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Title II — FISA pen register and trap and trace device reform

H.R. 3361 · 113th Congress · Jun 2, 2014 · Lineage

II FISA pen register and trap and trace device reform

Sec. 201 Prohibition on bulk collection

(a)
Prohibition— Section 402(c) (50 U.S.C. 1842(c)) is amended—
(1)
in paragraph (1), by striking “; and” and inserting a semicolon;
(2)
in paragraph (2), by striking the period and inserting a semicolon; and
(3)
by adding at the end the following new paragraph:

“(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”

(b)
Definition— Section 401 (50 U.S.C. 1841) is amended by adding at the end the following new paragraph:

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

Sec. 202 Privacy procedures

(a)
In general— Section 402 (50 U.S.C. 1842) is amended by adding at the end the following new subsection:

“(h) The Attorney General shall ensure that appropriate policies and procedures are in place to safeguard nonpublicly available information concerning United States persons that is collected through the use of a pen register or trap and trace device installed under this section. Such policies and procedures shall, to the maximum extent practicable and consistent with the need to protect national security, include protections for the collection, retention, and use of information concerning United States persons.”

(b)
Emergency authority— Section 403 (50 U.S.C. 1843) is amended by adding at the end the following new subsection:

“(d) Information collected through the use of a pen register or trap and device installed under this section shall be subject to the policies and procedures required under section 402(h).”