H.R. 3361 — what changed

removed “(A) a statement of facts showing that there are reasonable grounds to believe that the tangible things sought—

removed “(i) are relevant and material to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to—

removed “(I) obtain foreign intelligence information not concerning a United States person; or

removed “(II) protect against international terrorism or clandestine intelligence activities; and

removed “(ii) pertain to—

removed “(I) a foreign power or an agent of a foreign power;

removed “(II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

removed “(III) an individual in contact with, or known to, a suspected agent of a foreign power; and

removed “(B) a statement of proposed minimization procedures; and”

removed “(3) if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include—

removed “(A) the time period during which the Government believes the nondisclosure requirement should apply;

removed “(B) a statement of facts showing that there are reasonable grounds to believe that disclosure of particular information about the existence or contents of the order requiring the production of tangible things under this section during such time period will result in—

removed “(i) endangering the life or physical safety of any person;

removed “(ii) flight from investigation or prosecution;

removed “(iii) destruction of or tampering with evidence;

removed “(iv) intimidation of potential witnesses;

removed “(v) interference with diplomatic relations;

removed “(vi) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or

removed “(vii) otherwise seriously endangering the national security of the United States; and

removed “(C) an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (B).”

removed “(F) shall direct that the minimization procedures be followed.”

removed “(d) Nondisclosure

removed “(1) In general—No person who receives an order entered 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.

removed “(2) Exception

removed “(A) In general—A person who receives an order entered under subsection (c) that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to—

removed “(i) those persons to whom disclosure is necessary to comply with the order;

removed “(ii) an attorney to obtain legal advice or assistance regarding the order; or

removed “(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.

removed “(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.

removed “(C) Notice—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.

removed “(D) Identification of disclosure recipients—At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause (i) or (iii) of subparagraph (A) shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request.

removed “(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).

removed “(4) Jurisdiction—An application for a renewal under this subsection shall be made to—

removed “(A) a judge of the court established under section 103(a); or

removed “(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).”

added “(C) in the case of an application for the production of call detail records created on or after the date of the application, a statement of facts showing that—

added “(i) there are reasonable grounds to believe that the call detail records sought to be produced based on the specific selection term required under subparagraph (A) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism; and

added “(ii) there are facts giving rise to a reasonable, articulable suspicion that such specific selection term is associated with a foreign power or an agent of a foreign power; and”

removed “(C) A judge considering a petition to modify or set aside a nondisclosure order shall grant such petition unless the court determines that—

removed “(i) there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the time period in which such requirement is in effect will result in—

removed “(I) endangering the life or physical safety of any person;

removed “(II) flight from investigation or prosecution;

removed “(III) destruction of or tampering with evidence;

removed “(IV) intimidation of potential witnesses;

removed “(V) interference with diplomatic relations;

removed “(VI) alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or

removed “(VII) otherwise seriously endangering the national security of the United States; and

removed “(ii) the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause (i).”

changed “(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 “(F) in the denial case of such petition.”an application described in subsection (b)(2)(C), shall—

added “(i) authorize the production of call detail records for a period not to exceed 180 days;

added “(ii) provide that an order for such production may be extended upon application under subsection (b) and the judicial finding under paragraph (1);

added “(iii) provide that the Government may require the production of call detail records—

added “(I) using the specific selection term that satisfies the standard required under subsection (b)(2)(C)(ii) as the basis for production; and

added “(II) using the results of the production under subclause (I) as the basis for production;

added “(iv) direct each person the Government directs to produce call detail records under the order to furnish the Government forthwith all information, facilities, or technical assistance necessary to accomplish the production in such a manner as will protect the secrecy of the production and produce a minimum of interference with the services that such person is providing to each subject of the production; and

added “(v) direct the Government to destroy all call detail records produced under the order not later than 5 years after the date of the production of such records, except for records that are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to protect against international terrorism.”

removed “502. Emergency authority for access to call detail records

removed “(a) In general—Notwithstanding any other provision of this title, the Attorney General may require the production of call detail records by the provider of a wire or electronic communication service on an emergency basis if—

removed “(1) such records—

removed “(A) are relevant and material to an authorized investigation (other than a threat assessment) conducted in accordance with section 501(a)(2) to—

removed “(i) obtain foreign intelligence information not concerning a United States person; or

removed “(ii) protect against international terrorism or clandestine intelligence activities; and

removed “(B) pertain to—

removed “(i) a foreign power or an agent of a foreign power;

removed “(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

removed “(iii) an individual in contact with, or known to, a suspected agent of a foreign power;

removed “(2) the Attorney General reasonably determines that—

removed “(A) an emergency requires the production of such records before an order requiring such production can with due diligence be obtained under section 501; and

removed “(B) the factual basis for issuance of an order under section 501 to require the production of such records exists;

removed “(3) a judge referred to in section 501(b)(1) is informed by the Attorney General or a designee of the Attorney General at the time of the required production of such records that the decision has been made to require such production on an emergency basis; and

removed “(4) an application in accordance with section 501 is made to such judge as soon as practicable, but not more than 7 days after the date on which the Attorney General requires the production of such records under this section.

removed “(b) Termination of authority

removed “(1) Termination—In the absence of an order under section 501 approving the production of call detail records under subsection (a), the authority to require the production of such records shall terminate at the earlier of—

removed “(A) when the information sought is obtained;

removed “(B) when the application for the order is denied under section 501; or

removed “(C) 7 days after the time of the authorization by the Attorney General.

removed “(2) Use of information—If an application for an order under section 501 for the production of call detail records required to be produced pursuant to subsection (a) is denied, or in any other case in which the emergency production of call detail records under this section is terminated and no order under section 501 is issued approving the required production of such records, no information obtained or evidence derived from such records shall be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in or before any court, grand jury, department, office, agency, regulatory body, legislative committee, or other authority of the United States, a State, or political subdivision thereof, and no information concerning any United States person acquired from such records shall subsequently be used or disclosed in any other manner by Federal officers or employees without the consent of such person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person.

removed “(c) Report—The Attorney General shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report containing the number of times the authority under this section was exercised during the calendar year covered by such report.

removed “(d) Call detail records defined—In this section, the term “call detail records”—

removed “(1) means session identifying information (including originating or terminating telephone number, International Mobile Subscriber Identity number, or International Mobile Station Equipment Identity number), telephone calling card numbers, or the time or duration of a call; and

removed “(2) does not include—

removed “(A) the contents of any communication (as defined in section 2510(8) of title 18, United States Code);

removed “(B) the name, address, or financial information of a subscriber or customer; or

removed “(C) cell site location information.”

added “(i) Emergency authority for production of tangible things

added “(1) Notwithstanding any other provision of this section, the Attorney General may require the emergency production of tangible things if the Attorney General—

added “(A) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing such production can with due diligence be obtained;

added “(B) reasonably determines that the factual basis for the issuance of an order under this section to approve such production of tangible things exists;

added “(C) informs, either personally or through a designee, a judge having jurisdiction under this section at the time the Attorney General requires the emergency production of tangible things that the decision has been made to employ the authority under this subsection; and

added “(D) makes an application in accordance with this section to a judge having jurisdiction under this section as soon as practicable, but not later than 7 days after the Attorney General requires the emergency production of tangible things under this subsection.

added “(2) If the Attorney General authorizes the emergency production of tangible things under paragraph (1), the Attorney General shall require that the minimization procedures required by this section for the issuance of a judicial order be followed.

added “(3) In the absence of a judicial order approving the production of tangible things under this subsection, the production shall terminate when the information sought is obtained, when the application for the order is denied, or after the expiration of 7 days from the time the Attorney General begins requiring the emergency production of such tangible things, whichever is earliest.

added “(4) A denial of the application made under this subsection may be reviewed as provided in this section.

added “(5) If such application for approval is denied, or in any other case where the production of tangible things is terminated and no order is issued approving the production, no information obtained or evidence derived from such production 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 production 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.

added “(6) The Attorney General shall assess compliance with the requirements of paragraph (5).”

removed Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109–177; 120 Stat. 200) is amended—

removed “(C) with respect to calendar years 2010 through 2013, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) and whether the minimization procedures adequately protect the constitutional rights of United States persons;”

removed “(3) Calendar years 2010 through 2013—Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection (a) for calendar years 2010 through 2013.”

removed “(d) Intelligence assessment

removed “(1) In general—For the period beginning on January 1, 2010, and ending on December 31, 2013, the Inspector General of the Intelligence Community shall—

removed “(A) assess the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) to the activities of the intelligence community;

removed “(B) examine the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community;

removed “(C) describe any noteworthy facts or circumstances relating to orders under such title;

removed “(D) examine any minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and

removed “(E) examine any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act (50 U.S.C. 1803(a)).

removed “(2) Submission date for assessment—Not later than December 31, 2014, the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2010 through 2013.”

removed “(g) Definitions—In this section:

removed “(1) Intelligence community—The term “intelligence community” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).

removed “(2) United States person—The term “United States person” has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).”

added “(3) a specific selection term to be used as the basis for selecting the telephone line or other facility to which the pen register or trap and trace device is to be attached or applied; and”

added “(4) The term “specific selection term” has the meaning given the term in section 501.”

removed “(2) a statement of facts showing that there are reasonable grounds to believe that the information sought—

removed “(A) is relevant and material to an authorized investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities (other than a threat assessment), provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the First Amendment to the Constitution of the United States; and

removed “(B) pertain to—

removed “(i) a foreign power or an agent of a foreign power;

removed “(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

removed “(iii) an individual in contact with, or known to, a suspected agent of a foreign power; and

removed “(3) a statement of proposed minimization procedures.”

removed “(4) The term minimization procedures means—

removed “(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;

removed “(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

removed “(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.”

removed “(iv) the minimization procedures be followed; and”

removed “(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.”

removed “(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.”

added “(5) The term minimization procedures means—

added “(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 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;

added “(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

added “(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.”

added “(4) a statement of proposed minimization procedures.”

added “(iv) the minimization procedures be followed; and”

added “(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 retained or disseminated.”

changed Section 702(b) of the Foreign Intelligence Surveillance Act of 1978 702(b)(2) (50 U.S.C. 1881a(b)) 1881a(b)(2)) is amended—amended by striking “the purpose” and inserting “a purpose”.

removed “(1) In general—An acquisition”

removed “(2) Clarification on prohibition on searching of collections of communications of United States persons

removed “(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).

removed “(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—

removed “(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, or title 18, United States Code, for the effective period of that order;

removed “(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

removed “(iii) such United States person has consented to the search.”

added Section 702(e)(1) (50 U.S.C. 1881a(e)(1)) is amended—

added “(A) meet”

added “(B) consistent with such definition, minimize the acquisition, and prohibit the retention and dissemination, of any communication as to which the sender and all intended recipients are determined to be located in the United States and prohibit the use of any discrete, non-target communication that is determined to be to or from a United States person or a person who appears to be located in the United States, except to protect against an immediate threat to human life.”

removed “(C) limit the acquisition of the contents of any communication to those communications—

removed “(i) to which any party is a target of the acquisition; or

removed “(ii) that contain an account identifier of a target of an acquisition, only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction.”

removed “(iii) limit the acquisition of the contents of any communication to those communications—

removed “(I) to which any party is a target of the acquisition; or

removed “(II) that contain an account identifier of the target of an acquisition, only if such communications are acquired to protect against international terrorism or the international proliferation of weapons of mass destruction.”

removed “(1) Account identifier—The term “account identifier” means a telephone or instrument number, other subscriber number, email address, or username used to uniquely identify an account.”

changed Section 702(b)(1)(B) of the Foreign Intelligence Surveillance Act of 1978 702(i)(3) (50 U.S.C. 1881a), as redesignated by section 301(1) of this Act, 1881a(i)(3)) is amended by striking “the purpose” and inserting “a significant purpose”.adding at the end the following new subparagraph:

added “(D) Limitation on use of information

added “(i) In general—Except as provided in clause (ii), no information obtained or evidence derived from an acquisition pursuant to a certification or targeting or minimization procedures subject to an order under subparagraph (B) 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.

added “(ii) Exception—If the Government corrects any deficiency identified by the order of the Court under subparagraph (B), 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.”

added Section 103 (50 U.S.C. 1803) is amended by adding at the end the following new subsection:

added “(i) Amicus curiae

added “(1) Authorization—A court established under subsection (a) or (b), consistent with the requirement of subsection (c) and any other statutory requirement that the court act expeditiously or within a stated time—

added “(A) shall appoint an individual to serve as amicus curiae to assist such court in the consideration of any application for an order or review that, in the opinion of the court, presents a novel or significant interpretation of the law, unless the court issues a written finding that such appointment is not appropriate; and

added “(B) may appoint an individual to serve as amicus curiae in any other instance as such court deems appropriate.

added “(2) Designation—The presiding judges of the courts established under subsections (a) and (b) shall jointly designate not less than 5 individuals to be eligible to serve as amicus curiae. Such individuals shall be persons who possess expertise in privacy and civil liberties, intelligence collection, telecommunications, or any other area of law that may lend legal or technical expertise to the courts and who have been determined by appropriate executive branch officials to be eligible for access to classified information.

added “(3) Duties—An individual appointed to serve as amicus curiae under paragraph (1) shall carry out the duties assigned by the appointing court. Such court may authorize the individual appointed to serve as amicus curiae to review any application, certification, petition, motion, or other submission that the court determines is relevant to the duties assigned by the court.

added “(4) Notification—The presiding judges of the courts established under subsections (a) and (b) shall notify the Attorney General of each exercise of the authority to appoint an individual to serve as amicus curiae under paragraph (1).

added “(5) Assistance—A court established under subsection (a) or (b) may request and receive (including on a non-reimbursable basis) the assistance of the executive branch in the implementation of this subsection.

added “(6) Administration—A court established under subsection (a) or (b) may provide for the designation, appointment, removal, training, or other support for an individual appointed to serve as amicus curiae under paragraph (1) in a manner that is not inconsistent with this subsection.”

removed “IX Office of the Special Advocate

removed “901. Definitions

removed “In this title:

removed “(1) Decision—The term decision means a decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review.

removed “(2) Foreign Intelligence Surveillance Court; Court—The terms Foreign Intelligence Surveillance Court and “Court” mean the court established under section 103(a) and the petition review pool established under section 103(e).

removed “(3) Foreign Intelligence Surveillance Court of Review; Court of Review—The terms Foreign Intelligence Surveillance Court of Review and “Court of Review” mean the court of review established under section 103(b).

removed “(4) Office—The term Office means the Office of the Special Advocate established under section 902(a).

removed “(5) Significant construction or interpretation of law—The term significant construction or interpretation of law means a significant construction or interpretation of a provision, as that term is construed under section 601(c).

removed “(6) Special Advocate—The term “Special Advocate” means the Special Advocate appointed under section 902(b).

removed “902. Office of the Special Advocate

removed “(a) Establishment—There is established within the judicial branch of the United States an Office of the Special Advocate.

removed “(b) Special Advocate

removed “(1) In general—The head of the Office is the Special Advocate.

removed “(2) Appointment and term

removed “(A) Appointment—The Chief Justice of the United States shall appoint the Special Advocate from the list of candidates submitted under subparagraph (B).

removed “(B) 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 Special Advocate. The Board shall select candidates for such list whom the Board believes will be zealous and effective advocates in defense of civil liberties and consider with respect to each potential candidate—

removed “(i) the litigation and other professional experience of such candidate;

removed “(ii) the experience of such candidate in areas of law that the Special Advocate is likely to encounter in the course of the duties of the Special Advocate; and

removed “(iii) the demonstrated commitment of such candidate to civil liberties.

removed “(C) Security Clearance—An individual may be appointed Special Advocate without regard to whether the individual possesses a security clearance on the date of the appointment.

removed “(D) Term and dismissal—A Special Advocate shall be appointed for a term of 3 years and may be removed only for good cause shown, including the demonstrated inability to qualify for an adequate security clearance.

removed “(E) Reappointment—There shall be no limit to the number of consecutive terms served by a Special Advocate. The reappointment of a Special Advocate shall be made in the same manner as appointment of a Special Advocate.

removed “(F) Acting Special Advocate—If the position of Special Advocate is vacant, the Chief Justice of the United States may appoint an Acting Special Advocate from among the qualified employees of the Office. If there are no such qualified employees, the Chief Justice may appoint an Acting Special Advocate from the most recent list of candidates provided by the Privacy and Civil Liberties Oversight Board pursuant to subparagraph (B). The Acting Special Advocate shall have all of the powers of a Special Advocate and shall serve until a Special Advocate is appointed.

removed “(3) Employees—The Special Advocate may appoint and terminate and fix the compensation of employees of the Office without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.

removed “(c) Duties and authorities of the Special Advocate

removed “(1) In general—The Special Advocate—

removed “(A) may consider any request for consultation by a party who has been served with an order or directive issued under this Act requiring the party to provide information, facilities, or assistance to the Federal Government;

removed “(B) may request to participate in a proceeding before the Foreign Intelligence Surveillance Court;

removed “(C) shall participate in such proceeding if such request is granted;

removed “(D) shall participate in a proceeding before the Court if appointed to participate by the Court under section 903(a);

removed “(E) may request reconsideration of a decision of the Court under section 903(b);

removed “(F) may appeal or seek review of a decision of the Court or the Foreign Intelligence Surveillance Court of Review under section 904; and

removed “(G) shall participate in such appeal or review.

removed “(2) Access to applications and decisions

removed “(A) Applications—The Attorney General shall provide to the Special Advocate each application submitted to a judge of the Foreign Intelligence Surveillance Court under this Act at the same time as the Attorney General submits such applications.

removed “(B) Decisions—The Foreign Intelligence Surveillance Court and the Foreign Intelligence Surveillance Court of Review shall provide to the Special Advocate access to each decision of the Court and the Court of Review, respectively, issued after the date of the enactment of the USA FREEDOM Act and all documents and other material relevant to such decision in complete, unredacted form.

removed “(3) Advocacy—The Special Advocate shall vigorously advocate before the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review, as appropriate, in support of legal interpretations that protect individual privacy and civil liberties.

removed “(4) Outside counsel—The Special Advocate may delegate to a competent outside counsel who has or is able to obtain an appropriate security clearance any duty or responsibility of the Special Advocate set out in subparagraph (E) or (F) of paragraph (1) with respect to participation in a matter before the Court, the Court of Review, or the Supreme Court of the United States.

removed “(5) Availability of documents and material—The Court or the Court of Review, as appropriate, shall order any agency, department, or entity to make available to the Special Advocate, or appropriate outside counsel if the Special Advocate has delegated duties or responsibilities to the outside counsel under paragraph (4), any documents or other material necessary to carry out the duties described in paragraph (1).

removed “(d) Security clearances—The appropriate departments, agencies, and elements of the Executive branch shall cooperate with the Office, to the extent possible under existing procedures and requirements, to expeditiously provide the Special Advocate, appropriate employees of the Office, and outside counsel to whom the Special Advocate delegates a duty or responsibility under subsection (c)(4) with the security clearances necessary to carry out the duties of the Special Advocate.

removed “903. Advocacy before the Foreign Intelligence Surveillance Court

removed “(a) Appointment To participate

removed “(1) In general—The Foreign Intelligence Surveillance Court may appoint the Special Advocate to participate in a proceeding before the Court.

removed “(2) Standing—If the Special Advocate is appointed to participate in a Court proceeding pursuant to paragraph (1), the Special Advocate shall have standing as a party before the Court in that proceeding.

removed “(b) Reconsideration of a Foreign Intelligence Surveillance Court decision

removed “(1) Authority to move for reconsideration—The Special Advocate may move the Court to reconsider any decision of the Court made after the date of the enactment of the USA FREEDOM Act by petitioning the Court not later than 30 days after the date on which all documents and materials relevant to the decision are made available to the Special Advocate.

removed “(2) Discretion of the Court—The Court shall have discretion to grant or deny a motion for reconsideration made pursuant to paragraph (1).

removed “(c) Amici curiae participation

removed “(1) Motion by the Special Advocate—The Special Advocate may file a motion with the Court to permit and facilitate participation of amici curiae, including participation in oral argument if appropriate, in any proceeding. The Court shall have the discretion to grant or deny such a motion.

removed “(2) Facilitation by the Foreign Intelligence Surveillance Court—The Court may, sua sponte, permit and facilitate participation by amici curiae, including participation in oral argument if appropriate, in proceedings before the Court.

removed “(3) Regulations—Not later than 180 days after the date of the enactment of USA FREEDOM Act, the Court shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae.

removed “904. Appellate review

removed “(a) Appeal of Foreign Intelligence Surveillance Court decisions

removed “(1) Authority to appeal—The Special Advocate may appeal any decision of the Foreign Intelligence Surveillance Court issued after the date of the enactment of the USA FREEDOM Act not later than 90 days after the date on which the decision is issued.

removed “(2) Standing as appellant—If the Special Advocate appeals a decision of the Court pursuant to paragraph (1), the Special Advocate shall have standing as a party before the Foreign Intelligence Surveillance Court of Review in such appeal.

removed “(3) Mandatory review—The Court of Review shall review any Foreign Intelligence Surveillance Court decision appealed by the Special Advocate and issue a decision in such appeal, unless it would be apparent to all reasonable jurists that such decision is dictated by statute or by precedent.

removed “(4) Standard of review—The standard for a mandatory review of a Foreign Intelligence Surveillance Court decision pursuant to paragraph (3) shall be—

removed “(A) de novo with respect to issues of law; and

removed “(B) clearly erroneous with respect to determination of facts.

removed “(5) Amici curiae participation

removed “(A) In general—The Court of Review shall accept amici curiae briefs from interested parties in all mandatory reviews pursuant to paragraph (3) and shall provide for amici curiae participation in oral argument if appropriate.

removed “(B) Regulations—Not later than 180 days after the date of the enactment of the USA FREEDOM Act, the Court of Review shall promulgate regulations to provide the public with information sufficient to allow interested parties to participate as amici curiae.

removed “(b) Review of Foreign Intelligence Surveillance Court of Review decisions

removed “(1) Authority—The Special Advocate may seek a writ of certiorari from the Supreme Court of the United States for review of any decision of the Foreign Intelligence Surveillance Court of Review.

removed “(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 Special Advocate shall have standing as a party.

removed “905. Disclosure

removed “(a) Requirement To disclose—The Attorney General shall publicly disclose—

removed “(1) all decisions issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review after July 10, 2003, that include a significant construction or interpretation of law;

removed “(2) any decision of the Court appealed by the Special Advocate pursuant to this title; and

removed “(3) any Court of Review decision that is issued after an appeal by the Special Advocate.

removed “(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—

removed “(1) to identify with particularity each legal question addressed by the decision and how such question was resolved;

removed “(2) to describe in general terms the context in which the matter arises;

removed “(3) to describe the construction or interpretation of any statute, constitutional provision, or other legal authority relied on by the decision; and

removed “(4) to indicate whether the decision departed from any prior decision of the Court or Court of Review.

removed “(c) Documents described—The Attorney General shall satisfy the disclosure requirements in subsection (b) by—

removed “(1) releasing a Court or Court of Review decision in its entirety or as redacted;

removed “(2) releasing a summary of a Court or Court of Review decision; or

removed “(3) releasing an application made to the Court, briefs filed before the Court or the Court of Review, or other materials, in full or as redacted.

removed “(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.

removed “(e) Timing of disclosure

removed “(1) Decisions issued prior to enactment—The Attorney General shall disclose a decision issued prior to the date of the enactment of the USA FREEDOM Act that is required to be disclosed under subsection (a)(1) not later than 180 days after the date of the enactment of such Act.

removed “(2) FISA Court decisions—The Attorney General shall release Court decisions appealed by the Special Advocate not later than 30 days after the date on which the appeal is filed.

removed “(3) FISA Court of Review decisions—The Attorney General shall release Court of Review decisions for which the Special Advocate seeks a writ of certiorari not later than 90 days after the date on which the petition is filed.

removed “(f) Petition by the Special Advocate

removed “(1) Authority to petition—The Special Advocate may petition the Court or the Court of Review to order—

removed “(A) the public disclosure of a decision of the Court or Court of Review, and documents or other material relevant to such a decision, previously designated as classified information; or

removed “(B) the release of an unclassified summary of such decisions and documents.

removed “(2) Contents of petition—Each petition filed under paragraph (1) shall contain a detailed declassification proposal or a summary of the decision and documents that the Special Advocate proposes to have released publicly.

removed “(3) Role of the Attorney General

removed “(A) Copy of petition—The Special Advocate shall provide to the Attorney General a copy of each petition filed under paragraph (1).

removed “(B) Opposition—The Attorney General may oppose a petition filed under paragraph (1) by submitting any objections in writing to the Court or the Court of Review, as appropriate, not later than 90 days after the date such petition was submitted.

removed “(4) Public availability—Not less than 91 days after receiving a petition under paragraph (1), and taking into account any objections from the Attorney General made under paragraph (3)(B), the Court or the Court of Review, as appropriate, shall declassify and make readily available to the public any decision, document, or other material requested in such petition, to the greatest extent possible, consistent with legitimate national security considerations.

removed “(5) Effective date—The Special Advocate may not file a petition under paragraph (1) until 181 days after the date of the enactment of the USA FREEDOM Act, except with respect to a decision appealed by the Special Advocate.

removed “906. Annual report to Congress

removed “(a) Requirement for annual report—The Special Advocate shall submit to Congress an annual report on the implementation of this title.

removed “(b) Contents—Each annual report submitted under subsection (a) shall—

removed “(1) detail the activities of the Office of the Special Advocate;

removed “(2) provide an assessment of the effectiveness of this title; and

removed “(3) propose any new legislation to improve the functioning of the Office or the operation of the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review that the Special Advocate considers appropriate.”

added “602. Declassification of significant decisions, orders, and opinions

added “(a) Declassification required—Subject to subsection (b), the Attorney General shall conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance Court or the Foreign Intelligence Surveillance Court of Review (as defined in section 601(e)) that includes a significant construction or interpretation of any provision of this Act and, consistent with that review, make publicly available to the greatest extent practicable each such decision, order, or opinion.

added “(b) Redacted form—The Attorney General may satisfy the requirement under subsection (a) to make a decision, order, or opinion described in such subsection publicly available to the greatest extent practicable by making such decision, order, or opinion publicly available in redacted form.

added “(c) National security waiver—The Attorney General may waive the requirement to declassify and make publicly available a particular decision, order, or opinion under subsection (a) if the Attorney General—

added “(1) determines that a waiver of such requirement is necessary to protect the national security of the United States or properly classified intelligence sources or methods; and

added “(2) makes publicly available an unclassified summary of such decision, order, or opinion.”

removed Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended—

removed “(g)

removed “(1) A judge of the court established under subsection (a) who authored an order, opinion, or other decision may sua sponte or on motion by a party request that such order, opinion, or other decision be made publicly available.

removed “(2) Upon a request under paragraph (1), the presiding judge of the court established under subsection (a), in consultation with the other judges of such court, may direct that such order, opinion, or other decision be made publicly available.

removed “(3) Prior to making an order, opinion, or other decision of the court established under subsection (a) publicly available in accordance with this subsection, the presiding judge of such court may direct the Executive branch to review such order, opinion, or other decision and redact such order, opinion, or other decision as necessary to ensure that properly classified information is appropriately protected.”

removed “(1) the name, address, length of service, and toll billing records sought are relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States; and

removed “(2) there are reasonable grounds to believe that the name, address, length of service, and toll billing records sought pertain to—

removed “(A) a foreign power or agent of a foreign power;

removed “(B) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

removed “(C) an individual in contact with, or known to, a suspected agent of a foreign power.”

removed “(g) For purposes of this subsection, the terms “agent of a foreign power”, “foreign power”, “international terrorism”, and “United States person” have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).”

added “(g) Specific selection term defined—In this section, the term “specific selection term” has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861).”

added “(e) In this section, the term “specific selection term” has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861).”

added “(n) Specific selection term defined—In this section, the term “specific selection term” has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861).”

added “(g) Specific selection term defined—In this section, the term “specific selection term” has the meaning given the term in section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861).”

removed “1114. Access to financial records for certain intelligence and protective purposes

removed “(a) Authorization

removed “(1) In general—The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a financial institution, a request requiring the production of—

removed “(A) the name of a customer of the financial institution;

removed “(B) the address of a customer of the financial institution;

removed “(C) the length of time during which a person has been, or was, a customer of the financial institution (including the start date) and the type of service provided by the financial institution to the customer; and

removed “(D) any account number or other unique identifier associated with a customer of the financial institution.

removed “(2) Limitation—A request issued under this subsection may not require the production of records or information not listed in paragraph (1).

removed “(b) Requirements

removed “(1) In general—A request issued under subsection (a) shall—

removed “(A) be subject to the requirements of subsections (d) through (g) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and

removed “(B) include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought—

removed “(i) are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to—

removed “(I) obtain foreign intelligence information not concerning a United States person; or

removed “(II) protect against international terrorism or clandestine intelligence activities; and

removed “(ii) pertain to—

removed “(I) a foreign power or an agent of a foreign power;

removed “(II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

removed “(III) an individual in contact with, or known to, a suspected agent of a foreign power.

removed “(2) Definitions—For purposes of this subsection, the terms “agent of a foreign power”, “foreign intelligence information”, “foreign power”, “international terrorism”, and “United States person” have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

removed “(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.”

removed “(a) Authorization

removed “(1) In general—The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a consumer reporting agency a request requiring the production of—

removed “(A) the name of a consumer;

removed “(B) the current and former address of a consumer;

removed “(C) the current and former places of employment of a consumer; and

removed “(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.

removed “(2) Limitation—A request issued under this subsection may not require the production of a consumer report.

removed “(b) Requirements

removed “(1) In general—A request issued under subsection (a) shall—

removed “(A) be subject to the requirements of subsections (d) through (g) of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and

removed “(B) include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought—

removed “(i) are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to—

removed “(I) obtain foreign intelligence information not concerning a United States person; or

removed “(II) protect against international terrorism or clandestine intelligence activities; and

removed “(ii) pertain to—

removed “(I) a foreign power or an agent of a foreign power;

removed “(II) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

removed “(III) an individual in contact with, or known to, a suspected agent of a foreign power.

removed “(2) Definitions—In this subsection, the terms “agent of a foreign power”, “foreign intelligence information”, “foreign power”, “international terrorism”, and “United States person” have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).”

added Section 502(b) (50 U.S.C. 1862(b)) is amended—

added “(1) the total number of applications described in section 501(b)(2)(B) made for orders approving requests for the production of tangible things;

added “(2) the total number of such orders either granted, modified, or denied;

added “(3) the total number of applications described in section 501(b)(2)(C) made for orders approving requests for the production of call detail records;

added “(4) the total number of such orders either granted, modified, or denied;”

removed “(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

removed “(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.”

removed “(b)

removed “(1) Each report required under subsection (a) shall be submitted in unclassified form.

removed “(2) Not later than 7 days after a report is submitted under subsection (a), the Attorney General shall make such report publicly available.”

added “(1) any compliance reviews conducted by the Federal Government of the production of tangible things under section 501;”

removed “(4) each department or agency on behalf of which the Government has made application for orders approving the use of pen registers or trap and trace devices under this title;

removed “(5) for each department or agency described in paragraph (4), a breakdown of the numbers required by paragraphs (1), (2), and (3);

removed “(6) a good faith estimate of the total number of individuals who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title, rounded to the nearest 100;

removed “(7) a good faith estimate of the total number of United States persons who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title, rounded to the nearest 100; and

removed “(8) a good faith estimate of the total number of United States persons who were targeted by the installation and use of a pen register or trap and trace device authorized under an order entered under this title and whose information acquired by such pen register or trap and trace device was subsequently reviewed or accessed by a Federal officer, employee, or agent, rounded to the nearest 100.”

removed “(c)

removed “(1) Each report required under subsection (b) shall be submitted in unclassified form.

removed “(2) Not later than 7 days after a report is submitted under subsection (b), the Attorney General shall make such report publicly available.”

removed “(F) Records concerning electronic communications.

removed “(G) Records concerning wire communications.”

removed “(4) A description of all other tangible things sought by an application made for the production of any tangible things under section 501, and the number of orders under such section 501 granted, modified, or denied, for each tangible thing.

removed “(5) A description of each order under section 501 granted, modified, or denied for the production of tangible things on an ongoing basis.

removed “(6) Each department or agency on whose behalf the Director of the Federal Bureau of Investigation or a designee of the Director has made an application for an order requiring the production of any tangible things under section 501.

removed “(7) For each department or agency described in paragraph (6), a breakdown of the numbers and descriptions required by paragraphs (1), (2), (3), (4), and (5).”

removed “(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;

removed “(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

removed “(E) a good faith estimate of the total number of United States persons whose tangible things were produced under an order entered under section 501 and subsequently reviewed or accessed by a Federal officer, employee, or agent, rounded to the nearest 100.”

added “(6) any compliance reviews conducted by the Federal Government of electronic surveillance, physical searches, the installation of pen register or trap and trace devices, access to records, or acquisitions conducted under this Act.”

removed “(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.”

removed “(c) Additional annual report

removed “(1) Report required—In April of each year, the Attorney General shall submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate a report setting forth with respect to the preceding year—

removed “(A) the total number of—

removed “(i) directives issued under section 702;

removed “(ii) orders granted under section 703; and

removed “(iii) orders granted under section 704;

removed “(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—

removed “(i) a directive issued under section 702;

removed “(ii) an order granted under section 703; and

removed “(iii) an order granted under section 704;

removed “(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—

removed “(i) a directive issued under section 702;

removed “(ii) an order granted under section 703; and

removed “(iii) an order granted under section 704; and

removed “(D) a good faith estimate of the total number of United States persons whose electronic or wire communications or communications records were collected pursuant to a directive issued under section 702 and subsequently reviewed or accessed by a Federal officer, employee, or agent, rounded to the nearest 100.

removed “(2) Form—Each report required under paragraph (1) shall be submitted in unclassified form.

removed “(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.”

added “603. Annual report on orders entered

added “The Director of the Administrative Office of the United States Courts shall annually submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate and make publicly available on an Internet website—

added “(1) the number of orders entered under each of sections 105, 304, 402, 501, 702, 703, and 704;

added “(2) the number of orders modified under each of those sections;

added “(3) the number of orders denied under each of those sections; and

added “(4) the number of appointments of an individual to serve as amicus curiae under section 103, including the name of each individual appointed to serve as amicus curiae.”

removed Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended to read as follows:

removed “(c) Report on requests for national security letters

removed “(1) Classified form

removed “(A) In general—Not later than March 1, 2015, and every 180 days thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the requests made under section 2709(a) of title 18, United States Code, section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)), section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), or section 802 of the National Security Act of 1947 (50 U.S.C. 3162) during the applicable period.

removed “(B) Contents—Each report under subparagraph (A) shall include, for each provision of law described in subparagraph (A)—

removed “(i) authorized requests under the provision, including requests for subscriber information; and

removed “(ii) the number of authorized requests under the provision—

removed “(I) that relate to a United States person;

removed “(II) that relate to a person that is not a United States person;

removed “(III) that relate to a person that is—

removed “(aa) the subject of an authorized national security investigation; or

removed “(bb) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and

removed “(IV) that relate to a person that is not known to be the subject of an authorized national security investigation.

removed “(2) Unclassified form

removed “(A) In general—Not later than March 1, 2015, and every 180 days thereafter, the Attorney General shall submit to the Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Permanent Select Committee on Intelligence, the Committee on the Judiciary, and the Committee on Financial Services of the House of Representatives a report fully informing the committees concerning the aggregate total of all requests identified under paragraph (1) during the applicable period. Each report under this paragraph shall be in unclassified form.

removed “(B) Contents—Each report under subparagraph (A) shall include the aggregate total of requests—

removed “(i) that relate to a United States person;

removed “(ii) that relate to a person that is not a United States person;

removed “(iii) that relate to a person that is—

removed “(I) the subject of an authorized national security investigation; or

removed “(II) an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation; and

removed “(iv) that relate to a person that is not known to be the subject of an authorized national security investigation.

removed “(3) Definitions—In this subsection:

removed “(A) Applicable period—The term “applicable period” means—

removed “(i) with respect to the first report submitted under paragraph (1) or (2), the period beginning 180 days after the date of enactment of the USA FREEDOM Act and ending on December 31, 2014; and

removed “(ii) with respect to the second report submitted under paragraph (1) or (2), and each report thereafter, the 6-month period ending on the last day of the second month before the date for submission of the report.

removed “(B) United States person—The term “United States person” has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).”

removed Section 1061(g) of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(g)) is amended—