Text: S.1551 — 113th Congress (2013-2014)

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[Congressional Bills 113th Congress]
[From the U.S. Government Printing Office]
[S. 1551 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1551

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 25 (legislative day, September 24), 2013

  Mr. Wyden (for himself, Mr. Udall of Colorado, Mr. Blumenthal, Mr. 
Paul, and Mr. Udall of New Mexico) introduced the following bill; which 
     was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


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

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Oversight and Surveillance Reform Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
               AND INTERNATIONAL TERRORISM INVESTIGATIONS

Sec. 101. Privacy protections for section 215 business records orders.
Sec. 102. Emergency authority for access to call data records.
  TITLE II--PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE 
                                DEVICES

Sec. 201. Privacy protections for pen registers and trap and trace 
                            devices.
TITLE III--PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED 
                STATES OTHER THAN UNITED STATES PERSONS

Sec. 301. Clarification on prohibition on searching of collections of 
                            communications to conduct warrantless 
                            searches for the communications of United 
                            States persons.
Sec. 302. Protection against collection of wholly domestic 
                            communications not concerning terrorism 
                            under FISA Amendments Act.
Sec. 303. Prohibition on reverse targeting under FISA Amendments Act.
Sec. 304. Limits on use of unlawfully obtained information under FISA 
                            Amendments Act.
Sec. 305. Challenges to Government surveillance.
       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Sec. 401. Definitions.
Sec. 402. Office of the Constitutional Advocate.
Sec. 403. Advocacy before the FISA Court.
Sec. 404. Advocacy before the petition review pool.
Sec. 405. Appellate review.
Sec. 406. Disclosure.
Sec. 407. Annual report to Congress.
Sec. 408. Preservation of rights.
               TITLE V--NATIONAL SECURITY LETTER REFORMS

Sec. 501. National security letter authority.
Sec. 502. Public reporting on National Security Letters.
     TITLE VI--REPORTING FISA ORDERS AND NATIONAL SECURITY LETTERS

Sec. 601. Third-party reporting of FISA orders and National Security 
                            Letters.
Sec. 602. Government reporting of FISA orders.
    TITLE VII--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA 
                               AUTHORITY

Sec. 701. Privacy and Civil Liberties Oversight Board subpoena 
                            authority.

 TITLE I--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
               AND INTERNATIONAL TERRORISM INVESTIGATIONS

SEC. 101. PRIVACY PROTECTIONS FOR SECTION 215 BUSINESS RECORDS ORDERS.

    (a) Privacy Protections for Section 215 Business Records Orders.--
            (1) In general.--Section 501(b) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861(b)) is amended--
                    (A) in paragraph (1)(B), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking subparagraphs (A) 
                and (B) and inserting the following:
                    ``(A) a statement of facts showing that there are 
                reasonable grounds to believe that the records or other 
                things sought--
                            ``(i) are relevant to an authorized 
                        investigation (other than a threat assessment) 
                        conducted in accordance with subsection (a)(2) 
                        to obtain foreign intelligence information not 
                        concerning a United States person or to 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; and
                    ``(B) a statement of proposed minimization 
                procedures; and''; and
                    (C) by adding at the end the following:
            ``(3) if the applicant is seeking a nondisclosure 
        requirement described in subsection (d), shall include--
                    ``(A) a statement of specific and articulable facts 
                providing reason 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 the applicable time 
                period will result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations; or
                            ``(vi) otherwise seriously endangering the 
                        national security of the United States by 
                        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;
                    ``(B) an explanation of how the harm identified 
                under subparagraph (A) is related to the authorized 
                investigation to which the tangible things sought are 
                relevant;
                    ``(C) an explanation of how the nondisclosure 
                requirement is narrowly tailored to address the 
                specific harm identified under subparagraph (A); and
                    ``(D) the time period during which the Government 
                believes the nondisclosure requirement should apply.''.
            (2) Order.--Section 501(c) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``subsections (a) and 
                        (b),'' and inserting ``subsection (a) and 
                        paragraphs (1) and (2) of subsection (b) and 
                        that the proposed minimization procedures meet 
                        the definition of minimization procedures under 
                        subsection (g),''; and
                            (ii) by striking the last sentence and 
                        inserting the following: ``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 nondisclosure, 
                        subject to the principles and procedures 
                        described in subsection (d).''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (C), by striking 
                        ``(d);'' and inserting ``(d), if applicable;'';
                            (ii) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (iii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(F) shall direct that the minimization procedures 
                be followed.''.
            (3) Nondisclosure.--Section 501(d) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is 
        amended to read as follows:
    ``(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 nondisclosure requirement during the time period to which 
        the requirement applies.
            ``(2) Exception.--
                    ``(A) Disclosure.--A person who receives an order 
                under subsection (c) that contains a nondisclosure 
                requirement may disclose information otherwise subject 
                to any applicable nondisclosure requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with an order 
                        under this section;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the order; 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 an order is directed under this section in the 
                same manner as the person to whom the order is 
                directed.
                    ``(C) Notification.--Any person who discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                notify the person of the applicable nondisclosure 
                requirement.
            ``(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 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).''.
            (4) Minimization.--Section 501(g) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is 
        amended--
                    (A) in paragraph (1), by striking ``Not later 
                than'' and all that follows and inserting ``At or 
                before the end of the period of time for the production 
                of tangible things under an order approved under this 
                section or at any time after the production of tangible 
                things under an order approved under this section, a 
                judge may assess compliance with the minimization 
                procedures by reviewing the circumstances under which 
                information concerning United States persons was 
                acquired, retained, or disseminated.''; and
                    (B) in paragraph (2)(A), by inserting ``acquisition 
                and'' after ``to minimize the''.
    (b) Judicial Review of Section 215 Orders.--Section 501(f)(2) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861(f)(2)) is amended--
            (1) in subparagraph (A)(i)--
                    (A) by striking ``that order'' and inserting ``such 
                production order or any nondisclosure order imposed in 
                connection with such production order''; and
                    (B) by striking the second sentence;
            (2) by striking subparagraph (C) and inserting the 
        following new subparagraph:
    ``(C) A judge considering a petition to modify or set aside a 
nondisclosure order shall grant such petition unless the court 
determines that--
            ``(i) there is reason to believe that disclosure of the 
        information subject to the nondisclosure requirement during the 
        applicable time period will result in--
                    ``(I) endangering the life or physical safety of 
                any person;
                    ``(II) flight from prosecution;
                    ``(III) destruction of or tampering with evidence;
                    ``(IV) intimidation of potential witnesses;
                    ``(V) interference with diplomatic relations; or
                    ``(VI) otherwise seriously endangering the national 
                security of the United States by 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;
            ``(ii) the harm identified under clause (i) relates to the 
        authorized investigation to which the tangible things sought 
        are relevant; and
            ``(iii) the nondisclosure requirement is narrowly tailored 
        to address the specific harm identified under clause (i).''; 
        and
            (3) by adding at the end the following new subparagraph:
    ``(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.''.

SEC. 102. EMERGENCY AUTHORITY FOR ACCESS TO CALL DATA RECORDS.

    (a) In General.--Section 403 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1843) is amended by adding at the 
end the following:
    ``(e)(1) Notwithstanding any other provision of this subsection, 
the Attorney General may require the production of call data records by 
the provider of a wire or electronic communication service on an 
emergency basis if--
            ``(A) such records--
                    ``(i) are relevant to an authorized investigation 
                (other than a threat assessment) conducted in 
                accordance with section 402 or 501, as appropriate, to 
                obtain foreign intelligence information not concerning 
                a United States person or to 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;
            ``(B) the Attorney General reasonably determines--
                    ``(i) an emergency requires the production of such 
                records before an order requiring such production can 
                with due diligence be obtained under section 402 or 
                501, as appropriate; and
                    ``(ii) the factual basis for issuance of an order 
                under section 402 or 501, as appropriate, to require 
                the production of such records exists;
            ``(C) a judge referred to in section 402(b) or 501(b)(1), 
        as appropriate, is informed by 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
            ``(D) an application in accordance with section 402 or 501, 
        as appropriate, 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 
        subsection.
    ``(2)(A) In the absence of an order issued under section 402 or 
501, as appropriate, to approve the emergency required production of 
call data records under paragraph (1), the authority to require the 
production of such records shall terminate at the earlier of--
            ``(i) when the information sought is obtained;
            ``(ii) when the application for the order is denied under 
        section 402 or 501, as appropriate; or
            ``(iii) 7 days after the time of the authorization by the 
        Attorney General.
    ``(B) If an application for an order applied for under section 402 
or 501, as appropriate, for the production of call data records 
required to be produced pursuant to paragraph (1) is denied, or in any 
other case where the emergency production of call data records under 
this section is terminated and no order under section 402 or 501, as 
appropriate, 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.''.
    (b) Termination of Section 501 References.--On the date that 
section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note) takes effect, 
subsection (e) of section 403 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1843), as added by paragraph (1), is amended--
            (1) by striking ``or section 501, as appropriate,'' each 
        place that term appears;
            (2) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``or 501, as 
                appropriate;'' and by inserting a semicolon; and
                    (B) in subparagraph (C), by striking ``or 
                501(b)(1), as appropriate,''; and
            (3) in paragraph (2)(A)(ii), by striking ``or 501, as 
        appropriate;'' and by inserting a semicolon.

  TITLE II--PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE 
                                DEVICES

SEC. 201. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE 
              DEVICES.

    (a) Application.--Section 402(c) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(c)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end; and
            (2) by striking paragraph (2) and inserting the following 
        new paragraphs:
            ``(2) a statement of facts showing that there are 
        reasonable grounds to believe that the records sought--
                    ``(A) are relevant 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; 
                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.''.
    (b) Minimization.--
            (1) Definition.--Section 401 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding 
        at the end the following:
            ``(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 
                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.''.
            (2) Pen registers and trap and trace devices.--Section 402 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1842) is amended--
                    (A) in subsection (d)--
                            (i) in paragraph (1), by inserting ``, and 
                        that the proposed minimization procedures meet 
                        the definition of minimization procedures under 
                        this title'' before the period at the end; and
                            (ii) in paragraph (2)(B)--
                                    (I) in clause (ii)(II), by striking 
                                ``and'' after the semicolon; and
                                    (II) by adding at the end the 
                                following:
                            ``(iv) the minimization procedures be 
                        followed; and''; and
                    (B) by adding at the end the following:
    ``(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 the minimization procedures by reviewing the 
circumstances under which information concerning United States persons 
was acquired, retained, or disseminated.''.
            (3) Emergencies.--Section 403 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1843), as amended by 
        section 102(a), is further amended--
                    (A) by redesignating subsection (c) as (d); and
                    (B) by inserting after subsection (b) the 
                following:
    ``(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.''.
            (4) Use of information.--Section 405(a)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) is 
        amended by striking the period at the end and inserting ``and 
        the minimization procedures required under the order approving 
        such pen register or trap and trace device.''.

TITLE III--PROCEDURES FOR TARGETING CERTAIN PERSONS OUTSIDE THE UNITED 
                STATES OTHER THAN UNITED STATES PERSONS

SEC. 301. CLARIFICATION ON PROHIBITION ON SEARCHING OF COLLECTIONS OF 
              COMMUNICATIONS TO CONDUCT WARRANTLESS SEARCHES FOR THE 
              COMMUNICATIONS OF UNITED STATES PERSONS.

    Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(b)) is amended--
            (1) by redesignating paragraphs (1) through (5) as 
        subparagraphs (A) through (E), respectively, and indenting such 
        subparagraphs, as so redesignated, an additional two ems from 
        the left margin;
            (2) by striking ``An acquisition'' and inserting the 
        following:
            ``(1) In general.--An acquisition''; and
            (3) by adding at the end the following:
            ``(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 the 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 electronic surveillance or physical 
                        search under section 105, 304, 703, 704, or 705 
                        of this Act, or under 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.''.

SEC. 302. PROTECTION AGAINST COLLECTION OF WHOLLY DOMESTIC 
              COMMUNICATIONS NOT CONCERNING TERRORISM UNDER FISA 
              AMENDMENTS ACT.

    (a) In General.--Section 702 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1881a) is amended--
            (1) in subsection (d)(1)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) limit the acquisition of the contents of any 
                communication to communications to which any party is a 
                target of the acquisition or communications that refer 
                to the target of the acquisition, if such 
                communications are acquired to protect against 
                international terrorism.''; and
            (2) in subsection (i)(2)(B)--
                    (A) in clause (i), by striking ``and'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                            ``(iii) limit the acquisition of the 
                        contents of any communication to communications 
                        to which any party is a target of the 
                        acquisition or communications that refer to the 
                        target of the acquisition, if such 
                        communications are acquired to protect against 
                        international terrorism.''.
    (b) Conforming Amendment.--Section 701(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881(a)) is amended by 
inserting ```international terrorism','' after ```foreign power',''.

SEC. 303. PROHIBITION ON REVERSE TARGETING UNDER FISA AMENDMENTS ACT.

    Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a), as amended by sections 301 and 302 of this Act, is 
further amended--
            (1) in paragraph (1)(B) of subsection (b), as redesignated 
        by section 301, by striking ``the purpose'' and inserting ``a 
        significant purpose'';
            (2) in subsection (d)(1)(A)--
                    (A) by striking ``ensure that'' and inserting the 
                following: ``ensure--
                            ``(i) that''; and
                    (B) by adding at the end the following:
                            ``(ii) that an application is filed under 
                        title I, if otherwise required, when a 
                        significant purpose of an acquisition 
                        authorized under subsection (a) is to acquire 
                        the communications of a particular, known 
                        person reasonably believed to be located in the 
                        United States; and'';
            (3) in subsection (g)(2)(A)(i)(I)--
                    (A) by striking ``ensure that'' and inserting the 
                following: ``ensure--
                                            ``(aa) that''; and
                    (B) by adding at the end the following:
                                            ``(bb) that an application 
                                        is filed under title I, if 
                                        otherwise required, when a 
                                        significant purpose of an 
                                        acquisition authorized under 
                                        subsection (a) is to acquire 
                                        the communications of a 
                                        particular, known person 
                                        reasonably believed to be 
                                        located in the United States; 
                                        and''; and
            (4) in subsection (i)(2)(B)(i)--
                    (A) by striking ``ensure that'' and inserting the 
                following: ``ensure--
                                    ``(I) that''; and
                    (B) by adding at the end the following:
                                    ``(II) that an application is filed 
                                under title I, if otherwise required, 
                                when a significant purpose of an 
                                acquisition authorized under subsection 
                                (a) is to acquire the communications of 
                                a particular, known person reasonably 
                                believed to be located in the United 
                                States; and''.

SEC. 304. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION UNDER FISA 
              AMENDMENTS ACT.

    Section 702(i)(3) of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1881a(i)(3)) is amended by striking subparagraph (B) 
and inserting the following:
                    ``(B) Correction of deficiencies.--
                            ``(i) In general.--If the Court finds that 
                        a certification required by subsection (g) does 
                        not contain all of the required elements, or 
                        that the procedures 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 order of the Court--
                                    ``(I) correct any deficiency 
                                identified by the order of the Court 
                                not later than 30 days after the date 
                                on which the Court issues the order; or
                                    ``(II) 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.''.

SEC. 305. CHALLENGES TO GOVERNMENT SURVEILLANCE.

    Section 702 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a), as amended by this title, is further amended by 
adding at the end the following new subsection:
    ``(m) Challenges to Government Surveillance.--
            ``(1) Injury in fact.--In any claim in a civil action 
        brought in a court of the United States relating to 
        surveillance conducted under this section, the person asserting 
        the claim has suffered an injury in fact if the person--
                    ``(A) has a reasonable basis to believe that the 
                person's communications will be acquired under this 
                section; and
                    ``(B) has taken objectively reasonable steps to 
                avoid surveillance under this section.
            ``(2) Reasonable basis.--A person shall be presumed to have 
        demonstrated a reasonable basis to believe that the 
        communications of the person will be acquired under this 
        section if the profession of the person requires the person 
        regularly to communicate foreign intelligence information with 
        persons who--
                    ``(A) are not United States persons; and
                    ``(B) are located outside the United States.
            ``(3) Objective steps.--A person shall be presumed to have 
        taken objectively reasonable steps to avoid surveillance under 
        this section if the person demonstrates that the steps were 
        taken in reasonable response to rules of professional conduct 
        or analogous professional rules.''.

       TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

SEC. 401. DEFINITIONS.

    In this title:
            (1) Constitutional advocate.--The term ``Constitutional 
        Advocate'' means the Constitutional Advocate appointed under 
        section 402(b).
            (2) Decision.--The term ``decision'' means a decision, 
        order, or opinion issued by the FISA Court or the FISA Court of 
        Review.
            (3) FISA.--The term ``FISA'' means the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801 et seq.).
            (4) FISA court.--The term ``FISA Court'' means the court 
        established under section 103(a) of FISA (50 U.S.C. 1803(a)).
            (5) FISA court of review.--The term ``FISA Court of 
        Review'' means the court of review established under section 
        103(b) of FISA (50 U.S.C. 1803(b)).
            (6) Office.--The term ``Office'' means the Office of the 
        Constitutional Advocate established under section 402(a).
            (7) Petition review pool.--The term ``petition review 
        pool'' means the petition review pool established by section 
        103(e) of FISA (50 U.S.C. 1803(e)) or any member of that pool.
            (8) 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) of 
        FISA (50 U.S.C. 1871(c)).

SEC. 402. OFFICE OF THE CONSTITUTIONAL ADVOCATE.

    (a) Establishment.--There is established within the judicial branch 
of the United States an Office of the Constitutional Advocate.
    (b) Constitutional Advocate.--
            (1) In general.--The head of the Office is the 
        Constitutional Advocate.
            (2) Appointment and term.--
                    (A) Appointment.--The Chief Justice of the United 
                States shall appoint the Constitutional Advocate from 
                the list of candidates submitted under subparagraph 
                (B).
                    (B) Candidates.--
                            (i) List of candidates.--The Privacy and 
                        Civil Liberties Oversight Board shall submit to 
                        the Chief Justice a list of not less than 5 
                        qualified candidates to serve as a 
                        Constitutional Advocate.
                            (ii) Selection of candidates.--In preparing 
                        a list described in clause (i), the Privacy and 
                        Civil Liberties Oversight Board shall select 
                        candidates the Board believes will be zealous 
                        and effective advocates in defense of civil 
                        liberties and consider each potential 
                        candidate's--
                                    (I) litigation and other 
                                professional experience;
                                    (II) experience with the areas of 
                                law the Constitutional Advocate is 
                                likely to encounter in the course of 
                                the Advocate's duties; and
                                    (III) demonstrated commitment to 
                                civil liberties.
                    (C) Security clearance.--An individual may be 
                appointed Constitutional Advocate without regard to 
                whether the individual possesses a security clearance 
                on the date of the appointment.
                    (D) Term and dismissal.--A Constitutional Advocate 
                shall be appointed for a term of 3 years and may be 
                fired 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 Constitutional 
                Advocate. The reappointment of a Constitutional 
                Advocate shall be made in the same manner as 
                appointment of a Constitutional Advocate.
                    (F) Acting constitutional advocate.--If the 
                position of Constitutional Advocate is vacant, the 
                Chief Justice may appoint an Acting Constitutional 
                Advocate from among the qualified employees of the 
                Office. If there are no such qualified employees, the 
                Chief Justice may appoint an Acting Constitutional 
                Advocate from the most recent list of candidates 
                provided by the Privacy and Civil Liberties Oversight 
                Board pursuant to subparagraph (B). The Acting 
                Constitutional Advocate shall have all of the powers of 
                a Constitutional Advocate and shall serve until a 
                Constitutional Advocate is appointed.
            (3) Employees.--The Constitutional Advocate is authorized, 
        without regard to the civil service laws and regulations, to 
        appoint and terminate employees of the Office.
    (c) 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 Constitutional Advocate and appropriate 
employees of the Office with the security clearances necessary to carry 
out the duties of the Constitutional Advocate.
    (d) Duties and Authorities of the Constitutional Advocate.--
            (1) In general.--The Constitutional Advocate--
                    (A) shall review each application to the FISA Court 
                by the Attorney General;
                    (B) shall review each decision of the FISA Court, 
                the petition review pool, or the FISA Court of Review 
                issued after the date of the enactment of this Act and 
                all documents and other material relevant to such 
                decision in a complete, unredacted form;
                    (C) may participate in a proceeding before the 
                petition review pool if such participation is requested 
                by a party in such a proceeding or by the petition 
                review pool;
                    (D) shall consider any request from a provider who 
                has been served with an order, certification, or 
                directive compelling the provider to provide assistance 
                to the Government or to release customer information to 
                assist that provider in a proceeding before the FISA 
                Court or the petition review pool, including a 
                request--
                            (i) to oppose the Government on behalf of 
                        the private party in such a proceeding; or
                            (ii) to provide guidance to the private 
                        party if the private party is considering 
                        compliance with an order of the FISA Court;
                    (E) shall participate in a proceeding before the 
                FISA Court if appointed to participate by the FISA 
                Court under section 403(a) and may participate in a 
                proceeding before the petition review pool if 
                authorized under section 404(a);
                    (F) may request to participate in a proceeding 
                before the FISA Court or the petition review pool;
                    (G) shall participate in such a proceeding if such 
                request is granted;
                    (H) may request reconsideration of a decision of 
                the FISA Court under section 403(b);
                    (I) may appeal or seek review of a decision of the 
                FISA Court, the petition review pool, or the FISA Court 
                of Review, as permitted by this title; and
                    (J) shall participate in such appeal or review.
            (2) Advocacy.--The Constitutional Advocate shall protect 
        individual rights by vigorously advocating before the FISA 
        Court, the petition review pool, or the FISA Court of Review, 
        as appropriate, in support of legal interpretations that 
        minimize the scope of surveillance and the extent of data 
        collection and retention.
            (3) Utilization of outside counsel.--The Constitutional 
        Advocate--
                    (A) may delegate to a competent outside counsel any 
                duty or responsibility of the Constitutional Advocate 
                with respect to participation in a matter before the 
                FISA Court, the FISA Court of Review, or the Supreme 
                Court of the United States; and
                    (B) may not delegate to outside counsel any duty or 
                authority set out in subparagraph (A), (B), (D), (F), 
                (H), or (I) of paragraph (1).
            (4) Availability of documents and material.--The FISA 
        Court, the petition review pool, or the FISA Court of Review, 
        as appropriate, shall order any agency, department, or entity 
        to make available to the Constitutional Advocate, or 
        appropriate outside counsel if utilized by the Constitutional 
        Advocate under paragraph (3), any documents or other material 
        necessary to carry out the duties described in paragraph (1).

SEC. 403. ADVOCACY BEFORE THE FISA COURT.

    (a) Appointment To Participate.--
            (1) In general.--The FISA Court may appoint the 
        Constitutional Advocate to participate in a FISA Court 
        proceeding.
            (2) Standing.--If the Constitutional Advocate is appointed 
        to participate in a FISA Court proceeding pursuant to paragraph 
        (1), the Constitutional Advocate shall have standing as a party 
        before the FISA Court in that proceeding.
    (b) Reconsideration of a FISA Court Decision.--
            (1) Authority to move for reconsideration.--The 
        Constitutional Advocate may move the FISA Court to reconsider 
        any decision of the FISA Court made after the date of the 
        enactment of this Act by petitioning the FISA Court not later 
        than 30 days after the date on which all documents and 
        materials relevant to the decision are made available to the 
        Constitutional Advocate.
            (2) Discretion of the fisa court.--The FISA Court shall 
        have discretion to grant or deny a motion for reconsideration 
        made pursuant to paragraph (1).
    (c) Amicus Curiae Participation.--
            (1) Motion by the constitutional advocate.--The 
        Constitutional Advocate may file a motion with the FISA Court 
        to permit and facilitate participation of amicus curiae, 
        including participation in oral argument if appropriate, in any 
        proceeding. The FISA Court shall have the discretion to grant 
        or deny such a motion.
            (2) Facilitation by the fisa court.--The FISA Court may, 
        sua sponte, permit and facilitate participation by amicus 
        curiae, including participation in oral argument if 
        appropriate, in proceedings before the FISA Court.
            (3) Regulations.--Not later than 180 days after the date of 
        the enactment of this Act, the FISA Court shall promulgate 
        rules to provide the public with information sufficient to 
        allow interested parties to participate as amicus curiae.

SEC. 404. ADVOCACY BEFORE THE PETITION REVIEW POOL.

    (a) Authority To Participate.--The petition review pool or any 
party to a proceeding before the petition review pool may authorize the 
Constitutional Advocate to participate in a petition review pool 
proceeding.
    (b) Reconsideration of a Petition Review Pool Decision.--
            (1) Authority to move for reconsideration.--The 
        Constitutional Advocate may move the petition review pool to 
        reconsider any decision of the petition review pool made after 
        the date of the enactment of this Act by petitioning the 
        petition review pool not later than 30 days after the date on 
        which all documents and materials relevant to the decision are 
        made available to the Constitutional Advocate.
            (2) Discretion of the petition review pool.--The petition 
        review pool shall have discretion to grant or deny a motion for 
        reconsideration made pursuant to paragraph (1).
    (c) Amicus Curiae Participation.--
            (1) Motion by the constitutional advocate.--The 
        Constitutional Advocate may file a motion with the petition 
        review pool to permit and facilitate participation of amicus 
        curiae, including participation in oral argument if 
        appropriate, in any proceeding. The petition review pool shall 
        have the discretion to grant or deny such a motion.
            (2) Facilitation by the fisa court.--The petition review 
        pool may, sua sponte, permit and facilitate participation by 
        amicus curiae, including participation in oral argument if 
        appropriate, in proceedings before the petition review pool.
            (3) Regulations.--Not later than 180 days after the date of 
        the enactment of this Act, the petition review pool shall 
        promulgate rules to provide the public with information 
        sufficient to allow interested parties to participate as amicus 
        curiae.

SEC. 405. APPELLATE REVIEW.

    (a) Appeal of FISA Court Decisions.--
            (1) Authority to appeal.--The Constitutional Advocate may 
        appeal any decision of the FISA Court or the petition review 
        pool issued after the date of the enactment of this Act not 
        later than 90 days after the date the decision is issued, 
        unless it would be apparent to all reasonable jurists that such 
        decision is dictated by statute or by precedent handed down 
        after such date of enactment.
            (2) Standing as appellant.--If the Constitutional Advocate 
        appeals a decision of the FISA Court or the petition review 
        pool pursuant to paragraph (1), the Constitutional Advocate 
        shall have standing as a party before the FISA Court of Review 
        in such appeal.
            (3) Mandatory review.--The FISA Court of Review shall 
        review any FISA Court or petition review pool decision appealed 
        by the Constitutional Advocate and issue a decision in such 
        appeal.
            (4) Standard of review.--The standards for a mandatory 
        review of a FISA Court or petition review pool decision 
        pursuant to paragraph (3) shall be--
                    (A) de novo with respect to issues of law; and
                    (B) clearly erroneous with respect to determination 
                of facts.
            (5) Amicus curiae participation.--
                    (A) In general.--The FISA Court of Review shall 
                accept amicus curiae briefs from interested parties in 
                all mandatory reviews pursuant to paragraph (3) and 
                shall provide for amicus curiae participation in oral 
                argument if appropriate.
                    (B) Regulations.--Not later than 180 days after the 
                date of the enactment of this Act, the FISA Court of 
                Review shall promulgate rules to provide the public 
                with information sufficient to allow interested parties 
                to participate as amicus curiae.
    (b) Review of FISA Court of Review Decisions.--
            (1) Authority.--The Constitutional Advocate may seek a writ 
        of certiorari from the Supreme Court of the United States for 
        review of any decision of the FISA 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 
        certiorari is granted, the Constitutional Advocate shall have 
        standing as a party.

SEC. 406. DISCLOSURE.

    (a) Requirement To Disclose.--The Attorney General shall publicly 
disclose--
            (1) all decisions issued by the FISA Court, the petition 
        review pool, or the FISA Court of Review after July 10, 2003, 
        that include a significant construction or interpretation of 
        law;
            (2) any decision of the FISA Court or the petition review 
        pool appealed by the Constitutional Advocate pursuant to this 
        title; and
            (3) any FISA Court of Review decision that is issued after 
        an appeal by the Constitutional 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 FISA Court, the petition review pool, or 
        the FISA Court of Review.
    (c) Documents Described.--The Attorney General shall satisfy the 
disclosure requirements in subsection (b) by--
            (1) releasing a FISA Court, petition review pool, or FISA 
        Court of Review decision in its entirety or as redacted;
            (2) releasing a summary of a FISA Court, petition review 
        pool, or FISA Court of Review decision; or
            (3) releasing an application made to the FISA Court, a 
        petition made to the petition review pool, briefs filed before 
        the FISA Court, the petition review pool, or the FISA 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.--A decision issued 
        prior to the date of the enactment of this Act that is required 
        to be disclosed under subsection (a)(1) shall be disclosed not 
        later than 180 days after the date of the enactment of this 
        Act.
            (2) FISA court and petition review pool decisions.--The 
        Attorney General shall release FISA Court or petition review 
        pool decisions appealed by the Constitutional Advocate not 
        later than 30 days after the date the appeal is filed.
            (3) FISA court of review decisions.--The Attorney General 
        shall release FISA Court of Review decisions appealed by the 
        Constitutional Advocate not later than 90 days after the date 
        the appeal is filed.
    (f) Petition by the Constitutional Advocate.--
            (1) Authority to petition.--The Constitutional Advocate may 
        petition the FISA Court, the petition review pool, or the FISA 
        Court of Review to order--
                    (A) the public disclosure of a decision of such a 
                Court or review pool, 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 
        Constitutional Advocate proposes to have released publicly.
            (3) Role of the attorney general.--
                    (A) Copy of petition.--The Constitutional 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 FISA Court, the petition 
                review pool, or the FISA 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 FISA Court, the petition review pool, or 
        the FISA 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.
            (5) Effective date.--The Constitutional Advocate may not 
        file a petition under paragraph (1) until 181 days after the 
        date of the enactment of this Act, except with respect to a 
        decision appealed by the Constitutional Advocate.

SEC. 407. ANNUAL REPORT TO CONGRESS.

    (a) Requirement for Annual Report.--The Constitutional 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;
            (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 FISA Court, the petition 
        review pool, or the FISA Court of Review.

SEC. 408. PRESERVATION OF RIGHTS.

    Nothing in this title shall be construed--
            (1) to provide the Attorney General with authority to 
        prevent the FISA Court, the petition review pool, or the FISA 
        Court of Review from declassifying decisions or releasing 
        information pursuant to this title; and
            (2) to eliminate the public's ability to secure information 
        under section 552 of title 5, United States Code (commonly 
        known as the ``Freedom of Information Act'') or any other 
        provision of law.

               TITLE V--NATIONAL SECURITY LETTER REFORMS

SEC. 501. NATIONAL SECURITY LETTER AUTHORITY.

    (a) National Security Letter Authority for Communications 
Subscriber Records.--
            (1) In general.--Section 2709(b) of title 18, United States 
        Code, is amended by amending paragraphs (1) and (2) to read as 
        follows:
            ``(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 the Director's designee) certifies 
        in writing to the wire or electronic communication service 
        provider to which the request is made that--
                    ``(A) the name, address, length of service, and 
                toll billing records sought are 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 on the 
                basis of activities protected by the first amendment to 
                the Constitution of the United States; and
                    ``(B) there are specific and articulable facts 
                showing that there are reasonable grounds to believe 
                that the name, address, length of service, and toll 
                billing records sought--
                            ``(i) pertain to a foreign power or agent 
                        of a foreign power;
                            ``(ii) are relevant to the activities of a 
                        suspected agent of a foreign power who is the 
                        subject of such authorized investigation; or
                            ``(iii) pertain to an individual in contact 
                        with, or known to, a suspected agent; and
            ``(2) request the name, address, and length of service of a 
        person or entity if the Director (or the Director's designee) 
        certifies in writing to the wire or electronic communication 
        service provider to which the request is made that--
                    ``(A) 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; and
                    ``(B) there are specific and articulable facts 
                showing that there are reasonable grounds to believe 
                that the information sought pertains to--
                            ``(i) a foreign power or 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.''.
    (b) National Security Letter Authority for Certain Financial 
Records.--Section 1114 of the Right to Financial Privacy Act of 1978 
(12 U.S.C. 3414) is amended to read as follows:

``SEC. 1114. NATIONAL SECURITY LETTER FOR CERTAIN FINANCIAL RECORDS.

    ``(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, or the Director of the United States Secret Service may 
        issue in writing and cause to be served on a financial 
        institution, a National Security Letter 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 institution to the customer; and
                    ``(D) any account number or other unique identifier 
                associated with a customer of the financial 
                institution.
            ``(2) Limitation.--A National Security Letter issued under 
        this subsection may not require the production of records or 
        information not listed in paragraph (1).
    ``(b) National Security Letter Requirements.--
            ``(1) In general.--A National Security Letter issued under 
        subsection (a) shall--
                    ``(A) be subject to the requirements of subsections 
                (b) through (f) 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;
                    ``(B)(i) in the case of a National Security Letter 
                issued by the Director of the Federal Bureau of 
                Investigation or the Director's designee, include a 
                statement of facts showing that there are reasonable 
                grounds to believe that the records or other things 
                sought--
                            ``(I) are relevant to an authorized 
                        investigation (other than a threat assessment) 
                        to obtain foreign intelligence information not 
                        concerning a United States person or to protect 
                        against international terrorism or clandestine 
                        intelligence activities; and
                            ``(II) pertain to--
                                    ``(aa) a foreign power or an agent 
                                of a foreign power;
                                    ``(bb) the activities of a 
                                suspected agent of a foreign power who 
                                is the subject of such authorized 
                                investigation; or
                                    ``(cc) an individual in contact 
                                with, or known to, a suspected agent of 
                                a foreign power; and
                    ``(ii) in the case of a National Security Letter 
                issued by the Director of the United States Secret 
                Service, include a statement of facts showing that 
                there are reasonable grounds to believe that the 
                records or other things sought are relevant to the 
                conduct of the protective functions of the United 
                States Secret Service.
            ``(2) Reporting.--On a semiannual basis the Director of the 
        Federal Bureau of Investigation and the Director of the United 
        States Secret Service shall fully inform 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, concerning all 
        requests made under subsection (a).
            ``(3) Definitions.--For purposes of this subsection, the 
        terms `agent of a foreign power', `international terrorism', 
        `foreign intelligence information', 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) 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.''.
    (c) National Security Letter Authority for Certain Consumer Report 
Records.--
            (1) In general.--Section 626 of the Fair Credit Reporting 
        Act (15 U.S.C. 1681u) is amended--
                    (A) by striking the section heading and inserting 
                the following:
``Sec. 626. National Security Letters for certain consumer report 
              records'';
                    (B) by striking subsections (a) through (d) and 
                inserting the following:
    ``(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 National Security Letter 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 National Security Letter issued under 
        this subsection may not require the production of a consumer 
        report.
    ``(b) National Security Letter Requirements.--
            ``(1) In general.--A National Security Letter issued under 
        subsection (a) shall--
                    ``(A) be subject to the requirements of subsections 
                (b) through (f) 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 to an authorized 
                        investigation (other than a threat assessment) 
                        to obtain foreign intelligence information not 
                        concerning a United States person or to 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) Reporting.--On a semiannual basis the Director of the 
        Federal Bureau of Investigation shall fully inform 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, concerning all 
        requests made under subsection (a).
            ``(3) Definitions.--For purposes of this subsection, the 
        terms `agent of a foreign power', `international terrorism', 
        `foreign intelligence information', 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) by striking subsections (f) through (h); and
                    (D) by redesignating subsections (e) and (i) 
                through (m) as subsections (c) through (h), 
                respectively.
            (2) Repeal.--Section 627 of the Fair Credit Reporting Act 
        (15 U.S.C. 1681v) is repealed.
    (d) Technical and Conforming Amendment.--
            (1) Table of sections amendment.--The table of sections for 
        the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is 
        amended by striking the items relating to sections 626 and 627 
        and inserting the following:

``626. National Security Letters for certain consumer report records.
``627. [Repealed].''.
            (2) Conforming amendments.--
                    (A) Notice requirements.--Section 1109 of the Right 
                to Financial Privacy Act of 1978 (12 U.S.C. 3409) is 
                amended by striking subsection (c).
                    (B) Title 18, united states code.--Title 18, United 
                States Code, is amended--
                            (i) in section 1510(e), by striking 
                        ``section 626(d)(1) or 627(c)(1) of the Fair 
                        Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 
                        1681v(c)(1)), section 1114(a)(3)(A) or 
                        1114(a)(5)(D)(i) of the Right to Financial 
                        Privacy Act (12 U.S.C. 3414(a)(3)(A) or 
                        3414(a)(5)(D)(i)),'' and inserting ``section 
                        626 of the Fair Credit Reporting Act (15 U.S.C. 
                        1681u), section 1114 of the Right to Financial 
                        Privacy Act of 1978 (12 U.S.C. 3414),''; and
                            (ii) in section 3511--
                                    (I) by striking ``section 
                                1114(a)(5)(A) of the Right to Financial 
                                Privacy Act,'' each place that term 
                                appears and inserting ``section 1114 of 
                                the Right to Financial Privacy Act of 
                                1978 (12 U.S.C. 3414),''; and
                                    (II) by striking ``or section 
                                627(a)'' each place that term appears.
                    (C) National security act of 1947.--Section 507(b) 
                of the National Security Act of 1947 (50 U.S.C. 
                3106(b)) is amended--
                            (i) in paragraph (2), by striking ``section 
                        626(h)(2) of the Fair Credit Reporting Act (15 
                        U.S.C. 1681u(h)(2)).'' and inserting ``section 
                        626(b)(2) of the Fair Credit Reporting Act (15 
                        U.S.C. 1681u(b)(2)).''; and
                            (ii) in paragraph (3), by striking 
                        ``section 1114(a)(5)(C) of the Right to 
                        Financial Privacy Act of 1978 (12 U.S.C. 
                        3414(a)(5)(C)).'' and inserting ``section 
                        1114(b)(2) of the Right to Financial Privacy 
                        Act of 1978 (12 U.S.C. 3414(b)(2)).''.
                    (D) USA patriot act.--
                            (i) Section 118.--Section 118 of the USA 
                        PATRIOT Improvement and Reauthorization Act of 
                        2005 (Public Law 109-177; 18 U.S.C. 3511 note) 
                        is amended--
                                    (I) in subsection (c)(1)--
                                            (aa) in subparagraph (C), 
                                        by inserting ``and'' at the 
                                        end;
                                            (bb) in subparagraph (D), 
                                        by striking ``; and'' and 
                                        inserting a period; and
                                            (cc) by striking 
                                        subparagraph (E); and
                                    (II) in subsection (d)--
                                            (aa) in paragraph (2), by 
                                        striking ``Section 
                                        1114(a)(5)(A) of the Right to 
                                        Financial Privacy Act (12 
                                        U.S.C. 3414(a)(5)(A))'' and 
                                        inserting ``Section 1114 of the 
                                        Right to Financial Privacy Act 
                                        of 1978 (12 U.S.C. 3414)''; and
                                            (bb) by striking paragraph 
                                        (5).
                            (ii) Section 119.--Section 119(g) of the 
                        USA PATRIOT Improvement and Reauthorization Act 
                        of 2005 (Public Law 109-177; 120 Stat. 219) is 
                        amended--
                                    (I) in paragraph (2), by striking 
                                ``Section 1114(a)(5)(A) of the Right to 
                                Financial Privacy Act (12 U.S.C. 
                                3414(a)(5)(A))'' and inserting 
                                ``Section 1114 of the Right to 
                                Financial Privacy Act of 1978 (12 
                                U.S.C. 3414)''; and
                                    (II) by striking paragraph (5).

SEC. 502. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

    Section 118(c) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (Public Law 109-177; 18 U.S.C. 3511 note), as amended by 
section 501(d)(2)(D)(i), is further amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``concerning different United States 
                persons''; and
                    (B) in subparagraph (A), by striking ``, excluding 
                the number of requests for subscriber information'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Content.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each report required under this 
                subsection shall include the total number of requests 
                described in paragraph (1) requiring disclosure of 
                information concerning--
                            ``(i) United States persons;
                            ``(ii) persons who are not United States 
                        persons;
                            ``(iii) persons who are the subjects of 
                        authorized national security investigations; or
                            ``(iv) persons who are not the subjects of 
                        authorized national security investigations.
                    ``(B) Exception.--With respect to the number of 
                requests for subscriber information under section 2709 
                of title 18, United States Code, a report required 
                under this subsection need not provide information 
                separated into each of the categories described in 
                subparagraph (A).''.

     TITLE VI--REPORTING FISA ORDERS AND NATIONAL SECURITY LETTERS

SEC. 601. THIRD-PARTY REPORTING OF FISA ORDERS AND NATIONAL SECURITY 
              LETTERS.

    (a) In General.--Each electronic service provider may report 
information to the public in accordance with this section about 
requests and demands 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 such demands and 
        requests 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 such 
        demands and requests the 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 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, the 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 provider reasonably believes in good faith is 
authorized by this section is not criminally or civilly liable in any 
court for making that report.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to prohibit disclosures other than those authorized by this 
section.
    (f) Definitions.--In this section:
            (1) The term ``electronic service provider'' means a 
        provider of an electronic communications service (as that term 
        is defined in section 2510 of title 18, United States Code) or 
        a provider of a remote computing service (as that term is 
        defined in section 2711 of title 18, United States Code).
            (2) 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. 3162(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).
                    (E) Subsections (a) or (b) of section 626 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u).

SEC. 602. GOVERNMENT REPORTING OF FISA ORDERS.

    (a) Electronic Surveillance.--Section 107 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1807) is amended--
            (1) by redesignating subsections (a) and (b) as paragraphs 
        (1) and (2), respectively;
            (2) in the matter preceding paragraph (1) (as redesignated 
        by paragraph (1) of this subsection)--
                    (A) by striking ``In April'' and inserting ``(a) In 
                April''; and
                    (B) by striking ``Congress'' and inserting ``the 
                Select Committee on Intelligence and the Committee on 
                the Judiciary of the Senate and the Permanent Select 
                Committee on Intelligence and the Committee on the 
                Judiciary of the House of Representatives'';
            (3) in subsection (a) (as designated by paragraph (2) of 
        this subsection)--
                    (A) in paragraph (1) (as redesignated by paragraph 
                (1) of this subsection), by striking ``and'' at the 
                end;
                    (B) in paragraph (2) (as so redesignated), by 
                striking the period at the end and inserting a 
                semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(3) the total number of individuals who were subject to 
        electronic surveillance conducted under an order entered under 
        this title, rounded to the nearest 100; 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.''; and
            (4) by adding at the end the following new subsection:
    ``(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.''.
    (b) Pen Register and Trap and Trace Devices.--Section 406 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1846) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(4) a good faith estimate of the total number of 
        individuals whose electronic or wire communications information 
        was obtained through the use of pen register or trap and trace 
        devices authorized under an order entered under this title, 
        rounded to the nearest 100; and
            ``(5) a good faith estimate of the total number of United 
        States persons whose electronic or wire communications 
        information was obtained through the use of a pen register or 
        trap and trace devices authorized under an order entered under 
        this title, rounded to the nearest 100.''; and
            (2) by adding at the end the following new subsection:
    ``(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.''.
    (c) Access to Certain Business Records.--Section 502 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended--
            (1) in subsection (b)(3), by adding at the end the 
        following new subparagraphs:
                    ``(F) Records concerning electronic communications.
                    ``(G) Records concerning wire communications.''; 
                and
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iii) by adding at the end the following 
                        new subparagraphs:
            ``(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; and
            ``(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
                    (B) by adding at the end the following new 
                paragraph:
    ``(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.''.
    (d) Additional Procedures Regarding Certain Persons Outside the 
United States.--Section 707 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1881f) is amended by adding at the end the 
following new subsection:
    ``(c) Additional Annual Report.--
            ``(1) Report required.--In April of each year, the Attorney 
        General shall submit to the congressional intelligence 
        committees and the Committees on the Judiciary of the House of 
        Representatives and the Senate a report setting forth with 
        respect to the preceding year--
                    ``(A) the total number of--
                            ``(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) an order granted under section 703; 
                        and
                            ``(ii) an order granted under section 704; 
                        and
                    ``(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) an order granted under section 703; 
                        and
                            ``(ii) an order granted under section 704.
            ``(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.''.

    TITLE VII--PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA 
                               AUTHORITY

SEC. 701. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD SUBPOENA 
              AUTHORITY.

    Section 1061(g) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (42 U.S.C. 2000ee(g)) is amended--
            (1) in paragraph (1)(D), by striking ``submit a written 
        request to the Attorney General of the United States that the 
        Attorney General'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3).
                                 <all>