be made to (A) a judge of the court established under section 103(a); or (B) a United States Magistrate Judge under chapter 43 of title 28, United States Code, 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 103(a).

(e) Liability for good faith disclosure; waiver A person who, in good faith, produces tangible things under an order pursuant to this section shall not be liable to any other person for such production. Such production shall not be deemed to constitute a waiver of any privilege in any other proceeding or context. (f) Judicial review of FISA orders (1) In this subsection(A) the term production order means an order to produce any tangible thing under this section; and (B) the term nondisclosure order means an order imposed under subsection (d)a nondisclosure requirement imposed in connection with a production order.

(2)(A)(i) A person receiving a production order may challenge the legality of that ordersuch production order or any nondisclosure order imposed in connection with such production order by filing a petition with the pool established by section 1803(e)(1) of this title. Not less than 1 year after the date of the issuance of the production order, the recipient of a production order may challenge the nondisclosure order imposed in connection with such production order by filing a petition to modify or set aside such nondisclosure order, consistent with the requirements of subparagraph (C), with the pool established by section 1803(e)(1) of this title. (ii) The presiding judge shall immediately assign a petition under clause (i) to 1 of the judges serving in the pool established by section 1803(e)(1) of this title. Not later than 72 hours after the assignment of such petition, the assigned judge shall conduct an initial review of the petition. If the assigned judge determines that the petition is frivolous, the assigned judge shall immediately Page 31

deny the petition and affirm the production order or nondisclosure order. If the assigned judge determines the petition is not frivolous, the assigned judge shall promptly consider the petition in accordance with the procedures established under section 1803(e)(2) of this title. (iii) The assigned judge shall promptly provide a written statement for the record of the reasons for any determination under this subsection. Upon the request of the Government, any order setting aside a nondisclosure order shall be stayed pending review pursuant to paragraph (3). (B) A judge considering a petition to modify or set aside a production order may grant such petition only if the judge finds that such order does not meet the requirements of this section or is otherwise unlawful. If the judge does not modify or set aside the production order, the judge shall immediately affirm such order, and order the recipient to comply therewith. (C)(i) A judge considering a petition to modify or set aside a nondisclosure order may shall grant such petition unless the court determines that (i) only if the judge finds that there is no reason to believe that disclosure of the information subject to the nondisclosure requirement during the time period in which such requirement is in effect will result in (I) endanger the life or physical safety of any person; (II) flight from investigation or prosecution; (III) destruction or tampering with evidence; (IV) intimidation of potential witnesses; (V) interference with diplomatic relations; (VI) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the Target; or (VII) otherwise seriously endangering may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person.; and (ii) the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause (i). (ii) If, upon filing of such a petition, the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation certifies that disclosure may endanger the national security of the United States or interfere with diplomatic relations, such certification shall be treated as conclusive, unless the judge finds that the certification was made in bad faith.

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(iii) If the judge denies a petition to modify or set aside a nondisclosure order, the recipient of such order shall be precluded for a period of 1 year from filing another such petition with respect to such nondisclosure order. (D) Any production or nondisclosure order not explicitly modified or set aside consistent with this subsection shall remain in full effect. (3) A petition for review of a decision under paragraph (2) to affirm, modify, or set aside an order by the Government or any person receiving such order shall be made to the court of review established under section 1803(b) of this title, which shall have jurisdiction to consider such petitions. The court of review shall provide for the record a written statement of the reasons for its decision and, on petition by the Government or any person receiving such order for writ of certiorari, the record shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. (4) Judicial proceedings under this subsection shall be concluded as expeditiously as possible. The record of proceedings, including petitions filed, orders granted, and statements of reasons for decision, shall be maintained under security measures established by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence. (5) All petitions under this subsection shall be filed under seal. In any proceedings under this subsection, the court shall, upon request of the Government, review ex parte and in camera any Government submission, or portions thereof, which may include classified information. (E) If a judge denies a petition to modify or set aside a nondisclosure order under this paragraph, no person may file another petition to modify or set aside such nondisclosure order until the date that is one year after the date on which such judge issues the denial of such petition. (g) Minimization procedures (1) In general At or before the end of the period of time for the production of Not later than 180 days after March 9, 2006, the Attorney General shall adopt specific minimization procedures governing the retention and dissemination by the Federal Bureau of Investigation of any tangible things under, or information therein, received by the Federal Bureau of Investigation in response to an order entered under this subchaptersection, a judge may assess compliance with minimization procedures required by such order by reviewing the circumstances under which information concerning United States persons was acquired, retained, or disseminated.. (2) Defined In this section, the term minimization procedures means-

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(A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the production of tangible things, to minimize the acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; (B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 1801(e)(1) of this title, shall not be disseminated in a manner that identifies any United States person, without such person's consent, unless such person's identity is necessary to understand foreign intelligence information or assess its importance; and (C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. (h) Use of information Information acquired from tangible things received by the Federal Bureau of Investigation in response to an order under this subchapter concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures adopted pursuant to subsection (g). No otherwise privileged information acquired from tangible things received by the Federal Bureau of Investigation in accordance with the provisions of this subchapter shall lose its privileged character. No information acquired from tangible things received by the Federal Bureau of Investigation in response to an order under this subchapter may be used or disclosed by Federal officers or employees except for lawful purposes.

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Insert between 50 USC 1861 and 50 USC 1862 Subchapter IV: Access to Certain Business Record for Foreign Intelligence Purposes

SEC. 502. EMERGENCY AUTHORITY FOR ACCESS TO CALL DETAIL RECORDS.

(a) IN GENERAL.Notwithstanding any other provision of this title, the Attorney General may require the production of call detail records by the provider of a wire or electronic communication service on an emergency basis if (1) such records (A) are relevant and material to an authorized investigation (other than a threat assessment) conducted in accordance with section 501(a)(2) to (i) obtain foreign intelligence information not concerning a United States person; or (ii) protect against international terrorism or clandestine intelligence activities; and (B) pertain to (i) a foreign power or an agent of a foreign power; (ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (iii) an individual in contact with, or known to, a suspected agent of a foreign power; and (2) the Attorney General reasonably determines that (A) an emergency requires the production of such records before an order requiring such production can with due diligence be obtained under section 501; and (B) the factual basis for issuance of an order under section 501 to require the production of such records exists; (3) a judge referred to in section 501(b)(1) is informed by the Attorney General or a designee of the Attorney General at the time of the required production of such records that the decision has been made to require such production on an emergency basis; and (4) an application in accordance with section501 is made to such judge as soon as practicable, but not more than 7 days after the date on which the Attorney General requires the production of such records under this section. (b) TERMINATION OF AUTHORITY. (1) TERMINATION.In the absence of an order under section 501 approving the production of call detail records under subsection (a), the authority to require the production of such records shall terminate at the earlier of Page 35

(A) when the information sought is obtained; (B) when the application for the order is denied under section 501; or (C) 7 days after the time of the authorization by the Attorney General. (2) USE OF INFORMATION.If an application for an order under section 501 for the production of call detail records required to be produced pursuant to subsection (a) is denied, or in any other case in which the emergency production of call detail records under this section is terminated and no rder under section 501 is issued approving the required production of such records, no information obtained or evidence derived from such records shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such records shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (c) REPORT.The Attorney General shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report containing the number of times the authority under this section was exercised during the calendar year covered by such report. (d) CALL DETAIL RECORDS DEFINED.In this section, the term call detail records (1) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), telephone calling card numbers, or the time or duration of a call; and (2) does not include (A) the contents of any communication (as defined in section 2510(8) of title 18, United States Code); (B) the name, address, or financial information of a subscriber or customer; or (C) cell site location information.

TABLE OF CONTENTS AMENDMENT.The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 is amended by striking the item relating to section 502 and inserting the following new items: 502. Emergency authority for access to call detail records. 503. Congressional oversight.. CONFORMING AMENDMENT.Section 102(b) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (50 U.S.C. 1805 note) is amended by striking sections 501, 502, and and 23 inserting title V and section Page 36

50 USC 1862. Congressional oversight

Subchapter IV: Access to Certain Business Record for Foreign Intelligence Purposes

(a) On an annual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate Permantn Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Senate concerning all requests for the production of tangible things under section 1861 of this title. (b) In April of each year, the Attorney General shall submit to the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence a report setting forth with respect to the preceding calendar year the following:(1) tThe total number of applications made for orders approving requests for the production of tangible things under section 1861 of this title.; (2) tThe total number of such orders either granted, modified, or denied.; and (3) tThe number of such orders either granted, modified, or denied for the production of each of the following: (A) Library circulation records, library patron lists, book sales records, or book customer lists. (B) Firearms sales records. (C) Tax return records. (D) Educational records. (E) Medical records containing information that would identify a person. (F) Records concerning electronic communications. (G) Records concerning wire communications.

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(4) A description of all other tangible things sought by an application made for the production of any tangible things under section 501, and the number of orders under each section 501 granted, modified, or denied, for each tangible thing. (5) A description of each order under section 501 granted, modified, or denied for the production of tangible things on an ongoing basis. (6) Each department or agency on whose behalf the Director of the Federal Bureau of Investigation or a designee of the Director has made an application for an order requiring the production of any tangible things under section 501. (7) For each department or agency described in paragraph (6), a breakdown of the numbers and descriptions required by paragraphs (1), (2), (3), (4), and 5. (c)(1) In April of each year, the Attorney General shall submit to Congress a report setting forth with respect to the preceding year(A) the total number of applications made for orders approving requests for the production of tangible things under section 1861 of this title; and (B) the total number of such orders either granted, modified, or denied; (C) a good faith estimate of the total number of individuals whose tangible things were produced under an order entered under section 501, rounded to the nearest 100; (D) a good faith estimate of the total number of United States persons whose tangible things were produced under an order entered under section 501, rounded to the nearest 100; and (E) a good faith estimate of the total number of United States persons whose tangible things were produced under an order entered under section 501 and subsequently reviewed or assessed by a Federal office, employee, or agent, rounded to the nearest 100..

(2) Each report under this subsection shall be submitted in unclassified form. (3) Not later than 7 days after the date on which a report is submitted under paragraph (1), the Attorney General shall make such report publicly available.

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50 USC 1881a. Procedures for targeting certain persons outside the United States other than United States persons
Subchapter VI: Additional Procedures Regarding Certain Persons Outside the United States
(a) Authorization Notwithstanding any other provision of law, upon the issuance of an order in accordance with subsection (i)(3) or a determination under subsection (c)(2), the Attorney General and the Director of National Intelligence may authorize jointly, for a period of up to 1 year from the effective date of the authorization, the targeting of persons reasonably believed to be located outside the United States to acquire foreign intelligence information. (b) Limitations (1) In General. An acquisition authorized under subsection (a)(1A) may not intentionally target any person known at the time of acquisition to be located in the United States; (B2) may not intentionally target a person reasonably believed to be located outside the United States if the a significant purpose of such acquisition is to target a particular, known person reasonably believed to be in the United States; (C3) may not intentionally target a United States person reasonably believed to be located outside the United States; (D4) may not intentionally acquire any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; and (E5) shall be conducted in a manner consistent with the fourth amendment to the Constitution of the United States. (2) Clarification on prohibition on Searching of Collections of Communications of United States Persons. (A) In General. Except as provided in subparagraph (B), no officer or employee of United States may conduct a search of a collection of communications acquired under this section in an effort to find communications of a particular United States person (other than a corporation). (B) CONCURRENT AUTHORIZATION AND EXCEPTION FOR EMERGENCY SITUATIONS. Subparagraph (A) shall not apply to a search for communications related to a particular United States person if (i) such United States person is the subject of an order or emergency authorization authorizing Page 39

electronic surveillance or physical search under section 105, 304, 703, 704, or 705, or title 18, United States Code, for the effective period of that order; (ii) the entity carrying out the search has a reasonable belief that the life or safety of such United States person is threatened and the information is sought for the purpose of assisting that person; or (iii) such United States person has consented to the search. (c) Conduct of acquisition (1) In general An acquisition authorized under subsection (a) shall be conducted only in accordance with(A) the targeting and minimization procedures adopted in accordance with subsections (d) and (e); and (B) upon submission of a certification in accordance with subsection (g), such certification. (2) Determination A determination under this paragraph and for purposes of subsection (a) is a determination by the Attorney General and the Director of National Intelligence that exigent circumstances exist because, without immediate implementation of an authorization under subsection (a), intelligence important to the national security of the United States may be lost or not timely acquired and time does not permit the issuance of an order pursuant to subsection (i)(3) prior to the implementation of such authorization. (3) Timing of determination The Attorney General and the Director of National Intelligence may make the determination under paragraph (2)(A) before the submission of a certification in accordance with subsection (g); or (B) by amending a certification pursuant to subsection (i)(1)(C) at any time during which judicial review under subsection (i) of such certification is pending. (4) Construction Nothing in subchapter I shall be construed to require an application for a court order under such subchapter for an acquisition that is targeted in accordance with this section at a person reasonably believed to be located outside the United States. (d) Targeting procedures (1) Requirement to adopt The Attorney General, in consultation with the Director of National Intelligence, shall adopt targeting procedures that are reasonably designed to(A) ensure that any acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and Page 40

(B) prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; and (C).limit the acquisition of the contents of any communication to those communiations (i) to which any party is a target of the acquisition; or (ii) that contain an account identifier of a target of an acquisition, only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction. (2) Judicial review The procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (i). (e) Minimization procedures (1) Requirement to adopt The Attorney General, in consultation with the Director of National Intelligence, shall adopt minimization procedures that meet the definition of minimization procedures under section 1801(h) of this title or section 1821(4) of this title, as appropriate, for acquisitions authorized under subsection (a). (2) Judicial review The minimization procedures adopted in accordance with paragraph (1) shall be subject to judicial review pursuant to subsection (i). (f) Guidelines for compliance with limitations (1) Requirement to adopt The Attorney General, in consultation with the Director of National Intelligence, shall adopt guidelines to ensure(A) compliance with the limitations in subsection (b); and (B) that an application for a court order is filed as required by this chapter. (2) Submission of guidelines The Attorney General shall provide the guidelines adopted in accordance with paragraph (1) to(A) the congressional intelligence committees; (B) the Committees on the Judiciary of the Senate and the House of Representatives; and (C) the Foreign Intelligence Surveillance Court. (g) Certification (1) In general Page 41

(A) Requirement Subject to subparagraph (B), prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall provide to the Foreign Intelligence Surveillance Court a written certification and any supporting affidavit, under oath and under seal, in accordance with this subsection. (B) Exception If the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2) and time does not permit the submission of a certification under this subsection prior to the implementation of an authorization under subsection (a), the Attorney General and the Director of National Intelligence shall submit to the Court a certification for such authorization as soon as practicable but in no event later than 7 days after such determination is made. (2) Requirements A certification made under this subsection shall(A) attest that(i) there are procedures in place that have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court that are reasonably designed to(I) ensure that an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and (II) prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; (ii) the minimization procedures to be used with respect to such acquisition(I) meet the definition of minimization procedures under section 1801(h) or 1821(4) of this title, as appropriate; and (II) have been approved, have been submitted for approval, or will be submitted with the certification for approval by the Foreign Intelligence Surveillance Court; (iii) guidelines have been adopted in accordance with subsection (f) to ensure compliance with the limitations in subsection (b) and to ensure that an application for a court order is filed as required by this chapter; (iv) the procedures and guidelines referred to in clauses (i), (ii), and (iii) are consistent with the requirements of the fourth amendment to the Constitution of the United States; (v) a significant purpose of the acquisition is to obtain foreign intelligence information; Page 42

(vi) the acquisition involves obtaining foreign intelligence information from or with the assistance of an electronic communication service provider; and (vii) the acquisition complies with the limitations in subsection (b); (B) include the procedures adopted in accordance with subsections (d) and (e); (C) be supported, as appropriate, by the affidavit of any appropriate official in the area of national security who is(i) appointed by the President, by and with the advice and consent of the Senate; or (ii) the head of an element of the intelligence community; (D) include(i) an effective date for the authorization that is at least 30 days after the submission of the written certification to the court; or (ii) if the acquisition has begun or the effective date is less than 30 days after the submission of the written certification to the court, the date the acquisition began or the effective date for the acquisition; and (E) if the Attorney General and the Director of National Intelligence make a determination under subsection (c)(2), include a statement that such determination has been made. (3) Change in effective date The Attorney General and the Director of National Intelligence may advance or delay the effective date referred to in paragraph (2)(D) by submitting an amended certification in accordance with subsection (i)(1)(C) to the Foreign Intelligence Surveillance Court for review pursuant to subsection (i). (4) Limitation A certification made under this subsection is not required to identify the specific facilities, places, premises, or property at which an acquisition authorized under subsection (a) will be directed or conducted. (5) Maintenance of certification The Attorney General or a designee of the Attorney General shall maintain a copy of a certification made under this subsection. (6) Review A certification submitted in accordance with this subsection shall be subject to judicial review pursuant to subsection (i). (h) Directives and judicial review of directives Page 43

(1) Authority With respect to an acquisition authorized under subsection (a), the Attorney General and the Director of National Intelligence may direct, in writing, an electronic communication service provider to(A) immediately provide the Government with all information, facilities, or assistance necessary to accomplish the acquisition in a manner that will protect the secrecy of the acquisition and produce a minimum of interference with the services that such electronic communication service provider is providing to the target of the acquisition; and (B) maintain under security procedures approved by the Attorney General and the Director of National Intelligence any records concerning the acquisition or the aid furnished that such electronic communication service provider wishes to maintain. (2) Compensation The Government shall compensate, at the prevailing rate, an electronic communication service provider for providing information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1). (3) Release from liability No cause of action shall lie in any court against any electronic communication service provider for providing any information, facilities, or assistance in accordance with a directive issued pursuant to paragraph (1). (4) Challenging of directives (A) Authority to challenge An electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition to modify or set aside such directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition. (B) Assignment The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 1803(e)(1) of this title not later than 24 hours after the filing of such petition. (C) Standards for review A judge considering a petition filed under subparagraph (A) may grant such petition only if the judge finds that the directive does not meet the requirements of this section, or is otherwise unlawful. (D) Procedures for initial review A judge shall conduct an initial review of a petition filed under subparagraph (A) not later than 5 days after being assigned such petition. If the judge determines that such petition does not consist of claims, defenses, or other legal contentions that are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing Page 44

new law, the judge shall immediately deny such petition and affirm the directive or any part of the directive that is the subject of such petition and order the recipient to comply with the directive or any part of it. Upon making a determination under this subparagraph or promptly thereafter, the judge shall provide a written statement for the record of the reasons for such determination. (E) Procedures for plenary review If a judge determines that a petition filed under subparagraph (A) requires plenary review, the judge shall affirm, modify, or set aside the directive that is the subject of such petition not later than 30 days after being assigned such petition. If the judge does not set aside the directive, the judge shall immediately affirm or affirm with modifications the directive, and order the recipient to comply with the directive in its entirety or as modified. The judge shall provide a written statement for the record of the reasons for a determination under this subparagraph. (F) Continued effect Any directive not explicitly modified or set aside under this paragraph shall remain in full effect. (G) Contempt of Court Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court. (5) Enforcement of directives (A) Order to compel If an electronic communication service provider fails to comply with a directive issued pursuant to paragraph (1), the Attorney General may file a petition for an order to compel the electronic communication service provider to comply with the directive with the Foreign Intelligence Surveillance Court, which shall have jurisdiction to review such petition. (B) Assignment The presiding judge of the Court shall assign a petition filed under subparagraph (A) to 1 of the judges serving in the pool established under section 1803(e)(1) of this title not later than 24 hours after the filing of such petition. (C) Procedures for review A judge considering a petition filed under subparagraph (A) shall, not later than 30 days after being assigned such petition, issue an order requiring the electronic communication service provider to comply with the directive or any part of it, as issued or as modified, if the judge finds that the directive meets the requirements of this section and is otherwise lawful. The judge shall provide a written statement for the record of the reasons for a determination under this paragraph. (D) Contempt of Court Failure to obey an order issued under this paragraph may be punished by the Court as contempt of court. (E) Process

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Any process under this paragraph may be served in any judicial district in which the electronic communication service provider may be found. (6) Appeal (A) Appeal to the Court of Review The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition with the Foreign Intelligence Surveillance Court of Review for review of a decision issued pursuant to paragraph (4) or (5). The Court of Review shall have jurisdiction to consider such petition and shall provide a written statement for the record of the reasons for a decision under this subparagraph. (B) Certiorari to the Supreme Court The Government or an electronic communication service provider receiving a directive issued pursuant to paragraph (1) may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. (i) Judicial review of certifications and procedures (1) In general (A) Review by the Foreign Intelligence Surveillance Court The Foreign Intelligence Surveillance Court shall have jurisdiction to review a certification submitted in accordance with subsection (g) and the targeting and minimization procedures adopted in accordance with subsections (d) and (e), and amendments to such certification or such procedures. (B) Time period for review The Court shall review a certification submitted in accordance with subsection (g) and the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and shall complete such review and issue an order under paragraph (3) not later than 30 days after the date on which such certification and such procedures are submitted. (C) Amendments The Attorney General and the Director of National Intelligence may amend a certification submitted in accordance with subsection (g) or the targeting and minimization procedures adopted in accordance with subsections (d) and (e) as necessary at any time, including if the Court is conducting or has completed review of such certification or such procedures, and shall submit the amended certification or amended procedures to the Court not later than 7 days after amending such certification or such procedures. The Court shall review any amendment under this subparagraph under the procedures set forth in this subsection. The Attorney General and the Director of National Intelligence may authorize the use of an amended certification or amended procedures pending the Court's review of such amended certification or amended procedures. (2) Review The Court shall review the following: (A) Certification Page 46

A certification submitted in accordance with subsection (g) to determine whether the certification contains all the required elements. (B) Targeting procedures The targeting procedures adopted in accordance with subsection (d) to assess whether the procedures are reasonably designed to(i) ensure that an acquisition authorized under subsection (a) is limited to targeting persons reasonably believed to be located outside the United States; and (ii) prevent the intentional acquisition of any communication as to which the sender and all intended recipients are known at the time of the acquisition to be located in the United States; and (iii) limit the acquisition of the contents of any communication to those communications (I) to which any party is a target of the acquisition; or (II) that contain an account identifier of the target of an acquisition, only if such ommunications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction.. (C) Minimization procedures The minimization procedures adopted in accordance with subsection (e) to assess whether such procedures meet the definition of minimization procedures under section 1801(h) of this title or section 1821(4) of this title, as appropriate. (3) Orders (A) Approval If the Court finds that a certification submitted in accordance with subsection (g) contains all the required elements and that the targeting and minimization procedures adopted in accordance with subsections (d) and (e) are consistent with the requirements of those subsections and with the fourth amendment to the Constitution of the United States, the Court shall enter an order approving the certification and the use, or continued use in the case of an acquisition authorized pursuant to a determination under subsection (c)(2), of the procedures for the acquisition. (B) Correction of deficiencies (i). In general. -- If the Court finds that a certification submitted in accordance with subsection (g) does not contain all the required elements, or that the procedures adopted in accordance with required by subsections (d) and (e) are not consistent with the requirements of those subsections or the fourth amendment to the Constitution of the United States, the Court shall issue an order directing the Government to, at the Government's election and to the extent required by the Court's order(Ii) correct any deficiency identified by the Court's order not later than 30 days after the date on which the Court issues the order; or

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(IIii) cease, or not begin, the implementation of the authorization for which such certification was submitted. (ii) Limitation on use of information. (I) IN GENERAL.Except as provided in subclause (II), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under clause (i) concerning any United States person shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from the acquisition shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of the United States person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person. (II) EXCEPTION.If the Government corrects any deficiency identified by the order of the Court under clause (i), the Court may permit the use or disclosure of information acquired before the date of the correction under such minimization procedures as the Court shall establish for purposes of this clause. (C) Requirement for written statement In support of an order under this subsection, the Court shall provide, simultaneously with the order, for the record a written statement of the reasons for the order. (4) Appeal (A) Appeal to the Court of Review The Government may file a petition with the Foreign Intelligence Surveillance Court of Review for review of an order under this subsection. The Court of Review shall have jurisdiction to consider such petition. For any decision under this subparagraph affirming, reversing, or modifying an order of the Foreign Intelligence Surveillance Court, the Court of Review shall provide for the record a written statement of the reasons for the decision. (B) Continuation of acquisition pending rehearing or appeal Any acquisition affected by an order under paragraph (3)(B) may continue(i) during the pendency of any rehearing of the order by the Court en banc; and (ii) if the Government files a petition for review of an order under this section, until the Court of Review enters an order under subparagraph (C). (C) Implementation pending appeal Not later than 60 days after the filing of a petition for review of an order under paragraph (3)(B) directing the correction of a deficiency, the Court of Review shall determine, and enter a

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corresponding order regarding, whether all or any part of the correction order, as issued or modified, shall be implemented during the pendency of the review. (D) Certiorari to the Supreme Court The Government may file a petition for a writ of certiorari for review of a decision of the Court of Review issued under subparagraph (A). The record for such review shall be transmitted under seal to the Supreme Court of the United States, which shall have jurisdiction to review such decision. (5) Schedule (A) Reauthorization of authorizations in effect If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a), the Attorney General and the Director of National Intelligence shall, to the extent practicable, submit to the Court the certification prepared in accordance with subsection (g) and the procedures adopted in accordance with subsections (d) and (e) at least 30 days prior to the expiration of such authorization. (B) Reauthorization of orders, authorizations, and directives If the Attorney General and the Director of National Intelligence seek to reauthorize or replace an authorization issued under subsection (a) by filing a certification pursuant to subparagraph (A), that authorization, and any directives issued thereunder and any order related thereto, shall remain in effect, notwithstanding the expiration provided for in subsection (a), until the Court issues an order with respect to such certification under paragraph (3) at which time the provisions of that paragraph and paragraph (4) shall apply with respect to such certification. (j) Judicial proceedings (1) Expedited judicial proceedings Judicial proceedings under this section shall be conducted as expeditiously as possible. (2) Time limits A time limit for a judicial decision in this section shall apply unless the Court, the Court of Review, or any judge of either the Court or the Court of Review, by order for reasons stated, extends that time as necessary for good cause in a manner consistent with national security. (k) Maintenance and security of records and proceedings (1) Standards The Foreign Intelligence Surveillance Court shall maintain a record of a proceeding under this section, including petitions, appeals, orders, and statements of reasons for a decision, under security measures adopted by the Chief Justice of the United States, in consultation with the Attorney General and the Director of National Intelligence. (2) Filing and review All petitions under this section shall be filed under seal. In any proceedings under this section, the Court shall, upon request of the Government, review ex parte and in camera any Government submission, or portions of a submission, which may include classified information. (3) Retention of records Page 49

The Attorney General and the Director of National Intelligence shall retain a directive or an order issued under this section for a period of not less than 10 years from the date on which such directive or such order is issued. (l) Assessments and reviews (1) Semiannual assessment Not less frequently than once every 6 months, the Attorney General and Director of National Intelligence shall assess compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f) and shall submit each assessment to(A) the Foreign Intelligence Surveillance Court; and (B) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution(i) the congressional intelligence committees; and (ii) the Committees on the Judiciary of the House of Representatives and the Senate. (2) Agency assessment The Inspector General of the Department of Justice and the Inspector General of each element of the intelligence community authorized to acquire foreign intelligence information under subsection (a)subject to the targeting or minimization procedures approved under this section, with respect to the department or element of such Inspector General(A) are authorized to review compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f); (B) with respect to acquisitions authorized under subsection (a), shall review the number of disseminated intelligence reports containing a reference to a United States-person identity and the number of United States-person identities subsequently disseminated by the element concerned in response to requests for identities that were not referred to by name or title in the original reporting; (C) with respect to acquisitions authorized under subsection (a), shall review the number of targets that were later determined to be United States persons located in the United States and, to the extent possible, whether communications of such targets were reviewed; and (D) shall provide each such review conducted under this paragraphto(i) the Attorney General; (ii) the Director of National Intelligence; and Page 50

(iii)the Inspector General of the Intelligence Community; and (ivii) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution(I) the congressional intelligence committees; and (II) the Committees on the Judiciary of the House of Representatives and the Senate. [Note: the number is off for what follows] (3) Inspector General of the Intelligence Community Review. -(A) IN GENERAL.The Inspector Generalof the Intelligence Community is authorized to review the acquisition, use, and dissemination of information acquired under subsection (a) to review compliance with the targeting and minimization procedures adopted in accordance with subsections (d) and (e) and the guidelines adopted in accordance with subsection (f), and in order to conduct the review required under subparagraph (B). (B) MANDATORY REVIEW.The Inspector General of the Intelligence Community shall review the procedures and guidelines developed by the elements of the intelligence community to implement this section, with respect to the protection of the privacy rights of United States persons, including (i) an evaluation of the limitations outlined in subsection (b), the procedures approved in accordance with subsections (d) and (e), and the guidelines adopted in accordance with subsection (f), with respect to the protection of the privacy rights of United States persons; and (ii) an evaluation of the circumstances under which the contents of communications acquired under subsection (a) may be searched in order to review the communications of particular United States persons. (C) CONSIDERATION OF OTHER REVIEWS AND ASSESSMENTS.In conducting a review under subparagraph (B), the Inspector General of the Intelligence Community shall take into consideration, to the extent relevant and appropriate, any reviews or assessments that have been completed or are being undertaken under this section. (D) PUBLIC REPORTING OF FINDINGS AND CONCLUSIONS.In a manner consistent with the protection of the national security of the United States, and in unclassified form, the Inspector General of the Intelligence Community shall make publicly available a summary of the findings and conclusions of the review conducted under subparagraph (B). (2) REPORT.Not later than December 31, 2014, the Inspector General of the Intelligence Comunity shall submit a report regarding the reviews conducted under paragraph (3) of section 702(l) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)), as amended by paragraph (1)of this subsection, to (A) the Attorney General; Page 51

(B) the Director of National Intelligence; and (C) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution (i) the congressional intelligence committees; and (ii) the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (43) Annual review (A) Requirement to conduct The head of each element of the intelligence community conducting an acquisition authorized under subsection (a)subject to targeting or minimization procedures approved under this section shall conduct an annual review to determine whether there is reason to believe that foreign intelligence information has been or will be obtained from the acquisitionacquisitions under subsection (a). The annual review shall provide, with respect to acquisitions information obtained through an acquisition authorized under subsection (a)(i) an accounting of the number of disseminated intelligence reports containing a reference to a United States-person identity; (ii) an accounting of the number of United States-person identities subsequently disseminated by that element in response to requests for identities that were not referred to by name or title in the original reporting; (iii) the number of targets that were later determined to be United States persons or located in the United States and, to the extent possible, whether communications of such targets were reviewed; and (iv) a description of any procedures developed by the head of such element of the intelligence community and approved by the Director of National Intelligence to assess, in a manner consistent with national security, operational requirements and the privacy interests of United States persons, the extent to which the acquisitions authorized under subsection (a) acquire the communications of United States persons, and the results of any such assessment. (B) Use of review The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall use each such review to evaluate the adequacy of the minimization procedures utilized by such element and, as appropriate, the application of the minimization procedures to a particular acquisition authorized under subsection (a). (C) Provision of review The head of each element of the intelligence community that conducts an annual review under subparagraph (A) shall provide such review to(i) the Foreign Intelligence Surveillance Court;

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(ii) the Attorney General; (iii) the Director of National Intelligence; and (iv) consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution(I) the congressional intelligence committees; and (II) the Committees on the Judiciary of the House of Representatives and the Senate.

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50 USC 1881f. Congressional oversight

Subchapter VI: Additional Procedures Regarding Certain Persons Outside the United States
(a) Semiannual report Not less frequently than once every 6 months, the Attorney General shall fully inform, in a manner consistent with national security, the congressional intelligence committees and the Committees on the Judiciary of the Senate and the House of Representatives, consistent with the Rules of the House of Representatives, the Standing Rules of the Senate, and Senate Resolution 400 of the 94th Congress or any successor Senate resolution, concerning the implementation of this subchapter. (b) Content Each report under subsection (a) shall include(1) with respect to section 1881a of this title(A) any certifications submitted in accordance with section 1881a(g) of this title during the reporting period; (B) with respect to each determination under section 1881a(c)(2) of this title, the reasons for exercising the authority under such section; (C) any directives issued under section 1881a(h) of this title during the reporting period; (D) a description of the judicial review during the reporting period of such certifications and targeting and minimization procedures adopted in accordance with subsections (d) and (e) of section 1881a of this title and utilized with respect to an acquisition under such section, including a copy of an order or pleading in connection with such review that contains a significant legal interpretation of the provisions of section 1881a of this title; (E) any actions taken to challenge or enforce a directive under paragraph (4) or (5) of section 1881a(h) of this title; (F) any compliance reviews conducted by the Attorney General or the Director of National Intelligence of acquisitions authorized under section 1881a(a) of this title; (G) a description of any incidents of noncompliance(i) with a directive issued by the Attorney General and the Director of National Intelligence under section 1881a(h) of this title, including incidents of noncompliance by a specified person Page 54

to whom the Attorney General and Director of National Intelligence issued a directive under section 1881a(h) of this title; and (ii) by an element of the intelligence community with procedures and guidelines adopted in accordance with subsections (d), (e), and (f) of section 1881a of this title; and (H) any procedures implementing section 1881a of this title; (2) with respect to section 1881b of this title(A) the total number of applications made for orders under section 1881b(b) of this title; (B) the total number of such orders(i) granted; (ii) modified; and (iii) denied; and (C) the total number of emergency acquisitions authorized by the Attorney General under section 1881b(d) of this title and the total number of subsequent orders approving or denying such acquisitions; and (3) with respect to section 1881c of this title(A) the total number of applications made for orders under section 1881c(b) of this title; (B) the total number of such orders(i) granted; (ii) modified; and (iii) denied; and (C) the total number of emergency acquisitions authorized by the Attorney General under section 1881c(d) of this title and the total number of subsequent orders approving or denying such applications. (c) ADDITIONAL ANNUAL REPORT. (1) REPORT REQUIRED.In April of each year, the Attorney General shall submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report setting forth with respect to the preceding year (A) the total number of Page 55

(i) directives issued under section 702; (ii) orders granted under section 703; and (iii) orders granted under section 704; (B) good faith estimates of the total number of individuals, rounded to the nearest 100, whose electronic or wire communications or communications records were collected pursuant to (i) a directive issued under section 702; (ii) an order granted under section 703; and (iii) an order granted under section 704; (C) good faith estimates of the total number, rounded to the nearest 100, of United States persons whose electronic or wire communications or communications records were collected pursuant to (i) a directive issued under section 702; (ii) an order granted under section 703; and (iii) an order granted under section 704; and (D) a good faith estimate of the total number of United States persons whose electronic or wire communications or communications records were collected pursuant to a directive issued under section 702 and subsequently reviewed or accessed by a Federal officer, employee, or agent, rounded to the nearest 100. (2) FORM.Each report required under paragraph (1) shall be submitted in unclassified form. (3) PUBLIC AVAILABILITY.Not later than 7 days after the date on which a report is submitted under paragraph (1), the Attorney General shall make such report publicly available.

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[New legislative provision]

SEC. 601. THIRD-PARTY REPORTING ON FISA ORDERS AND NATIONAL SECURITY LETTERS.
Amends FISA Act of 1978 (a) IN GENERAL.Each electronic service provider may report information to the public in accordance with this section about demands and requests for information made by any Government entity under a surveillance law, and is exempt in accordance with subsection (d) from liability with respect to that report, even if such provider would otherwise be prohibited by a surveillance law from reporting that information. b) PERIODIC AGGREGATE REPORTS.An electronic service provider may report such information not more often than quarterly and only to the following extent: (1) ESTIMATE OF NUMBERS OF DEMANDS AND REQUESTS MADE.The report may reveal an estimate of the number of the demands and requests described in subsection (a) made during the period to which the report pertains. (2) ESTIMATE OF NUMBERS OF DEMANDS AND REQUESTS COMPLIED WITH.The report may reveal an estimate of the numbers of the demands and requests described in subsection (a) the electronic service provider complied with during the period to which the report pertains, regardless of when the demands or requests were made. (3) ESTIMATE OF NUMBER OF USERS OR ACCOUNTS.The report may reveal an estimate of the numbers of users or accounts, or both, of the electronic service provider, for which information was demanded, requested, or provided during the period to which the report pertains. (c) SPECIAL RULES FOR REPORTS. (1) LEVEL OF DETAIL BY AUTHORIZING SURVEILLANCE LAW.Any estimate disclosed under this section may be an overall estimate or broken down by categories of authorizing surveillance laws or by provisions of authorizing surveillance laws. (2) LEVEL OF DETAIL BY NUMERICAL RANGE.Each estimate disclosed under this section shall be rounded to the nearest 100. If an estimate is zero, an electronic service provider may report the estimate as zero. (3) REPORT MAY BE BROKEN DOWN BY PERIODS NOT LESS THAN CALENDAR QUARTERS.For any reporting period, an electronic service provider may break down the report by calendar quarters or any other time periods greater than a calendar quarter. (d) LIMITATION ON LIABILITY.An electronic service provider making a report that the electronic service provider reasonably believes in good faith is authorized by this section is not criminally or civilly liable in any court for making the report. (e) RULE OF CONSTRUCTION.Nothing in this section shall be construed to prohibit disclosures other than those authorized by this section.

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(f) DEFINITIONS.In this section: (1) ELECTRONIC SERVICE PROVIDER.The term electronic service provider means an electronic communications service provider (as that term is defined in section 2510 of title 18, United States Code) or a remote computing service provider (as that term is defined in section 2711 of title 18, United States Code). (2) SURVEILLANCE LAW.The term surveillance law means any provision of any of the following: (A) The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.). (B) Section 802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)). (C) Section 2709 of title 18, United States Code. (D) Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)). (E) Subsection (a) or (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 7 1681u(a), 1681u(b)). (F) Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)) (as in effect on the day before the date of the enactment of this Act).

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USA PATRIOT Improvement and Reauthorization Act of 2005

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SEC. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PURPOSES.
(a) Audit.--The Inspector General of the Department of Justice shall perform a comprehensive audit of the effectiveness and use, including any improper or illegal use, of the investigative authority provided to the Federal Bureau of Investigation under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.). (b) Requirements.--The audit required under subsection (a) shall include-(1) an examination of each instance in which the Attorney General, any other officer, employee, or agent of the Department of Justice, the Director of the Federal Bureau of Investigation, or a designee of the Director, submitted an application to the Foreign Intelligence Surveillance Court (as such term is defined in section 301(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1821(3))) for an order under section 501 of such Act during the calendar years of 2002 through 2006 and calendar years 2010 through 2013, including-(A) whether the Federal Bureau of Investigation requested that the Department of Justice submit an application and the request was not submitted to the court (including an examination of the basis for not submitting the application); (B) whether the court granted, modified, or denied the application (including an examination of the basis for any modification or denial); (2) the justification for the failure of the Attorney General to issue implementing procedures governing requests for the production of tangible things under such section in a timely fashion, including whether such delay harmed national security; (3) whether bureaucratic or procedural impediments to the use of such requests for production prevent the Federal Bureau of Investigation from taking full advantage of the authorities provided under section 501 of such Act; (24) any noteworthy facts or circumstances relating to orders under such section, including any improper or illegal use of the authority provided under such section; and (35) an examination of the effectiveness of such section as an investigative tool, including-(A) the categories of records obtained and the importance of the information acquired to the intelligence activities of the Federal Bureau of Investigation or any other Department or agency of the Federal Government; Page 60

(B) the manner in which such information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to such information (such as access to ``raw data'') provided to any other Department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity; (C) with respect to calendar years 2010 through 201306, an examination of the minimization procedures adopted by used in relation to orders the Attorney General under section 501(g) of such Act the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) and whether such minimization procedures protect the constitutional rights of United States persons; (D) whether, and how often, the Federal Bureau of Investigation utilized information acquired pursuant to an order under section 501 of such Act to produce an analytical intelligence product for distribution within the Federal Bureau of Investigation, to the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), or to other Federal, State, local, or tribal government Departments, agencies, or instrumentalities; and (E) whether, and how often, the Federal Bureau of Investigation provided such information to law enforcement authorities for use in criminal proceedings. (c) Submission Dates.-(1) <<NOTE: Reports.>> Prior years.--Not later than one year after the date of the enactment of this Act, or upon completion of the audit under this section for calendar years 2002, 2003, and 2004, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this section for calendar years 2002, 2003, and 2004. (2) Calendar years 2005 and 2006.--Not later than December 31, 2007, or upon completion of the audit under this section for calendar years 2005 and 2006, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this section for calendar Page 61

years 2005 and 2006. (3) Calendar Years 2010-2013. Not later than December 31, 2014, 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 Permanent Select Committee on Intelligence of The House of Representatives a report containing the results of The audit conducted under subsection (a) for calendar years 2010 through 2013. (d) Intelligence Assessment. (1) In general. For the period beginning on January 1, 2010, And ending on December 31, 2013, the Inspector General of the Intelligence Community shall (A) assess the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) to the activities of the intelligence community; (B) examine the manner in which that information was collected, retained, Analyzed, and disseminated by the intelligence community; (C) describe any noteworthy factors or circumstances related to orders under such title; (D) examine any minimization procedures used by elements of the intelligence Community under such title and whether the minimization procedures adequately Protect the constitutional rights of United States persons; and (E) examine any minimization procedures proposed by an element of the Intelligence community under such title that were modified or denied by The court established under section 103(a) of such Act (50 U.S.C. 1803(a)). (2) Submission Date for Assessment. Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee On Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing The results of the assessment for calendar years 2010 through 2013. (ed) Prior Notice to Attorney General and Director of National Intelligence; Comments.-(1) <<NOTE: Deadline. Reports.>> Notice.--Not less than 30 days before the submission of any report under subsection (c)(1) or (c)(2)d, the Inspector General of the Department of Justice, the Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community that Prepares a report to assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in Complying with the requirements of this section shall provide such report to the Attorney General and the Page 62

Director of National Intelligence. (2) Comments.--The Attorney General or the Director of National Intelligence may provide comments to be included in the any reports submitted under subsections (c)(1) and or (c)(2)d as the Attorney General or the Director of National Intelligence may consider necessary. (fe) Unclassified Form.--The Each reports submitted under subsections (c) (c)(1) and (c)(2) and any comments included under subsection (ed)(2) shall be in unclassified form, but may include a classified annex. (g) Definition. In this section: (1) Intelligence Community. The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (2) United States Person. The term United States person has the meaning Given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

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SEC. 119. AUDIT OF USE OF NATIONAL SECURITY LETTERS.

(a) Audit.--The Inspector General of the Department of Justice shall perform an audit of the effectiveness and use, including any improper or illegal use, of national security letters issued by the Department of Justice. (b) Requirements.--The audit required under subsection (a) shall include-(1) an examination of the use of national security letters by the Department of Justice during calendar years 2003 through 2006 and calendar years 2013 through 2013; (2) a description of any noteworthy facts or circumstances relating to such use, including any improper or illegal use of such authority; and (3) an examination of the effectiveness of national security letters as an investigative tool, including-(A) the importance of the information acquired by the Department of Justice to the intelligence activities of the Department of Justice or to any other department or agency of the Federal Government; (B) the manner in which such information is collected, retained, analyzed, and disseminated by the Department of Justice, including any direct access to such information (such as access to ``raw data'') provided to any other department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity; (C) whether, and how often, the Department of Justice utilized such information to produce an analytical intelligence product for distribution within the Department of Justice, to the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), or to other Federal, State, local, or tribal government departments, agencies, or instrumentalities; (D) whether, and how often, the Department of Justice provided such information to law enforcement authorities for use in criminal proceedings; (E) with respect to national security letters issued following the date of the enactment of this Act, an examination of the number of occasions in which the Department of Justice, or an officer or employee of the Department of Justice, issued a national security letter without the certification necessary to require the recipient of such letter to comply with the nondisclosure and confidentiality requirements potentially applicable under law; and (F) the types of electronic communications and Page 64

transactional information obtained through requests for information under section 2709 of title 18, United States Code, including the types of dialing, routing, addressing, or signaling information obtained, and the procedures the Department of Justice uses if content information is obtained through the use of such authority. (c) Submission Dates.-(1) Prior years.--Not later than one year after the date of the enactment of this Act, or upon completion of the audit under this section for calendar years 2003 and 2004, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this subsection for calendar years 2003 and 2004. (2) Calendar years 2005 and 2006.--Not later than December 31, 2007, or upon completion of the audit under this subsection for calendar years 2005 and 2006, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this subsection for calendar years 2005 and 2006. (3) Calendar Years 2010 through 2013. Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under subsection (a) for calendar years 2010 through 2013. (d) INTELLIGENCE ASSESSMENT. (1) IN GENERAL.For the period beginning on January 1, 2010, and ending on December 31, 2013, the Inspector General of the Intelligence Community shall (A) examine the use of national security letters by the intelligence community during the period; (B) describe any noteworthy facts or circumstances relating to the use of national security letters by the intelligence community, including any improper or illegal use of such authority; (C) assess the importance of information received under the national security letters to the activities of the intelligence community; and (D) examine the manner in which information received under the national security letters was collected, retained, analyzed, and disseminated. (2) SUBMISSION DATE FOR ASSESSMENT. Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate Page 65

and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013. (ed) Prior Notice to Attorney General and Director of National Intelligence; Comments.-(1) Notice.--Not less than 30 days before the submission of any report under subsection (c)(1) or (c)(2)d, the Inspector General of the Department of Justice, Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community that prepares a report to assit the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in complying with the requiements of this section shall provide such report to the Attorney General and the Director of National Intelligence. (2) Comments.--The Attorney General or the Director of National Intelligence may provide comments to be included in the any reports submitted under subsection (c)(1) or (c)(2) (c) or (d) as the Attorney General or the Director of National Intelligence may consider necessary. (fe) Unclassified Form.--Each report submitted The reports submitted under subsection (c)(1) or (c)(2) (e) and any comments included under subsection (ed)(2) shall be in unclassified form, but may include a classified annex. (gf) Minimization Procedures Feasibility.--Not later than February 1, 2007, or upon completion of review of the report submitted under subsection (c)(1), whichever is earlier, the Attorney General and the Director of National Intelligence shall jointly submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report on the feasibility of applying minimization procedures in the context of national security letters to ensure the protection of the constitutional rights of United States persons. (g) National Security Letter Defined.--In this section, the term ``national security letter'' means a request for information under one of the following provisions of law: (1) Section 2709(a) of title 18, United States Code (to access certain communication service provider records). (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution customer records). (3) Section 802 of the National Security Act of 1947 (50 U.S.C. 436) (to obtain financial information, records, and consumer reports). (4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to obtain certain financial information and consumer reports). (5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to obtain credit agency consumer records for Page 66

counterterrorism investigations). (h) Definitions. In this section: (1) Intelligence Community.The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (2) National Security Letter.The term national security letter means a request for information under (A) section 2709(b) of title 18, United States Code (to access certain communication service provider records); (B) section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain financial institution customer records); (C) section 802 of the National Security Act of 1947 (50 U.S.C. 3162) (to obtain financial information, records, and consumer reports); or (D) section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to obtain certain financial information and consumer reports.) (3) United States Person. The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

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Financial Records

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12 USC 3414 Special procedures

Banks and Banking: Right to Financial Privacy
[Note: Effective June 1, 2015, this section is amended to read as such provision read on October 25, 2001] (a) Access to financial records for certain intelligence and protective purposes

(a) AUTHORIZATION. (1) IN GENERAL.The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a financial institution, a request requiring the production of (A) the name of a customer of the financial institution; (B) the address of a customer of the financial institution; (C) the length of time during which a person has been, or was, a customer of the financial institution (including the start date) and the type of service provided by the financial institution to the customer; and (D) any account number or other unique identifier associated with a customer of the financial institution. (2) LIMITATION.A request issued under this subsection may not require the production of records or information not listed in paragraph (1). (b) REQUIREMENTS. (1) IN GENERAL.A request issued under subsection (a) shall (A) be subject to the requirements of subsections (d) through (g) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and (B) include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought (i) are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to (I) obtain foreign intelligence information not concerning a United States person; or (II) protect against international terrorism or clandestine intelligence activities; and (ii) pertain to (I) a foreign power or an agent of a foreign power; (II) the activities of a suspected agent of a foreign power who is the subject of such authorized Page 69

investigation; or (III) an individual in contact with, or known to, a suspected agent of a foreign power. (2) DEFINITIONS.For purposes of this subsection, the terms agent of a foreign power, foreign intelligence information, foreign power, international terrorism, and United States person have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). (c) Prohibition of Certain Disclosure. (1) PROHIBITION. (A) IN GENERAL.If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no financial institution, or officer, employee, or agent thereof, that receives a request under subsection (a) shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a). (B) CERTIFICATION.The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in (i) endangering the life or physical safety of any person; (ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; (vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States. (2) EXCEPTION. (A) IN GENERAL.A financial institution, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) APPLICATION.A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (C) NOTICE.Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. Page 70

(D) IDENTIFICATION OF DISCLOSURE RECIPIENTS.At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) 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 request. (3) TERMINATION.In the case of any request for which a financial institution has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the financial institution, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. (d) Judicial Review. (1) In general. A request under subsection (a) or a non-disclosure requirement imposed in connection with such a request under subsection (c) shall be subject to judicial review under section 3511 of title 18, United States Code. (2) Notice. A request under subsection (a) shall include notice of the availability of judicial review described in paragraph (1). (e) DEFINITION OF FINANCIAL INSTITUTION.For purposes of this section (and sections 1115 and 1117, insofar as the sections relate to the operation of this section), the term financial institution has the same meaning as in subsections (a)(2) and (c)(1) of section 5312 of title 31, United States Code, except that the term shall include only a financial institution any part of which is located inside any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands. (1) Nothing in this chapter (except sections 3415, 3417, 3418, and 3421 1 of this title) shall apply to the production and disclosure of financial records pursuant to requests from(A) a Government authority authorized to conduct foreign counter- or foreign positiveintelligence activities for purposes of conducting such activities; (B) the Secret Service for the purpose of conducting its protective functions (18 U.S.C. 3056; 18 U.S.C. 3056A, Public Law 90331, 1 as amended); or (C) a Government authority authorized to conduct investigations of, or intelligence or counterintelligence analyses related to, international terrorism for the purpose of conducting such investigations or analyses.

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(2) In the instances specified in paragraph (1), the Government authority shall submit to the financial institution the certificate required in section 3403(b) of this title signed by a supervisory official of a rank designated by the head of the Government authority. (3)(A) If the Government authority described in paragraph (1) or the Secret Service, as the case may be, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no financial institution, or officer, employee, or agent of such institution, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Government authority or the Secret Service has sought or obtained access to a customer's financial records. (B) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under subparagraph (A). (C) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under subparagraph (A). (D) At the request of the authorized Government authority or the Secret Service, any person making or intending to make a disclosure under this section shall identify to the requesting official of the authorized Government authority or the Secret Service the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, except that nothing in this section shall require a person to inform the requesting official of the authorized Government authority or the Secret Service of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request for financial records under this subsection. (4) The Government authority specified in paragraph (1) shall compile an annual tabulation of the occasions in which this section was used. (5)(A) Financial institutions, and officers, employees, and agents thereof, shall comply with a request for a customer's or entity's financial records made pursuant to this subsection by the Federal Bureau of Investigation when the Director of the Federal Bureau of Investigation (or the Director's designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director) certifies in writing to the financial institution that such records are sought for foreign counter intelligence 2 purposes to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States.

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(B) The Federal Bureau of Investigation may disseminate information obtained pursuant to this paragraph only as provided in guidelines approved by the Attorney General for foreign intelligence collection and foreign counterintelligence investigations conducted by the Federal Bureau of Investigation, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the authorized responsibilities of such agency. (C) On the dates provided in section 3106 of title 50, the Attorney General shall fully inform the congressional intelligence committees (as defined in section 3003 of title 50) concerning all requests made pursuant to this paragraph. (D) Prohibition of certain disclosure.(i) If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no financial institution, or officer, employee, or agent of such institution, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained access to a customer's or entity's financial records under subparagraph (A). (ii) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under clause (i). (iii) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under clause (i). (iv) At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section 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 request, except that nothing in this section shall require a person to inform the Director or such designee of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request for financial records under subparagraph (A). (b) Emergency access to financial records (1) Nothing in this chapter shall prohibit a Government authority from obtaining financial records from a financial institution if the Government authority determines that delay in obtaining access to such records would create imminent danger of(A) physical injury to any person;

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(B) serious property damage; or (C) flight to avoid prosecution. (2) In the instances specified in paragraph (1), the Government shall submit to the financial institution the certificate required in section 3403(b) of this title signed by a supervisory official of a rank designated by the head of the Government authority. (3) Within five days of obtaining access to financial records under this subsection, the Government authority shall file with the appropriate court a signed, sworn statement of a supervisory official of a rank designated by the head of the Government authority setting forth the grounds for the emergency access. The Government authority shall thereafter comply with the notice provisions of section 3409(c) of this title. (4) The Government authority specified in paragraph (1) shall compile an annual tabulation of the occasions in which this section was used. (d) 3 Definition of financial institution For purposes of this section, and sections 3415 and 3417 of this title insofar as they relate to the operation of this section, the term financial institution has the same meaning as in subsections (a)(2) and (c)(1) of section 5312 of title 31, except that, for purposes of this section, such term shall include only such a financial institution any part of which is located inside any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands.

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18 USC 3511. Judicial review of requests for information Crimes and Criminal Procedure: Criminal Procedure: Witnesses and Evidence
(a) The recipient of a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the request. The court may modify or set aside the request if compliance would be unreasonable, oppressive, or otherwise unlawful. (b) Nondisclosure. (1) In general-(b)(1) (A) Notice. If Tthe recipient of a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act (15 U.S.C. 1681u), section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802(a) of the National Security Act of 1947 (50 U.S.C. 3162), wishes to have a court review may petition any court described in subsection (a) for an order modifying or setting aside a nondisclosure requirement imposed in connection with such a the request, the recipient may notify the Government or file a petition for judicial review in any court described in section (a). (B) APPLICATION.Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request. An application under this subparagraph may be filed in the district court of the United States for the judicial district in which the recipient of the order is doing business or in the district court of the United States for any judicial district within which the authorized investigation that is the basis for the request is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement. C) CONSIDERATION.A district court of the United States that receives a petition under subparagraph (A) or an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances. (2) APPLICATION CONTENTS.An application for a nondisclosure order or extension thereof or a response to a petition filed under paragraph (1) shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of the department, agency, or instrumentality, containing a statement of specific facts indicating that the absence of a prohibition of disclosure under this subsection may result Page 75

in (A) endangering the life or physical safety of any person; (B) flight from investigation or prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; E) interference with diplomatic relations; (F) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (G) otherwise seriously endangering the national security of the United States. (3) STANDARD.A district court of the United States shall issue a nondisclosure requirement order or extension thereof under this subsection if the court determines that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in (A) endangering the life or physical safety of any person; (B) flight from investigation or prosecution; (C) destruction of or tampering with evidence; (D) intimidation of potential witnesses; (E) interference with diplomatic relations; (F) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (G) otherwise seriously endangering the national security of the United States. (2) If the petition is filed within one year of the request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the court may modify or set aside such a nondisclosure requirement if it finds that there is no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person. If, at the time of the petition, the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of such department, agency, or instrumentality, certifies that disclosure may endanger the national security of the United States or interfere with diplomatic relations, such certification shall be treated as conclusive unless the court finds that the certification was made in bad faith. (3) If the petition is filed one year or more after the request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Federal Bureau Page 76

of Investigation, the head or deputy head of such department, agency, or instrumentality, within ninety days of the filing of the petition, shall either terminate the nondisclosure requirement or re-certify that disclosure may result in a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person. In the event of re-certification, the court may modify or set aside such a nondisclosure requirement if it finds that there is no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person. If the recertification that disclosure may endanger the national security of the United States or interfere with diplomatic relations is made by the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, such certification shall be treated as conclusive unless the court finds that the recertification was made in bad faith. If the court denies a petition for an order modifying or setting aside a nondisclosure requirement under this paragraph, the recipient shall be precluded for a period of one year from filing another petition to modify or set aside such nondisclosure requirement. (c) In the case of a failure to comply with a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the Attorney General may invoke the aid of any district court of the United States within the jurisdiction in which the investigation is carried on or the person or entity resides, carries on business, or may be found, to compel compliance with the request. The court may issue an order requiring the person or entity to comply with the request. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this section may be served in any judicial district in which the person or entity may be found. (d) In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947. Petitions, filings, records, orders, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947. (e) In all proceedings under this section, the court shall, upon request of the government, review ex parte and in camera any government submission or portions thereof, which may include classified information.

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18 USC 3511 note Crimes and Criminal Procedure: Criminal Procedure: Witnesses and Evidence
(a) Existing Reports.Any report made to a committee of Congress regarding national security letters under section 2709 (c)(1) of title 18, United States Code, section 626(d) or 627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681u (d) or 1681v (c)),section 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3414 (a)(3) or 3414 (a)(5)(D)), or section 802(b) of the National Security Act of 1947 (50 U.S.C. 436 (b)) shall also be made to the Committees on the Judiciary of the House of Representatives and the Senate. (b) Enhanced Oversight of Fair Credit Reporting Act Counterterrorism National Security Letter.[Amended section 1681v of Title 15, Commerce and Trade.] (c) Report on Requests for National Security Letters. (1) CLASSIFIED FORM. (A) IN GENERAL.Not later than March 1, 2015, and every 180 days thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the requests made under section 2709(a) of title 18, United States Code, section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)), section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), or section 802 of the National Security Act of 1947 (50 U.S.C. 3162) during the applicable period. (B) CONTENTS.Each report under subparagraph (A) shall include, for each provision of law described in subparagraph (A) (i) authorized requests under the provision, including requests for subscriber information; and (ii) the number of authorized requests under the provision (I) that relate to a United States person; (II) that relate to a person that is not a United States person; (III) that relate to a person that is (aa) the subject of an authorized national security investigation; or (bb) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and (IV) that relate to a person that is not known to be the subject of an authorized national security investigation. (2) UNCLASSIFIED FORM. (A) IN GENERAL.Not later than March 1, 2015, and every 180 days thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees

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concerning the aggregate total of all requests identified under paragraph (1) during the applicable period. Each report under this paragraph shall be in unclassified form. (B) CONTENTS.Each report under subparagraph (A) shall include the aggregate total of requests (i) that relate to a United States person; (ii) that relate to a person that is not a United States person; (iii) that relate to a person that is (I) the subject of an authorized national security investigation; or (II) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and (iv) that relate to a person that is not known to be the subject of an authorized national security investigation. (3) DEFINITIONS.In this subsection: (A) APPLICABLE PERIOD.The term applicable period means (i) with respect to the first report submitted under paragraph (1) or (2), the period beginning 180 days after the date of enactment of the USA FREEDOM Act and ending on December 31, 2014; and (ii) with respect to the second report submitted under paragraph (1) or (2), and each report thereafter, the 6-month period ending on the last day of the second month before the date for submission of the report. (B) UNITED STATES PERSON.The term United States person has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801). (1) In general.In April of each year, the Attorney General shall submit to Congress an aggregate report setting forth with respect to the preceding year the total number of requests made by the Department of Justice for information concerning different United States persons under (A) section 2709 of title 18, United States Code (to access certain communication service provider records), excluding the number of requests for subscriber information; (B) section 1114 of the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3414) (to obtain financial institution customer records); (C) section 802 of the National Security Act of 1947 (50 U.S.C. 436) (to obtain financial information, records, and consumer reports); (D) section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to obtain certain financial information and consumer reports); and (E) section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to obtain credit agency consumer records for counterterrorism investigations). (2) Unclassified form.The report under this section shall be submitted in unclassified form. (d) National Security Letter Defined.In this section, the term national security letter means a request for information under one of the following provisions of law: (1) Section 2709 (a) of title 18, United States Code (to access certain communication service provider records). (2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act [of 1978] (12 U.S.C. 3414 (a)(5)(A)) (to obtain financial institution customer records). (3) Section 802 of the National Security Act of 1947 (50 U.S.C. 436) (to obtain financial Page 79

information, records, and consumer reports). (4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) (to obtain certain financial information and consumer reports). (5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) (to obtain credit agency consumer records for counterterrorism investigations).

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15 USC 1681u. Disclosures to FBI for counterintelligence purposes

Commerce and Trade: Consumer Credit Protection: Credit Reporting Agencies
[Effective June 1, 2015, subsections (a) and (b) are amended to read as of October 25, 2001] (a) AUTHORIZATION. (1) IN GENERAL.The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a consumer reporting agency a request requiring the production of (A) the name of a consumer; (B) the current and former address of a consumer; (C) the current and former places of employment of a consumer; and (D) the name and address of any financial institution (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401)) at which a consumer maintains or has maintained an account, to the extent that the information is in the files of the consumer reporting agency. (2) LIMITATION.A request issued under this subsection may not require the production of a consumer report. (b) REQUIREMENTS. (1) IN GENERAL.A request issued under subsection (a) shall (A) be subject to the requirements of subsections (d) through (g) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and (B) include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought (i) are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to (I) obtain foreign intelligence information not concerning a United States person; or II) protect against international terrorism or clandestine intelligence activities; and (ii) pertain to (I) a foreign power or an agent of a foreign power; (II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or (III) an individual in contact with, or known to, a suspected agent of a foreign power. (2) DEFINITIONS.In this subsection, the terms agent of a foreign power, foreign intelligence information, foreign power, international terrorism, and United States person have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of Page 81

1978 (50 U.S.C. 1801). (a) Identity of financial institutions Notwithstanding section 1681b of this title or any other provision of this subchapter, a consumer reporting agency shall furnish to the Federal Bureau of Investigation the names and addresses of all financial institutions (as that term is defined in section 3401 of title 12) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency, when presented with a written request for that information, signed by the Director of the Federal Bureau of Investigation, or the Director's designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, which certifies compliance with this section. The Director or the Director's designee may make such a certification only if the Director or the Director's designee has determined in writing, that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States. (b) Identifying information Notwithstanding the provisions of section 1681b of this title or any other provision of this subchapter, a consumer reporting agency shall furnish identifying information respecting a consumer, limited to name, address, former addresses, places of employment, or former places of employment, to the Federal Bureau of Investigation when presented with a written request, signed by the Director or the Director's designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, which certifies compliance with this subsection. The Director or the Director's designee may make such a certification only if the Director or the Director's designee has determined in writing that such information is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States. (c) Court order for disclosure of consumer reports Notwithstanding section 1681b of this title or any other provision of this subchapter, if requested in writing by the Director of the Federal Bureau of Investigation, or a designee of the Director in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, a court may issue an order ex parte directing a consumer reporting agency to furnish a consumer report to the Federal Bureau of Investigation, upon a showing in camera that the consumer report is sought for the conduct of an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States. The terms of an order issued under this subsection shall not disclose that the order is issued for purposes of a counterintelligence investigation. (dc) ConfidentialityProhibitions of Certain Disclosure. (1) Prohibition. -Page 82

(1) (A) IN GENERAL.If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a) shall disclose or specify in any consumer report, that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a) or (b). (B) CERTIFICATION.The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in (i) endangering the life or physical safety of any person; (ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; (vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States. (2) EXCEPTION. (A) IN GENERAL.A consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) APPLICATION.A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) or (b) in the same manner as the person to whom the request is issued. (C) NOTICE.Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer Page 83

under subsection (a), (b), or (c), and no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information on a consumer report. (2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). (3) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1). (4D) Identification of Disclosure Recipients. -- At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) this section 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 request, except that nothing in this section shall require a person to inform the Director or such designee of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request for the identity of financial institutions or a consumer report respecting any consumer under this section. (3) Termination. In the case of any request for which a consumer reporting agency has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. (d) Judicial Review. (1) In general. A request under subsection (a) or a non-disclosure requirement imposed in connection with such request under subsection (c) shall be subject tto judicial review under section 3511 of title 18, United States Code. (2) Notice.A request under subsection (a) shall include enotice of the availability of judicial review described in paragraph (1). (ee) Payment of fees The Federal Bureau of Investigation shall, subject to the availability of appropriations, pay to the consumer reporting agency assembling or providing report or information in accordance with procedures established under this section a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching, reproducing, or transporting books, papers, records, or other data required or requested to be produced under this

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section. (f) Limit on dissemination The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside of the Federal Bureau of Investigation, except to other Federal agencies as may be necessary for the approval or conduct of a foreign counterintelligence investigation, or, where the information concerns a person subject to the Uniform Code of Military Justice, to appropriate investigative authorities within the military department concerned as may be necessary for the conduct of a joint foreign counterintelligence investigation. (g) Rules of construction Nothing in this section shall be construed to prohibit information from being furnished by the Federal Bureau of Investigation pursuant to a subpoena or court order, in connection with a judicial or administrative proceeding to enforce the provisions of this subchapter. Nothing in this section shall be construed to authorize or permit the withholding of information from the Congress. (h) Reports to Congress (1) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on Banking, Finance and Urban Affairs of the House of Representatives, and the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate concerning all requests made pursuant to subsections (a), (b), and (c) of this section. (2) In the case of the semiannual reports required to be submitted under paragraph (1) to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such reports shall be as provided in section 3106 of title 50. (fi) Damages Any agency or department of the United States obtaining or disclosing any consumer reports, records, or information contained therein in violation of this section is liable to the consumer to whom such consumer reports, records, or information relate in an amount equal to the sum of(1) $100, without regard to the volume of consumer reports, records, or information involved; (2) any actual damages sustained by the consumer as a result of the disclosure; (3) if the violation is found to have been willful or intentional, such punitive damages as a court may allow; and (4) in the case of any successful action to enforce liability under this subsection, the costs of the action, together with reasonable attorney fees, as determined by the court. (gj) Disciplinary actions for violations

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If a court determines that any agency or department of the United States has violated any provision of this section and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation. (hk) Good-faith exception Notwithstanding any other provision of this subchapter, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or identifying information pursuant to this subsection in good-faith reliance upon a certification of the Federal Bureau of Investigation pursuant to provisions of this section shall not be liable to any person for such disclosure under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. (hl) Limitation of remedies Notwithstanding any other provision of this subchapter, the remedies and sanctions set forth in this section shall be the only judicial remedies and sanctions for violation of this section. (im) Injunctive relief In addition to any other remedy contained in this section, injunctive relief shall be available to require compliance with the procedures of this section. In the event of any successful action under this subsection, costs together with reasonable attorney fees, as determined by the court, may be recovered.

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1681v. Disclosures to governmental agencies for counterterrorism purposes

(a) Disclosure Notwithstanding section 1681b of this title or any other provision of this subchapter, a consumer reporting agency shall furnish a consumer report of a consumer and all other information in a consumer's file to a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism when presented with a written certification by such government agency that such information is necessary for the agency's conduct or such investigation, activity or analysis. (b) Form of certification The certification described in subsection (a) of this section shall be signed by a supervisory official designated by the head of a Federal agency or an officer of a Federal agency whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate. (c) Confidentiality (1) If the head of a government agency authorized to conduct investigations of intelligence or counterintelligence activities or analysis related to international terrorism, or his designee, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, employee, or agent of such consumer reporting agency, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request), or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a). (2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). (3) Any recipient disclosing to those persons necessary to comply with the request or to any attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1). (4) At the request of the authorized government agency, any person making or intending to make a disclosure under this section shall identify to the requesting official of the authorized government agency the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, except that nothing in this section shall require a person to inform the requesting official of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request for information under subsection (a). (d) Rule of construction Page 87

Nothing in section 1681u of this title shall be construed to limit the authority of the Director of the Federal Bureau of Investigation under this section. (e) Safe harbor Notwithstanding any other provision of this subchapter, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or other information pursuant to this section in good-faith reliance upon a certification of a government agency pursuant to the provisions of this section shall not be liable to any person for such disclosure under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. (f) Reports to Congress (1) On a semi-annual basis, the Attorney General shall fully inform the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate concerning all requests made pursuant to subsection (a). (2) In the case of the semiannual reports required to be submitted under paragraph (1) to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such reports shall be as provided in section 3106 of title 50.

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50 USC 3162: Requests by authorized investigative agencies

War and National Defense: National Security: Access to Classified Information
[Effective June 1, 2015, this section is amended to read as it read on October 25, 2001] 3162. Requests by authorized investigative agencies (a) Generally (1) Any authorized investigative agency may request from any financial agency, financial institution, or holding company, or from any consumer reporting agency, such financial records, other financial information, and consumer reports as may be necessary in order to conduct any authorized law enforcement investigation, counterintelligence inquiry, or security determination. Any authorized investigative agency may also request records maintained by any commercial entity within the United States pertaining to travel by an employee in the executive branch of Government outside the United States. (2) Requests may be made under this section where(A) the records sought pertain to a person who is or was an employee in the executive branch of Government required by the President in an Executive order or regulation, as a condition of access to classified information, to provide consent, during a background investigation and for such time as access to the information is maintained, and for a period of not more than three years thereafter, permitting access to financial records, other financial information, consumer reports, and travel records; and (B)(i) there are reasonable grounds to believe, based on credible information, that the person is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power; (ii) information the employing agency deems credible indicates the person has incurred excessive indebtedness or has acquired a level of affluence which cannot be explained by other information known to the agency; or (iii) circumstances indicate the person had the capability and opportunity to disclose classified information which is known to have been lost or compromised to a foreign power or an agent of a foreign power. (3) Each such request(A) shall be accompanied by a written certification signed by the department or agency head or deputy department or agency head concerned, or by a senior official designated for this purpose by the department or agency head concerned (whose rank shall be no lower than Assistant Secretary or Assistant Director), and shall certify that(i) the person concerned is or was an employee within the meaning of paragraph (2)(A); Page 89

(ii) the request is being made pursuant to an authorized inquiry or investigation and is authorized under this section; and (iii) the records or information to be reviewed are records or information which the employee has previously agreed to make available to the authorized investigative agency for review; (B) shall contain a copy of the agreement referred to in subparagraph (A)(iii); (C) shall identify specifically or by category the records or information to be reviewed; and (D) shall inform the recipient of the request of the prohibition described in subsection (b) of this section. (b) Prohibition of certain disclosure (1) Prohibition (A1) In General. -- If an certification is used under subparagraph (B) and notice of the right to judicial review under subsection (c) is provided, authorized investigative agency described in subsection (a) certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no governmental or private entity, or officer, employee, or agent of such entitythereof, that receives a request under subsection (a), may shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that such authorized investigative entity described in subsection (a) has sought or obtained access to information under subsection (a)received or satisfied a request made by an authorized investigative agency under this section. (2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). (3) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1). (B) CERTIFICATION.The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that the absence of a prohibition of disclosure under this subsection may result in (i) endangering the life or physical safety of any person; (ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; Page 90

(vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States. (2) EXCEPTION. (A) IN GENERAL.A governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a). (B) APPLICATION.A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued. (C) NOTICE.Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement. (D4) Identification of Disclosure Recipients. --At the request of the head of an authorized investigative agency described in subsection (a), or a designee, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) this section shall identify to the head of the authorized investigative agency requesting official of the authorized investigative agency or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, except that nothing in this section shall require a person to inform the requesting official of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request under subsection (a) (3) Termination -- .In the case of any request for which a governmental or private entity has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure agreement cease to exist, an appropriate official of the authorized investigavite agency described in subsection (a) shall promptly notify the government or private entity, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. (c) Judicial Review. (1) In general. A request under subsection (a) or a non-disclosure requirement imposed in connection with such request under subsection (c) shall be subject tto judicial review under section 3511 of title 18, United States Code. (2) Notice.A request under subsection (a) shall include enotice of the availability of judicial review described in paragraph (1). Page 91

(dc) Records or information; inspection or copying (1) Notwithstanding any other provision of law (other than section 6103 of title 26), an entity receiving a request for records or information under subsection (a) of this section shall, if the request satisfies the requirements of this section, make available such records or information within 30 days for inspection or copying, as may be appropriate, by the agency requesting such records or information. (2) Any entity (including any officer, employee, or agent thereof) that discloses records or information for inspection or copying pursuant to this section in good faith reliance upon the certifications made by an agency pursuant to this section shall not be liable for any such disclosure to any person under this subchapter, the constitution of any State, or any law or regulation of any State or any political subdivision of any State. (ed) Reimbursement of costs Any agency requesting records or information under this section may, subject to the availability of appropriations, reimburse a private entity for any cost reasonably incurred by such entity in responding to such request, including the cost of identifying, reproducing, or transporting records or other data. (fe) Dissemination of records or information received An agency receiving records or information pursuant to a request under this section may disseminate the records or information obtained pursuant to such request outside the agency only(1) to the agency employing the employee who is the subject of the records or information; (2) to the Department of Justice for law enforcement or counterintelligence purposes; or (3) with respect to dissemination to an agency of the United States, if such information is clearly relevant to the authorized responsibilities of such agency. (f) Construction of section Nothing in this section may be construed to affect the authority of an investigative agency to obtain information pursuant to the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) or the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

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TELEPHONE TOLL AND TRANSACTIONAL RECORDS

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18 USC 2709: Counterintelligence access to telephone toll and transaction records

Crimes and Criminal Procedure: Crimes: Stored Wire and Electronic Communications and Transactional Records Access
[Note, effective June 1, 2015, section 2709 is amended to read as such provision read on October 25, 2001)] 2709. Counterintelligence access to telephone toll and transactional records (a) Duty to Provide.-A wire or electronic communication service provider shall comply with a request for subscriber information and toll billing records information, or electronic communication transactional records in its custody or possession made by the Director of the Federal Bureau of Investigation under subsection (b) of this section. (b) Required Certification.-The Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may(1) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that --(1) the name, address, length of service, and toll billing records sought are relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the first amendment to the Constitution of the United States; and (2) there are reasonable grounds to believe that the name, address, length of service, and toll billings records sought pertain to (A) a foreign power or agent of a foreign power; (B) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation or (C) an individual in contact with, or know to, a suspected agent of a foreign power. (2) request the name, address, and length of service of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that the information sought is relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution of the United States. (c) Prohibition of Certain Disclosure.-

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(1) Prohibition. (A) In General. -- If a certification is issued under subparagraph (B) and notice of the right to judicial review under subsection (d) is provided, no wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (b), shall disclose to any person that the Director of the Federal Bureau of Investigation has sought or obtained access to information or records under this section. (B) CERTIFICATION.The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that the absence of a prohibition of disclosure under this subsection may result in (i) endangering the life or physical safety of any person; (ii) flight from investigation or prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of potential witnesses; (v) interference with diplomatic relations; (vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or (vii) otherwise seriously endangering the national security of the United States. (2) EXCEPTION. (A) IN GENERAL.A wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (b) may disclose information otherwise subject to any applicable nondisclosure requirement to (i) those persons to whom disclosure is necessary in order to comply with the request; (ii) an attorney in order to obtain legal advice or assistance regarding the request; or (iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. (B) APPLICATION.A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (b) in the same manner as the person to whom the request is issued. (C) NOTICE.Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement.If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no wire or electronic communications service provider, or officer, employee, or agent thereof, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an Page 95

attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained access to information or records under this section. (2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1). (3) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such person of any applicable nondisclosure requirement. Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1). (4D) Identification of Disclosure Recipients -- At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) this section 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 request, except that nothing in this section shall require a person to inform the Director or such designee of the identity of an attorney to whom disclosure was made or will be made to obtain legal advice or legal assistance with respect to the request under subsection (a). (3) Termination. In the case of any request for which a recipient has submitted a notification or filed a petition for judicial review under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the wire or electronic service provider, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect. (d) Judicial Review. (1) In general. A request under subsection (b) or a non-disclosure requirement imposed in connection with such request under subsection (c) shall be subject to judicial review under section 351.. (2) Notice. A request under subsection (b) shall include notice of the availability of judicial review described in paragraph (1). (de) Dissemination by Bureau.-The Federal Bureau of Investigation may disseminate information and records obtained under this section only as provided in guidelines approved by the Attorney General for foreign intelligence collection and foreign counterintelligence investigations conducted by the Federal Bureau of Investigation, and, with respect to dissemination to an agency of the United States, only if such information is clearly relevant to the authorized responsibilities of such agency. (fe) Requirement That Certain Congressional Bodies Be Informed.-On a semiannual basis the Director of the Federal Bureau of Investigation shall fully inform the Permanent Select Page 96

Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, and the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, concerning all requests made under subsection (b) of this section. (gf) Libraries.-A library (as that term is defined in section 213(1) of the Library Services and Technology Act (20 U.S.C. 9122(1)), the services of which include access to the Internet, books, journals, magazines, newspapers, or other similar forms of communication in print or digitally by patrons for their use, review, examination, or circulation, is not a wire or electronic communication service provider for purposes of this section, unless the library is providing the services defined in section 2510(15) (electronic communication service) of this title. (h) For purposes of this subsection, the terms agent of a foreign power, foreign power, international terrorism, and Unitd States person have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801.)

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PCLOB

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42 USC 2000ee. Privacy and Civil Liberties Oversight Board

Public Health and Welfare: Privacy and Civil Liberties Protection and Oversight
(a) In general There is established as an independent agency within the executive branch a Privacy and Civil Liberties Oversight Board (referred to in this section as the Board). (b) Findings Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings: (1) In conducting the war on terrorism, the Government may need additional powers and may need to enhance the use of its existing powers. (2) This shift of power and authority to the Government calls for an enhanced system of checks and balances to protect the precious liberties that are vital to our way of life and to ensure that the Government uses its powers for the purposes for which the powers were given. (3) The National Commission on Terrorist Attacks Upon the United States correctly concluded that The choice between security and liberty is a false choice, as nothing is more likely to endanger America's liberties than the success of a terrorist attack at home. Our history has shown us that insecurity threatens liberty. Yet, if our liberties are curtailed, we lose the values that we are struggling to defend.. (c) Purpose The Board shall(1) analyze and review actions the executive branch takes to protect the Nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; and (2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism. (d) Functions (1) Advice and counsel on policy development and implementation The Board shall(A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the development and adoption of information sharing guidelines under subsections (d) and (f) of section 485 of title 6;

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(B) review the implementation of new and existing legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the implementation of information sharing guidelines under subsections (d) and (f) of section 485 of title 6; (C) advise the President and the departments, agencies, and elements of the executive branch to ensure that privacy and civil liberties are appropriately considered in the development and implementation of such legislation, regulations, policies, and guidelines; and (D) in providing advice on proposals to retain or enhance a particular governmental power, consider whether the department, agency, or element of the executive branch has established(i) that the need for the power is balanced with the need to protect privacy and civil liberties; (ii) that there is adequate supervision of the use by the executive branch of the power to ensure protection of privacy and civil liberties; and (iii) that there are adequate guidelines and oversight to properly confine its use. (2) Oversight The Board shall continually review(A) the regulations, policies, and procedures, and the implementation of the regulations, policies, and procedures, of the departments, agencies, and elements of the executive branch relating to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected; (B) the information sharing practices of the departments, agencies, and elements of the executive branch relating to efforts to protect the Nation from terrorism to determine whether they appropriately protect privacy and civil liberties and adhere to the information sharing guidelines issued or developed under subsections (d) and (f) of section 485 of title 6 and to other governing laws, regulations, and policies regarding privacy and civil liberties; and (C) other actions by the executive branch relating to efforts to protect the Nation from terrorism to determine whether such actions(i) appropriately protect privacy and civil liberties; and (ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties. (3) Relationship with privacy and civil liberties officers The Board shall(A) receive and review reports and other information from privacy officers and civil liberties officers under section 2000ee1 of this title;

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(B) when appropriate, make recommendations to such privacy officers and civil liberties officers regarding their activities; and (C) when appropriate, coordinate the activities of such privacy officers and civil liberties officers on relevant interagency matters. (4) Testimony The members of the Board shall appear and testify before Congress upon request. (e) Reports (1) In general The Board shall(A) receive and review reports from privacy officers and civil liberties officers under section 2000ee1 of this title; and (B) periodically submit, not less than semiannually, reports(i)(I) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives; and (II) to the President; and (ii) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary. (2) Contents Not less than 2 reports submitted each year under paragraph (1)(B) shall include(A) a description of the major activities of the Board during the preceding period; (B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d); (C) the minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d); (D) each proposal reviewed by the Board under subsection (d)(1) that(i) the Board advised against implementation; and (ii) notwithstanding such advice, actions were taken to implement; and Page 101

(E) for the preceding period, any requests submitted under subsection (g)(1)(D) for the issuance of subpoenas that were modified or denied by the Attorney General. (f) Informing the public The Board shall(1) make its reports, including its reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and (2) hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law. (g) Access to information (1) Authorization If determined by the Board to be necessary to carry out its responsibilities under this section, the Board is authorized to(A) have access from any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element, to all relevant records, reports, audits, reviews, documents, papers, recommendations, or other relevant material, including classified information consistent with applicable law; (B) interview, take statements from, or take public testimony from personnel of any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element; (C) request information or assistance from any State, tribal, or local government; and (D) at the direction of a majority of the members of the Board, submit a written request to the Attorney General of the United States that the Attorney General require, by subpoena, persons (other than departments, agencies, and elements of the executive branch) to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence. (2) Review of subpoena request (A) In general Not later than 30 days after the date of receipt of a request by the Board under paragraph (1)(D), the Attorney General shall(i) issue the subpoena as requested; or (ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request has been modified or denied. (B) Notification

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If a subpoena request is modified or denied under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date of that modification or denial, notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. (23) Enforcement of subpoena In the case of contumacy or failure to obey a subpoena issued pursuant to paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena. (34) Agency cooperation Whenever information or assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused or not provided, the Board shall report the circumstances to the head of the department, agency, or element concerned without delay. The head of the department, agency, or element concerned shall ensure that the Board is given access to the information, assistance, material, or personnel the Board determines to be necessary to carry out its functions. (h) Membership (1) Members The Board shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, expertise in civil liberties and privacy, and relevant experience, and without regard to political affiliation, but in no event shall more than 3 members of the Board be members of the same political party. The President shall, before appointing an individual who is not a member of the same political party as the President, consult with the leadership of that party, if any, in the Senate and House of Representatives. (3) Incompatible office An individual appointed to the Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the Board. (4) Term Each member of the Board shall serve a term of 6 years, except that(A) a member appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term; and (B) upon the expiration of the term of office of a member, the member shall continue to serve until the member's successor has been appointed and qualified, except that no member may serve under this subparagraph-

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(i) for more than 60 days when Congress is in session unless a nomination to fill the vacancy shall have been submitted to the Senate; or (ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted. (5) Quorum and meetings The Board shall meet upon the call of the chairman or a majority of its members. Three members of the Board shall constitute a quorum. (i) Compensation and travel expenses (1) Compensation (A) Chairman The chairman of the Board shall be compensated at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5. (B) Members Each member of the Board shall be compensated at a rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5 for each day during which that member is engaged in the actual performance of the duties of the Board. (2) Travel expenses Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently by the Government under section 5703(b) 1 of title 5, while away from their homes or regular places of business in the performance of services for the Board. (j) Staff (1) Appointment and compensation The chairman of the Board, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of a full-time executive director and such other personnel as may be necessary to enable the Board to carry out its functions, without regard to the provisions of title 5 governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5. (2) Detailees Any Federal employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of the detailee's regular employment without interruption. (3) Consultant services

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The Board may procure the temporary or intermittent services of experts and consultants in accordance with section 3109 of title 5, at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title. (k) Security clearances (1) In general The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Board to expeditiously provide the Board members and staff with appropriate security clearances to the extent possible under existing procedures and requirements. (2) Rules and procedures After consultation with the Secretary of Defense, the Attorney General, and the Director of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer, document, personnel, and other security relating to carrying out the functions of the Board. (l) Treatment as agency, not as advisory committee The Board(1) is an agency (as defined in section 551(1) of title 5); and (2) is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)). (m) Authorization of appropriations There are authorized to be appropriated to carry out this section amounts as follows: (1) For fiscal year 2008, $5,000,000. (2) For fiscal year 2009, $6,650,000. (3) For fiscal year 2010, $8,300,000. (4) For fiscal year 2011, $10,000,000. (5) For fiscal year 2012 and each subsequent fiscal year, such sums as may be necessary.

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