U.S. Congress - Text of H.R.4005 as Introduced in House Judicious Use of Surveillance Tools In Counterterrorism Efforts Act of 2009
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Donate NowH.R.4005 - Judicious Use of Surveillance Tools In Counterterrorism Efforts Act of 2009
To place reasonable safeguards on the use of surveillance and other authorities under the USA PATRIOT Act, and for other purposes.
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HR 4005 IHCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 4005CommentsClose CommentsPermalink
To place reasonable safeguards on the use of surveillance and other authorities under the USA PATRIOT Act, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
November 3, 2009CommentsClose CommentsPermalink
November 3, 2009CommentsClose CommentsPermalink
Mr. HOLT introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To place reasonable safeguards on the use of surveillance and other authorities under the USA PATRIOT Act, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Judicious Use of Surveillance Tools In Counterterrorism Efforts Act of 2009’ or ‘JUSTICE Act’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
TITLE I--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS’ RECORDS
Sec. 101. National security letter authority.CommentsClose CommentsPermalink
Sec. 102. Judicial review of National Security Letters.CommentsClose CommentsPermalink
Sec. 103. National Security Letter compliance program and tracking database.CommentsClose CommentsPermalink
Sec. 104. Public reporting on National Security Letters.CommentsClose CommentsPermalink
Sec. 105. Emergency disclosures.CommentsClose CommentsPermalink
Sec. 106. Least intrusive means.CommentsClose CommentsPermalink
Sec. 107. Privacy protections for section 215 business records orders.CommentsClose CommentsPermalink
Sec. 108. Technical and conforming amendments.CommentsClose CommentsPermalink
TITLE II--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS’ HOMES
Sec. 201. Limitation on authority to delay notice of search warrants.CommentsClose CommentsPermalink
TITLE III--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS’ COMMUNICATIONS
Sec. 301. Limitations on roving wiretaps under Foreign Intelligence Surveillance Act.CommentsClose CommentsPermalink
Sec. 302. Privacy protections for pen registers and trap and trace devices.CommentsClose CommentsPermalink
Sec. 303. Repeal of telecommunications immunity.CommentsClose CommentsPermalink
Sec. 304. Prohibition on bulk collection under FISA Amendments Act.CommentsClose CommentsPermalink
Sec. 305. Prohibition on reverse targeting under FISA Amendments Act.CommentsClose CommentsPermalink
Sec. 306. Limits on use of unlawfully obtained information under FISA Amendments Act.CommentsClose CommentsPermalink
Sec. 307. Privacy protections for international communications of Americans collected under FISA Amendments Act.CommentsClose CommentsPermalink
Sec. 308. Clarification of computer trespass authority.CommentsClose CommentsPermalink
TITLE IV--IMPROVEMENTS TO FURTHER CONGRESSIONAL AND JUDICIAL OVERSIGHT
Sec. 401. Public reporting on the Foreign Intelligence Surveillance Act.CommentsClose CommentsPermalink
Sec. 402. Use of Foreign Intelligence Surveillance Act materials.CommentsClose CommentsPermalink
Sec. 403. Challenges to nationwide orders for electronic evidence.CommentsClose CommentsPermalink
TITLE V--IMPROVEMENTS TO FURTHER EFFECTIVE, FOCUSED INVESTIGATIONS
Sec. 501. Modification of definition of domestic terrorism.CommentsClose CommentsPermalink
Sec. 502. Clarification of intent requirement.CommentsClose CommentsPermalink
TITLE I--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS’ RECORDSCommentsClose CommentsPermalink
TITLE I--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS’ RECORDSCommentsClose CommentsPermalink
SEC. 101. NATIONAL SECURITY LETTER AUTHORITY.
(a) National Security Letter Authority for Communications Subscriber Records-CommentsClose CommentsPermalink
(1) IN GENERAL-
‘Sec. 2709. National Security Letter for communications subscriber records
‘(a) Authorization-CommentsClose CommentsPermalink
‘(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 wire or electronic communications service provider a National Security Letter requiring the production of--CommentsClose CommentsPermalink
‘(A) the name of a customer or subscriber;CommentsClose CommentsPermalink
‘(B) the address of a customer or subscriber;CommentsClose CommentsPermalink
‘(C) the length of the provision of service by the provider to a customer or subscriber (including start date) and the types of service used by the customer or subscriber;CommentsClose CommentsPermalink
‘(D) the telephone number or instrument number, or other subscriber number or identifier, of a customer or subscriber, including any temporarily assigned network address;CommentsClose CommentsPermalink
‘(E) the means and sources of payment for service by the provider (including any credit card or bank account number);CommentsClose CommentsPermalink
‘(F) information about any service or merchandise orders relating to the communications service of a customer or subscriber, including any shipping information and vendor locations; andCommentsClose CommentsPermalink
‘(G) the name and contact information, if available, of any other wire or electronic communications service providers facilitating the communications of a customer or subscriber.CommentsClose CommentsPermalink
‘(2) LIMITATION- A National Security Letter issued under this subsection may not require the production of local or long distance telephone records or electronic communications transactional information not listed in paragraph (1).CommentsClose CommentsPermalink
‘(b) Requirements-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A National Security Letter shall not be issued under subsection (a) unless--CommentsClose CommentsPermalink
‘(A) the records sought are relevant to an ongoing and authorized national security investigation (other than an assessment); andCommentsClose CommentsPermalink
‘(B) there are specific and articulable facts providing reason to believe that the records pertain to a foreign power or suspected agent of a foreign power.CommentsClose CommentsPermalink
‘(2) INVESTIGATION- For purposes of this section, an ongoing and authorized national security investigation--CommentsClose CommentsPermalink
‘(A) is an investigation conducted under guidelines approved by the Attorney General and in accordance with Executive Order 12333 (or any successor order);CommentsClose CommentsPermalink
‘(B) shall not be conducted with respect to a United States person upon the basis of activities protected by the First Amendment to the Constitution of the United States; andCommentsClose CommentsPermalink
‘(C) shall be specifically identified and recorded by an official issuing a National Security Letter under subsection (a).CommentsClose CommentsPermalink
‘(3) CONTENTS- A National Security Letter issued under subsection (a) shall--CommentsClose CommentsPermalink
‘(A) describe the records to be produced with sufficient particularity to permit the records to be fairly identified;CommentsClose CommentsPermalink
‘(B) include the date on which the records shall be provided, which shall allow a reasonable period of time within which the records can be assembled and made available;CommentsClose CommentsPermalink
‘(C) provide clear and conspicuous notice of the principles and procedures set forth in this section and section 3511 of this title, including notification of any nondisclosure requirement under subsection (c), the right to contest the National Security Letter or applicable nondisclosure requirements and procedures for doing so, and a statement laying out the rights and responsibilities of the recipient; andCommentsClose CommentsPermalink
‘(D) not contain any requirement that would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation or require the production of any documentary evidence that would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation.CommentsClose CommentsPermalink
‘(4) RETENTION OF RECORDS- The Director of the Federal Bureau of Investigation shall direct that a signed copy of each National Security Letter issued under subsection (a) be retained in the database required to be established under section 103 of the JUSTICE Act.CommentsClose CommentsPermalink
‘(c) Prohibition of Certain Disclosure-CommentsClose CommentsPermalink
‘(1) IN GENERAL-CommentsClose CommentsPermalink
‘(A) IN GENERAL- If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (4) is provided, no wire or electronic communication service provider, or officer, employee, or agent thereof, who receives a National Security Letter issued under subsection (a), shall disclose to any person the particular information specified in the certification during the time period to which the certification applies, which may be not longer than 1 year.CommentsClose CommentsPermalink
‘(B) CERTIFICATION- The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that--CommentsClose CommentsPermalink
‘(i) there is reason to believe that disclosure of particular information about the existence or contents of a National Security Letter issued under subsection (a) during the applicable time period will result in--CommentsClose CommentsPermalink
‘(I) endangering the life or physical safety of any person;CommentsClose CommentsPermalink
‘(II) flight from prosecution;CommentsClose CommentsPermalink
‘(III) destruction of or tampering with evidence;CommentsClose CommentsPermalink
‘(IV) intimidation of potential witnesses;CommentsClose CommentsPermalink
‘(V) interference with diplomatic relations; orCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) the harm identified under clause (i) relates to the ongoing and authorized national security investigation to which the records sought are relevant; andCommentsClose CommentsPermalink
‘(iii) the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause (i).CommentsClose CommentsPermalink
‘(2) EXCEPTION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A wire or electronic communication service provider, or officer, employee, or agent thereof, who receives a National Security Letter issued under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to--CommentsClose CommentsPermalink
‘(i) those persons to whom disclosure is necessary in order to comply with the National Security Letter;CommentsClose CommentsPermalink
‘(ii) an attorney in order to obtain legal advice or assistance regarding the National Security Letter; orCommentsClose CommentsPermalink
‘(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.CommentsClose CommentsPermalink
‘(B) NONDISCLOSURE REQUIREMENT- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a National Security Letter is issued under subsection (a) in the same manner as the person to whom the National Security Letter is issued.CommentsClose CommentsPermalink
‘(C) NOTICE- Any recipient who discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.CommentsClose CommentsPermalink
‘(3) EXTENSION- The Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office, may extend a nondisclosure requirement for additional periods of not longer than 1 year if, at the time of each extension, a new certification is made under paragraph (1)(B) and notice is provided to the recipient of the applicable National Security Letter that the nondisclosure requirement has been extended and the recipient has the right to judicial review of the nondisclosure requirement.CommentsClose CommentsPermalink
‘(4) RIGHT TO JUDICIAL REVIEW-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A wire or electronic communications service provider who receives a National Security Letter issued under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement and any extension thereof.CommentsClose CommentsPermalink
‘(B) TIMING-CommentsClose CommentsPermalink
‘(i) IN GENERAL- A National Security Letter issued under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government not later than 21 days after the date of receipt of the National Security Letter.CommentsClose CommentsPermalink
‘(ii) EXTENSION- A notice that the applicable nondisclosure requirement has been extended under paragraph (3) shall state that if the recipient wishes to have a court review the nondisclosure requirement, the recipient shall notify the Government not later than 21 days after the date of receipt of the notice.CommentsClose CommentsPermalink
‘(C) INITIATION OF PROCEEDINGS- If a recipient of a National Security Letter issued under subsection (a) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 of this title.CommentsClose CommentsPermalink
‘(5) TERMINATION- If the facts supporting a nondisclosure requirement cease to exist prior to the applicable time period of the nondisclosure requirement, an appropriate official of the Federal Bureau of Investigation shall promptly notify the wire or electronic service provider, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.CommentsClose CommentsPermalink
‘(d) Minimization and Destruction-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Not later than 180 days after the date of enactment of the JUSTICE Act, the Attorney General shall establish minimization and destruction procedures governing the acquisition, retention and dissemination by the Federal Bureau of Investigation of any records received by the Federal Bureau of Investigation in response to a National Security Letter issued under subsection (a).CommentsClose CommentsPermalink
‘(2) DEFINITION- In this subsection, the term ‘minimization and destruction procedures’ means--CommentsClose CommentsPermalink
‘(A) specific procedures that are reasonably designed in light of the purpose and technique of a National Security Letter, 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, including procedures to ensure that information obtained under a National Security Letter that does not meet the requirements of this section or is outside the scope of the National Security Letter, is returned or destroyed;CommentsClose CommentsPermalink
‘(B) procedures that require that nonpublicly available information, which is not foreign intelligence information (as defined in section 101(e)(1) of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1801(e)(1) )) shall not be disseminated in a manner that identifies any United States person, without the consent of the United States person, unless the identity of the United States person is necessary to understand foreign intelligence information or assess its importance; andCommentsClose CommentsPermalink‘(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.CommentsClose CommentsPermalink
‘(e) Requirement That Certain Congressional Bodies Be Informed-CommentsClose CommentsPermalink
‘(1) IN GENERAL- On a semiannual basis the Director of the Federal Bureau of Investigation shall fully inform the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the Senate and the Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives concerning all National Security Letters issued under subsection (a).CommentsClose CommentsPermalink
‘(2) CONTENTS- Each report under paragraph (1) shall include--CommentsClose CommentsPermalink
‘(A) a description of the minimization and destruction procedures adopted by the Attorney General under subsection (d), including any changes to the minimization and destruction procedures previously adopted by the Attorney General;CommentsClose CommentsPermalink
‘(B) a summary of any petitions or court proceedings under section 3511 of this title;CommentsClose CommentsPermalink
‘(C) a description of the extent to which information obtained with National Security Letters issued under subsection (a) has aided intelligence investigations and an explanation of how the information has aided the investigations; andCommentsClose CommentsPermalink
‘(D) a description of the extent to which information obtained with National Security Letters issued under subsection (a) has aided criminal prosecutions and an explanation of how the information has aided the prosecutions.CommentsClose CommentsPermalink
‘(f) Use of Information-CommentsClose CommentsPermalink
‘(1) IN GENERAL-CommentsClose CommentsPermalink
‘(A) CONSENT- Any information acquired under a National Security Letter issued under subsection (a) concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization and destruction procedures established by the Attorney General under subsection (d).CommentsClose CommentsPermalink
‘(B) LAWFUL PURPOSE- No information acquired under a National Security Letter issued under subsection (a) may be used or disclosed by Federal officers or employees except for lawful purposes.CommentsClose CommentsPermalink
‘(2) DISCLOSURE FOR LAW ENFORCEMENT PURPOSES- No information acquired under a National Security Letter issued under subsection (a) shall be disclosed for law enforcement purposes unless the disclosure is accompanied by a statement that the information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.CommentsClose CommentsPermalink
‘(3) NOTIFICATION OF INTENDED DISCLOSURE BY THE UNITED STATES- Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from a National Security Letter issued under subsection (a), the United States shall, before the trial, hearing, or other proceeding or at a reasonable time before an effort to so disclose or so use the information or submit the information in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use the information.CommentsClose CommentsPermalink
‘(4) NOTIFICATION OF INTENDED DISCLOSURE BY STATE OR POLITICAL SUBDIVISION- Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any information obtained or derived from a National Security Letter issued under subsection (a), the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use the information.CommentsClose CommentsPermalink
‘(5) MOTION TO SUPPRESS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Any aggrieved person against whom evidence obtained or derived from a National Security Letter issued under subsection (a) is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the National Security Letter, as the case may be, on the grounds that--CommentsClose CommentsPermalink
‘(i) the information was acquired in violation of the Constitution or laws of the United States; orCommentsClose CommentsPermalink
‘(ii) the National Security Letter was not issued in accordance with the requirements of this section.CommentsClose CommentsPermalink
‘(B) TIMING- A motion under subparagraph (A) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.CommentsClose CommentsPermalink
‘(6) JUDICIAL REVIEW-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In a circumstance described in subparagraph (B), a United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, if the Attorney General files an affidavit under oath that disclosure would harm the national security of the United States, review in camera such materials as may be necessary to determine whether the National Security Letter was lawfully issued.CommentsClose CommentsPermalink
‘(B) CIRCUMSTANCES- A circumstance described in this subparagraph is a circumstance in which--CommentsClose CommentsPermalink
‘(i) a court or other authority is notified under paragraph (3) or (4);CommentsClose CommentsPermalink
‘(ii) a motion is made under paragraph (5); orCommentsClose CommentsPermalink
‘(iii) any motion or request is made by an aggrieved person under any other statute or rule of the United States or any State before any court or other authority of the United States or any State to--CommentsClose CommentsPermalink
‘(I) discover or obtain materials relating to a National Security Letter issued under subsection (a); orCommentsClose CommentsPermalink
‘(II) discover, obtain, or suppress evidence or information obtained or derived from a National Security Letter issued under subsection (a).CommentsClose CommentsPermalink
‘(C) DISCLOSURE- In making a determination under subparagraph (A), unless the court finds that disclosure would not assist in determining any legal or factual issue pertinent to the case, the court may disclose to the aggrieved person, the counsel for the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.) or other appropriate security procedures and protective orders, portions of the National Security Letter, or related materials.CommentsClose CommentsPermalink
‘(7) EFFECT OF DETERMINATION OF LAWFULNESS-CommentsClose CommentsPermalink
‘(A) UNLAWFUL ORDERS- If a United States district court determines under paragraph (6) that a National Security Letter was not issued in compliance with the Constitution or laws of the United States, the court may suppress the evidence that was unlawfully obtained or derived from the National Security Letter or otherwise grant the motion of the aggrieved person.CommentsClose CommentsPermalink
‘(B) LAWFUL ORDERS- If a United States district court determines under paragraph (6) that a National Security Letter was issued in accordance with the Constitution and laws of the United States, the court shall deny the motion of the aggrieved person, except to the extent that due process requires discovery or disclosure.CommentsClose CommentsPermalink
‘(8) BINDING FINAL ORDERS- An order granting a motion or request under paragraph (6), a decision under this section that a National Security Letter was not lawful, and an order of a United States district court requiring review or granting disclosure of an application, order, or other related materials shall be a final order and binding upon all courts of the United States and the several States, except an appeal or petition to a United States court of appeals or the Supreme Court of the United States.CommentsClose CommentsPermalink
‘(g) Definitions- In this section--CommentsClose CommentsPermalink
‘(1) the terms ‘agent of a foreign power’, ‘foreign power’, and ‘United States person’ have the meanings given those terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1801 );CommentsClose CommentsPermalink‘(2) the term ‘aggrieved person’ means a person whose information or records were sought or obtained under this section; andCommentsClose CommentsPermalink
‘(3) the term ‘assessment’ means an assessment, as that term is used in the guidelines entitled ‘The Attorney General’s Guidelines for Domestic FBI Operations’, or any successor thereto.’.CommentsClose CommentsPermalink
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2709 and inserting the following:CommentsClose CommentsPermalink
‘2709. National Security Letter for communications subscriber records.’.CommentsClose CommentsPermalink
(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:CommentsClose CommentsPermalink
‘SEC. 1114. NATIONAL SECURITY LETTER FOR CERTAIN FINANCIAL RECORDS.
‘(a) Authorization-CommentsClose CommentsPermalink
‘(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 National Security Letter requiring the production of--CommentsClose CommentsPermalink
‘(A) the name of a customer or entity with whom the financial institution has a financial relationship;CommentsClose CommentsPermalink
‘(B) the address of a customer or entity with whom the financial institution has a financial relationship;CommentsClose CommentsPermalink
‘(C) the length of time during which a customer or entity has had an account or other financial relationship with the financial institution (including the start date) and the type of account or other financial relationship; andCommentsClose CommentsPermalink
‘(D) any account number or other unique identifier associated with the financial relationship of a customer or entity to the financial institution.CommentsClose CommentsPermalink
‘(2) LIMITATION- A National Security Letter issued under this subsection may not require the production of records or information not listed in paragraph (1).CommentsClose CommentsPermalink
‘(b) National Security Letter Requirements-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A National Security Letter issued under subsection (a) shall be subject to the requirements of subsections (b) 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 National Security Letter issued undersection 2709(a) of title 18, United States Code , to a wire or electronic communication service provider.CommentsClose CommentsPermalink‘(2) REPORTING- For any National Security Letter issued under subsection (a), the semiannual reports under
section 2709(e) of title 18, United States Code , shall also be submitted to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.CommentsClose CommentsPermalink‘(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, 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.’.CommentsClose CommentsPermalink
(c) National Security Letter Authority for Certain Consumer Report Records-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 626 of the Fair Credit Reporting Act (
15 U.S.C. 1681u ) is amended--CommentsClose CommentsPermalink
(A) by striking the section heading and inserting the following:CommentsClose CommentsPermalink
‘Sec. 626. National Security Letters for certain consumer report records’;
(B) by striking subsections (a) through (d) and inserting the following:CommentsClose CommentsPermalink
‘(a) Authorization-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(A) the name of a consumer;CommentsClose CommentsPermalink
‘(B) the current and former address of a consumer;CommentsClose CommentsPermalink
‘(C) the current and former places of employment of a consumer; andCommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink‘(2) LIMITATION- A National Security Letter issued under this subsection may not require the production of a consumer report.CommentsClose CommentsPermalink
‘(b) National Security Letter Requirements-CommentsClose CommentsPermalink
‘(1) IN GENERAL- A National Security Letter issued under subsection (a) shall be subject to the requirements of subsections (b) 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 National Security Letter issued undersection 2709(a) of title 18, United States Code , to a wire or electronic communication service provider.CommentsClose CommentsPermalink‘(2) REPORTING- For any National Security Letter issued under subsection (a), the semiannual reports under
section 2709(e) of title 18, United States Code , shall also be submitted to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives.’;CommentsClose CommentsPermalink
(C) by striking subsections (f) through (h); andCommentsClose CommentsPermalink
(D) by redesignating subsections (e) and (i) through (m) as subsections (c) through (h), respectively.CommentsClose CommentsPermalink
(2) REPEAL- Section 627 of the Fair Credit Reporting Act (
15 U.S.C. 1681v ) is repealed.CommentsClose CommentsPermalink(3) TECHNICAL AND CONFORMING 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:CommentsClose CommentsPermalink‘626. National Security Letters for certain consumer report records.CommentsClose CommentsPermalink
‘627. [Repealed].’.CommentsClose CommentsPermalink
SEC. 102. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
(a) Review of Nondisclosure Orders-
‘(b) Nondisclosure-CommentsClose CommentsPermalink
‘(1) IN GENERAL-CommentsClose CommentsPermalink
‘(A) NOTICE- If a recipient of a National Security Letter under section 2709 of this title, section 626 of the Fair Credit Reporting Act (
15 U.S.C. 1681u ), section 1114 of the Right to Financial Privacy Act (12 U.S.C. 3414 ), or section 802(a) of the National Security Act of 1947 (50 U.S.C. 436(a) ), wishes to have a court review a nondisclosure requirement imposed in connection with the National Security Letter, the recipient shall notify the Government not later than 21 days after the date of receipt of the National Security Letter or of notice that an applicable nondisclosure requirement has been extended.CommentsClose CommentsPermalink‘(B) APPLICATION- Not later than 21 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of particular information about the existence or contents of the relevant National Security Letter. An application under this subparagraph may be filed in the district court of the United States for any district within which the authorized investigation that is the basis for the National Security Letter is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement.CommentsClose CommentsPermalink
‘(C) CONSIDERATION- A district court of the United States that receives an application under subparagraph (B) should rule expeditiously, and may issue a nondisclosure order for a period of not longer than 1 year, unless the facts justify a longer period of nondisclosure.CommentsClose CommentsPermalink
‘(D) DENIAL- If a district court of the United States rejects an application for a nondisclosure order or extension thereof, the nondisclosure requirement shall no longer be in effect.CommentsClose CommentsPermalink
‘(2) APPLICATION CONTENTS- An application for a nondisclosure order or extension thereof under this subsection shall include--CommentsClose CommentsPermalink
‘(A) a statement of specific and articulable facts giving the applicant reason to believe that disclosure of particular information about the existence or contents of a National Security Letter described in paragraph (1)(A) during the applicable time period will result in--CommentsClose CommentsPermalink
‘(i) endangering the life or physical safety of any person;CommentsClose CommentsPermalink
‘(ii) flight from prosecution;CommentsClose CommentsPermalink
‘(iii) destruction of or tampering with evidence;CommentsClose CommentsPermalink
‘(iv) intimidation of potential witnesses;CommentsClose CommentsPermalink
‘(v) interference with diplomatic relations; orCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) an explanation of how the harm identified under subparagraph (A) relates to the ongoing and authorized national security investigation to which the records sought are relevant;CommentsClose CommentsPermalink
‘(C) an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (A); andCommentsClose CommentsPermalink
‘(D) the time period during which the Government believes the nondisclosure requirement should apply.CommentsClose CommentsPermalink
‘(3) STANDARD- A district court of the United States may issue a nondisclosure requirement order or extension thereof under this subsection if the court determines that--CommentsClose CommentsPermalink
‘(A) there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in--CommentsClose CommentsPermalink
‘(i) endangering the life or physical safety of any person;CommentsClose CommentsPermalink
‘(ii) flight from prosecution;CommentsClose CommentsPermalink
‘(iii) destruction of or tampering with evidence;CommentsClose CommentsPermalink
‘(iv) intimidation of potential witnesses;CommentsClose CommentsPermalink
‘(v) interference with diplomatic relations; orCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) the harm identified under subparagraph (A) relates to the ongoing and authorized national security investigation to which the records sought are relevant; andCommentsClose CommentsPermalink
‘(C) the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (A).CommentsClose CommentsPermalink
‘(4) RENEWAL- A nondisclosure order under this subsection may be renewed for additional periods of not longer than 1 year, unless the facts of the case justify a longer period of nondisclosure, upon submission of an application meeting the requirements of paragraph (2), and a determination by the court that the circumstances described in paragraph (3) continue to exist.’.CommentsClose CommentsPermalink
(b) Disclosure-
‘(d) Disclosure- In making determinations under this section, unless the district court of the United States finds that disclosure would not assist in determining any legal or factual issue pertinent to the case, the court may disclose to the petitioner, the counsel of the petitioner, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.) or other appropriate security procedures and protective orders, portions of the National Security Letter, or related materials.’.CommentsClose CommentsPermalink
(c) Conforming Amendments-
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by inserting after ‘(a)’ the following ‘Request- ’;CommentsClose CommentsPermalink
(B) by striking ‘2709(b)’ and inserting ‘2709’;CommentsClose CommentsPermalink
(C) by striking ‘626(a) or (b) or 627(a)’ and inserting ‘626’; andCommentsClose CommentsPermalink
(D) by striking ‘1114(a)(5)(A)’ and inserting ‘1114’; andCommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) by inserting after ‘(c)’ the following ‘Failure To Comply- ’;CommentsClose CommentsPermalink
(B) by striking ‘2709(b)’ and inserting ‘2709’;CommentsClose CommentsPermalink
(C) by striking ‘626(a) or (b) or 627(a)’ and inserting ‘626’; andCommentsClose CommentsPermalink
(D) by striking ‘1114(a)(5)(A)’ and inserting ‘1114’.CommentsClose CommentsPermalink
(d) Repeal-
SEC. 103. NATIONAL SECURITY LETTER COMPLIANCE PROGRAM AND TRACKING DATABASE.
(a) Compliance Program- The Director of the Federal Bureau of Investigation shall establish a program to ensure compliance with the amendments made by section 101.CommentsClose CommentsPermalink
(b) Tracking Database- The compliance program required under subsection (a) shall include the establishment of a database, the purpose of which shall be to track all National Security Letters.CommentsClose CommentsPermalink
(c) Information- The database required under this section shall include--CommentsClose CommentsPermalink
(1) a signed copy of each National Security Letter;CommentsClose CommentsPermalink
(2) the date the National Security Letter was issued and for what type of information;CommentsClose CommentsPermalink
(3) whether the National Security Letter seeks information regarding a United States person;CommentsClose CommentsPermalink
(4) identification of the ongoing and authorized national security investigation (other than an assessment) to which the National Security Letter relates;CommentsClose CommentsPermalink
(5) whether the National Security Letter seeks information regarding an individual who is the subject of the investigation described in paragraph (4);CommentsClose CommentsPermalink
(6) the date on which the information requested was received and, if applicable, when the information was destroyed; andCommentsClose CommentsPermalink
(7) whether the information gathered was disclosed for law enforcement purposes.CommentsClose CommentsPermalink
(d) Definitions- In this section--CommentsClose CommentsPermalink
(1) the term ‘assessment’ means an assessment, as that term is used in the guidelines entitled ‘The Attorney General’s Guidelines for Domestic FBI Operations’, or any successor thereto; andCommentsClose CommentsPermalink
(2) the term ‘National Security Letter’ means a National Security Letter issued by the Federal Bureau of Investigation under section 1114 of the Right to Financial Privacy Act of 1978 (
SEC. 104. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.
Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking ‘concerning different United States persons’; andCommentsClose CommentsPermalink
(B) in subparagraph (A), by striking ‘, excluding the number of requests for subscriber information’;CommentsClose CommentsPermalink
(2) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
‘(2) CONTENT-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) United States persons;CommentsClose CommentsPermalink
‘(ii) persons who are not United States persons;CommentsClose CommentsPermalink
‘(iii) persons who are the subjects of authorized national security investigations; orCommentsClose CommentsPermalink
‘(iv) persons who are not the subjects of authorized national security investigations.CommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
SEC. 105. EMERGENCY DISCLOSURES.
(a) Enhanced Protections for Emergency Disclosures-CommentsClose CommentsPermalink
(1) STORED COMMUNICATIONS ACT-
(A) in subsection (b)(8)--CommentsClose CommentsPermalink
(i) by striking ‘, in good faith,’ and inserting ‘reasonably’;CommentsClose CommentsPermalink
(ii) by inserting ‘immediate’ after ‘involving’; andCommentsClose CommentsPermalink
(iii) by adding before the period: ‘and the request is narrowly tailored to address the emergency, subject to the limitations of subsection (d)’;CommentsClose CommentsPermalink
(B) in subsection (c)(4)--CommentsClose CommentsPermalink
(i) by striking ‘, in good faith,’ and inserting ‘reasonably’;CommentsClose CommentsPermalink
(ii) by inserting ‘immediate’ after ‘involving’; andCommentsClose CommentsPermalink
(iii) by adding before the period: ‘, subject to the limitations of subsection (d)’;CommentsClose CommentsPermalink
(C) by redesignating subsection (d) as subsection (e);CommentsClose CommentsPermalink
(D) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
‘(d) Requirement-CommentsClose CommentsPermalink
‘(1) REQUEST- If a governmental entity requests that a provider divulge information under subsection (b)(8) or (c)(4), the request shall specify that the disclosure is on a voluntary basis and shall document the factual basis for believing that an emergency involving immediate danger of death or serious physical injury to a person requires disclosure without delay of the information relating to the emergency.CommentsClose CommentsPermalink
‘(2) NOTICE TO COURT- Not later than 5 days after the date on which a governmental entity obtains access to records under subsection (b)(8) or (c)(4), a governmental entity shall file with the appropriate court a signed, sworn statement of a supervisory official of a rank designated by the head of the governmental entity setting forth the grounds for the emergency access.’; andCommentsClose CommentsPermalink
(E) in subsection (e), as so redesignated, in each of paragraphs (1) and (2), by striking ‘subsection (b)(8)’ and inserting ‘subsections (b)(8) and (c)(4)’.CommentsClose CommentsPermalink
(2) RIGHT TO FINANCIAL PRIVACY ACT-CommentsClose CommentsPermalink
(A) EMERGENCY DISCLOSURES- The Right to Financial Privacy Act of 1978 (
12 U.S.C. 3401 et seq.) is amended by inserting after section 1120 the following:CommentsClose CommentsPermalink
‘SEC. 1121. EMERGENCY DISCLOSURES.
‘(a) In General-CommentsClose CommentsPermalink
‘(1) STANDARD- A financial institution may divulge a record described in section 1114(a) pertaining to a customer to a Government authority, if the financial institution reasonably believes that an emergency involving immediate danger of death or serious physical injury to a person requires disclosure without delay of information relating to the emergency and the request is narrowly tailored to address the emergency.CommentsClose CommentsPermalink
‘(2) NOTICE IN REQUEST- If a Government authority requests that a financial institution divulge information under this section, the request shall specify that the disclosure is on a voluntary basis, and shall document the factual basis for believing that an emergency involving immediate danger of death or serious physical injury to a person requires disclosure without delay of the information.CommentsClose CommentsPermalink
‘(b) Certificate- In the instances described in subsection (a), the Government authority shall submit to the financial institution the certificate required in section 1103(b), signed by a supervisory official of a rank designated by the head of the Government authority.CommentsClose CommentsPermalink
‘(c) Notice to Court- Not later than 5 days after the date on which a Government authority obtains access to financial records under this section, the Government authority shall file with the appropriate court a signed, sworn statement of a supervisory official of a rank designated by the head of the Government authority setting forth the grounds for the emergency access. After filing a statement under this subsection, a Government authority shall provide notice to the customer in accordance with section 1109.CommentsClose CommentsPermalink
‘(d) Reporting of Emergency Disclosures- On an annual basis, the Attorney General of the United States shall submit to the Committee on the Judiciary and the Committee on Financial Services of the House of Representatives and the Committee on the Judiciary and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing--CommentsClose CommentsPermalink
‘(1) the number of individuals for whom the Department of Justice has received voluntary disclosures under this section; andCommentsClose CommentsPermalink
‘(2) a summary of the bases for disclosure in those instances where--CommentsClose CommentsPermalink
‘(A) voluntary disclosures under this section were made to the Department of Justice; andCommentsClose CommentsPermalink
‘(B) the investigation pertaining to those disclosures was closed without the filing of criminal charges.CommentsClose CommentsPermalink
‘(e) Definition- In this section, the term ‘financial institution’ has the meaning given that term in section 1114(c).’.CommentsClose CommentsPermalink
(B) CONFORMING AMENDMENTS- The Right to Financial Privacy Act of 1978 (
12 U.S.C. 3401 et seq.) is amended--CommentsClose CommentsPermalink
(i) in section 1102 (
12 U.S.C. 3402 ), by striking ‘or 1114’ and inserting ‘1114, or 1121’; andCommentsClose CommentsPermalink(ii) in section 1109(c) (
12 U.S.C. 3409(c) ), by striking ‘1114(b)’ and inserting ‘1121’.CommentsClose CommentsPermalink(b) Clarification Regarding Data Retention- Sub
section 2703(f) of title 18, United States Code , is amended by adding at the end the following:CommentsClose CommentsPermalink
‘(3) NO DISCLOSURE WITHOUT COURT ORDER- A provider of wire or electronic communications services or a remote computing service who has received a request under this subsection shall not disclose the records referred to in paragraph (1) until the provider has received a court order or other process.’.CommentsClose CommentsPermalink
SEC. 106. LEAST INTRUSIVE MEANS.
(a) Guidelines-CommentsClose CommentsPermalink
(1) IN GENERAL- The Attorney General shall issue guidelines (consistent with Executive Order 12333 or any successor order) providing that, in national security investigations, the least intrusive collection techniques feasible shall be used if there is a choice between the use of more or less intrusive information collection methods.CommentsClose CommentsPermalink
(2) SPECIFIC COLLECTION TECHNIQUES- The guidelines required under this section shall provide guidance with regard to specific collection techniques, including the use of National Security Letters, considering such factors as--CommentsClose CommentsPermalink
(A) the effect on the privacy of individuals;CommentsClose CommentsPermalink
(B) the potential damage to reputation of individuals; andCommentsClose CommentsPermalink
(C) any special concerns under the First Amendment to the Constitution of the United States relating to a potential recipient of a National Security Letter or other legal process, including a direction that prior to issuing a National Security Letter or other legal process to a library or bookseller, investigative procedures aimed at obtaining the relevant information from entities other than a library or bookseller be used and have failed, or reasonably appear to be unlikely to succeed if tried or endanger lives if tried.CommentsClose CommentsPermalink
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) BOOKSELLER- The term ‘bookseller’ means a person or entity engaged in the sale, rental, or delivery of books, journals, magazines, or other similar forms of communication in print or digitally.CommentsClose CommentsPermalink
(2) LIBRARY- The term ‘library’ means a library (as that term is defined in section 213(1) of the Library Services and Technology Act (
(3) NATIONAL SECURITY LETTER- The term ‘National Security Letter’ means a National Security Letter issued by the Federal Bureau of Investigation under section 1114 of the Right to Financial Privacy Act of 1978 (
SEC. 107. PRIVACY PROTECTIONS FOR SECTION 215 BUSINESS RECORDS ORDERS.
(a) Privacy Protections for Section 215 Business Records Orders-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 501(b) of the Foreign Intelligence Surveillance Act of 1978 (
(A) in paragraph (1)(B), by striking ‘and’ after the semicolon;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking ‘, such things being presumptively’ and all that follows through the end of the subparagraph and inserting a semicolon; andCommentsClose CommentsPermalink
(ii) by striking subparagraph (B) and inserting the following:CommentsClose CommentsPermalink
‘(B) a statement of specific and articulable facts providing reason to believe that the tangible things sought--CommentsClose CommentsPermalink
‘(i) pertain to a suspected agent of a foreign power or an individual who is the subject of an ongoing and authorized national security investigation (other than an assessment (as defined in
section 2709 of title 18, United States Code ));CommentsClose CommentsPermalink‘(ii) pertain to an individual who has been in contact with, or otherwise directly linked to, a suspected agent of a foreign power or an individual who is the subject of an ongoing and authorized national security investigation (other than an assessment); orCommentsClose CommentsPermalink
‘(iii) pertain to the activities of a suspected agent of a foreign power, where those activities are the subject of an ongoing and authorized national security investigation (other than an assessment), and obtaining the records is the least intrusive means that could be used to identify persons believed to be involved in the activities; andCommentsClose CommentsPermalink
‘(C) a statement of proposed minimization procedures; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
‘(3) if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include--CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) endangering the life or physical safety of any person;CommentsClose CommentsPermalink
‘(ii) flight from prosecution;CommentsClose CommentsPermalink
‘(iii) destruction of or tampering with evidence;CommentsClose CommentsPermalink
‘(iv) intimidation of potential witnesses;CommentsClose CommentsPermalink
‘(v) interference with diplomatic relations; orCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(C) an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (A); andCommentsClose CommentsPermalink
‘(D) the time period during which the Government believes the nondisclosure requirement should apply.’.CommentsClose CommentsPermalink
(2) ORDER- Section 501(c) of the Foreign Intelligence Surveillance Act of 1978 (
(A) in paragraph (1)--CommentsClose CommentsPermalink
(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)’; andCommentsClose CommentsPermalink
(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).’; andCommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (C), by inserting before the semicolon ‘, if applicable’;CommentsClose CommentsPermalink
(ii) in subparagraph (D), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(iii) in subparagraph (E), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(iv) by adding at the end the following:CommentsClose CommentsPermalink
‘(F) shall direct that the minimization procedures be followed.’.CommentsClose CommentsPermalink
(3) NONDISCLOSURE- Section 501(d) of the Foreign Intelligence Surveillance Act of 1978 (
‘(d) Nondisclosure-CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(2) EXCEPTION-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(i) those persons to whom disclosure is necessary in order to comply with an order under this section;CommentsClose CommentsPermalink
‘(ii) an attorney in order to obtain legal advice or assistance regarding the order; orCommentsClose CommentsPermalink
‘(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(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 for 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).CommentsClose CommentsPermalink
‘(4) JURISDICTION- An application for a renewal under this subsection shall be made to--CommentsClose CommentsPermalink
‘(A) a judge of the court established under section 103(a); orCommentsClose CommentsPermalink
‘(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).’.CommentsClose CommentsPermalink
(4) MINIMIZATION- Section 501(g) of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1861(g) ) is amended--CommentsClose CommentsPermalink
(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.’; andCommentsClose CommentsPermalink
(B) in paragraph (2)(A), by inserting ‘acquisition and’ after ‘to minimize the’.CommentsClose CommentsPermalink
(5) USE OF INFORMATION- Section 501(h) of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1861(h) ) is amended to read as follows:CommentsClose CommentsPermalink‘(h) Use of Information-CommentsClose CommentsPermalink
‘(1) IN GENERAL-CommentsClose CommentsPermalink
‘(A) CONSENT- Any tangible things or information acquired from an order under this section concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures required under this section.CommentsClose CommentsPermalink
‘(B) USE AND DISCLOSURE- No tangible things or information acquired under an order under this section may be used or disclosed by Federal officers or employees except for lawful purposes.CommentsClose CommentsPermalink
‘(2) DISCLOSURE FOR LAW ENFORCEMENT PURPOSES- No tangible things or information acquired from an order under this section shall be disclosed for law enforcement purposes unless the disclosure is accompanied by a statement that the tangible things or information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.CommentsClose CommentsPermalink
‘(3) NOTIFICATION OF INTENDED DISCLOSURE BY THE UNITED STATES- Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any tangible things or information obtained or derived from an order under this section, the United States shall, before the trial, hearing, or other proceeding or at a reasonable time before an effort to so disclose or so use the tangible things or information or submit them in evidence, notify the aggrieved person and the court or other authority in which the tangible things or information are to be disclosed or used that the United States intends to so disclose or so use the tangible things or information.CommentsClose CommentsPermalink
‘(4) NOTIFICATION OF INTENDED DISCLOSURE BY STATE OR POLITICAL SUBDIVISION- Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any tangible things or information obtained or derived from an order issued under this section, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the tangible things or information are to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use the tangible things or information.CommentsClose CommentsPermalink
‘(5) MOTION TO SUPPRESS-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Any aggrieved person against whom evidence obtained or derived from an order issued under this section is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the order, as the case may be, on the grounds that--CommentsClose CommentsPermalink
‘(i) the tangible things or information were acquired in violation of the Constitution or laws of the United States; orCommentsClose CommentsPermalink
‘(ii) the order was not issued in accordance with the requirements of this section.CommentsClose CommentsPermalink
‘(B) TIMING- A motion under subparagraph (A) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.CommentsClose CommentsPermalink
‘(6) JUDICIAL REVIEW-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In a circumstance described in subparagraph (B), a United States district court or, where the motion is made before another authority, the United States district court in the same district as the authority shall, if the Attorney General files an affidavit under oath that disclosure would harm the national security of the United States, review in camera the application, order, and such other related materials relating to the order issued under this section as may be necessary to determine whether the order was lawfully authorized and served.CommentsClose CommentsPermalink
‘(B) CIRCUMSTANCES- A circumstance described in this subparagraph is a circumstance in which--CommentsClose CommentsPermalink
‘(i) a court or other authority is notified under paragraph (3) or (4);CommentsClose CommentsPermalink
‘(ii) a motion is made under paragraph (5); orCommentsClose CommentsPermalink
‘(iii) any motion or request is made by an aggrieved person under any other statute or rule of the United States or any State before any court or other authority of the United States or any State to--CommentsClose CommentsPermalink
‘(I) discover or obtain applications, orders, or other materials relating to an order issued under this section; orCommentsClose CommentsPermalink
‘(II) discover, obtain, or suppress evidence or information obtained or derived from an order issued under this section.CommentsClose CommentsPermalink
‘(C) DISCLOSURE- In making a determination under subparagraph (A), unless the United States district court finds that disclosure would not assist in determining any legal or factual issue pertinent to the case, the court may disclose to the aggrieved person, the counsel for the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.) or other appropriate security procedures and protective orders, portions of the application, order, or other related materials, or evidence or information obtained or derived from the order.CommentsClose CommentsPermalink
‘(7) EFFECT OF DETERMINATION OF LAWFULNESS-CommentsClose CommentsPermalink
‘(A) UNLAWFUL ORDERS- If a United States district court determines under paragraph (6) that an order was not authorized or served in compliance with the Constitution or laws of the United States, the court may suppress the evidence which was unlawfully obtained or derived from the order or otherwise grant the motion of the aggrieved person.CommentsClose CommentsPermalink
‘(B) LAWFUL ORDERS- If the court determines that an order issued under this section was lawfully authorized and served, it shall deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.CommentsClose CommentsPermalink
‘(8) BINDING FINAL ORDERS- An order granting a motion or request under paragraph (6), a decision under this section that an order issued under this section was not lawful, and an order of a United States district court requiring review or granting disclosure of an application, order, or other materials relating to an order issued under this section shall be a final order and binding upon all courts of the United States and the several States, except an appeal or petition to a United States court of appeals or the Supreme Court of the United States.’.CommentsClose CommentsPermalink
(6) DEFINITION-CommentsClose CommentsPermalink
(A) IN GENERAL- Title V of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1861 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink
‘SEC. 503. DEFINITIONS.
‘In this title, the following definitions apply:CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in this section, terms used in this title that are also used in title I shall have the meanings given those terms by section 101.CommentsClose CommentsPermalink
‘(2) AGGRIEVED PERSON- The term ‘aggrieved person’ means any person whose tangible things or information were acquired under an order issued under this title.’.CommentsClose CommentsPermalink
(B) TECHNICAL AND CONFORMING AMENDMENT- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1861 et seq.) is amended by inserting after the item relating to section 502 the following:CommentsClose CommentsPermalink‘Sec. 503. Definitions.’.CommentsClose CommentsPermalink
(b) Judicial Review of Section 215 Orders- Section 501(f) of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1861 ) is amended to read as follows:CommentsClose CommentsPermalink‘(f) Judicial Review-CommentsClose CommentsPermalink
‘(1) ORDER FOR PRODUCTION- Not later than the earlier of 21 days after the date of service upon any person of an order issued under subsection (c) and the return date specified in the order, the person may file, in the court established under section 103(a) or in the United States district court for the judicial district within which the person resides, is found, or transacts business, a petition for the court to modify or set aside the order. The period for compliance with an order issued under subsection (c), or any portion of the order, shall be tolled while a petition under this paragraph is pending in the court. A petition under this paragraph shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the order issued under subsection (c) to comply with this section or upon any constitutional or other legal right or privilege of the person.CommentsClose CommentsPermalink
‘(2) NONDISCLOSURE ORDER-CommentsClose CommentsPermalink
‘(A) IN GENERAL- A person prohibited from disclosing information under subsection (d) may file, in the court established under section 103(a) or in the United States district court for the judicial district within which the person resides, is found, or transacts business, a petition for the court to set aside the nondisclosure requirement. A petition under this subparagraph shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the nondisclosure requirement to comply with this section or upon any constitutional or other legal right or privilege of the person.CommentsClose CommentsPermalink
‘(B) STANDARD- The court shall modify or set aside a nondisclosure requirement unless the court determines that--CommentsClose CommentsPermalink
‘(i) there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in--CommentsClose CommentsPermalink
‘(I) endangering the life or physical safety of any person;CommentsClose CommentsPermalink
‘(II) flight from prosecution;CommentsClose CommentsPermalink
‘(III) destruction of or tampering with evidence;CommentsClose CommentsPermalink
‘(IV) intimidation of potential witnesses;CommentsClose CommentsPermalink
‘(V) interference with diplomatic relations; orCommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(ii) the harm identified under clause (i) relates to the authorized investigation to which the tangible things sought are relevant; andCommentsClose CommentsPermalink
‘(iii) the nondisclosure requirement is narrowly tailored to address the specific harm identified under clause (i).CommentsClose CommentsPermalink
‘(3) RULEMAKING-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 180 days after the date of enactment of the JUSTICE Act, the court established under section 103(a) shall comply with section 103(g) by establishing any rules and procedures and taking any actions as are reasonably necessary to administer the responsibilities of the court under this subsection.CommentsClose CommentsPermalink
‘(B) REPORTING- Not later than 30 days after the date on which the court promulgates rules and procedures under subparagraph (A), the court established under section 103(a) shall transmit a copy of the rules and procedures, in an unclassified for to the greatest extent possible (with a classified annex, if necessary), to the persons and entities listed in section 103(g)(2).CommentsClose CommentsPermalink
‘(4) DISCLOSURES TO PETITIONERS- In making determinations under this subsection, unless the court finds that disclosure would not assist in determining any legal or factual issue pertinent to the case, the court may disclose to the petitioner, the counsel for the petitioner, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.) or other appropriate security procedures and protective orders, portions of the application, order, or other related materials.’.CommentsClose CommentsPermalink
(c) Sunset Repeal- Section 102(b) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (
Public Law 109-177 ;50 U.S.C. 1805 note,50 U.S.C. 1861 note, and50 U.S.C. 1862 note) is repealed.CommentsClose CommentsPermalink
SEC. 108. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Title 18-
(b) Other Law- Section 507(b) of the National Security Act of 1947 (
(1) by striking paragraphs (4) and (5); andCommentsClose CommentsPermalink
(2) by redesignating paragraph (6) as paragraph (4).CommentsClose CommentsPermalink
TITLE II--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS’ HOMESCommentsClose CommentsPermalink
TITLE II--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS’ HOMESCommentsClose CommentsPermalink
SEC. 201. LIMITATION ON AUTHORITY TO DELAY NOTICE OF SEARCH WARRANTS.
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘may have an adverse result (as defined in section 2705, except if the adverse results consist only of unduly delaying a trial)’ and inserting ‘will endanger the life or physical safety of an individual, result in flight from prosecution, result in the destruction of or tampering with the evidence sought under the warrant, or result in intimidation of potential witnesses’; andCommentsClose CommentsPermalink
(B) in paragraph (3), by striking ‘30 days’ and all that follows and inserting ‘7 days after the date of its execution.’;CommentsClose CommentsPermalink
(2) in subsection (c), by striking ‘for good cause shown’ and all that follows and inserting ‘upon application of the Attorney General, the Deputy Attorney General, or an Associate Attorney General, for additional periods of not more than 21 days for each application, if the court finds, for each application, reasonable cause to believe that notice of the execution of the warrant will endanger the life or physical safety of an individual, result in flight from prosecution, result in the destruction of or tampering with the evidence sought under the warrant, or result in intimidation of potential witnesses.’;CommentsClose CommentsPermalink
(3) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(4) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
‘(d) Prohibition on Use as Evidence- If any property or material has been seized under subsection (b) and notice has been delayed, the property or material and any evidence derived therefrom may not be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the property or material was obtained in violation of this section, or if notice required by this section or by a warrant issued under this section was not provided or was not timely provided.’.CommentsClose CommentsPermalink
TITLE III--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS’ COMMUNICATIONSCommentsClose CommentsPermalink
TITLE III--REASONABLE SAFEGUARDS TO PROTECT THE PRIVACY OF AMERICANS’ COMMUNICATIONSCommentsClose CommentsPermalink
SEC. 301. LIMITATIONS ON ROVING WIRETAPS UNDER FOREIGN INTELLIGENCE SURVEILLANCE ACT.
Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 (
(1) in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following:CommentsClose CommentsPermalink
‘(A)(i) the identity of the target of the electronic surveillance, if known; orCommentsClose CommentsPermalink
‘(ii) if the identity of the target is not known, a description of the specific target and the nature and location of the facilities and places at which the electronic surveillance will be directed;CommentsClose CommentsPermalink
‘(B)(i) the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known; orCommentsClose CommentsPermalink
‘(ii) if any of the facilities or places are not known, the identity of the target;’; andCommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
‘(B) in cases where the facility or place at which the electronic surveillance will be directed is not known at the time the order is issued, that the electronic surveillance be conducted only for such time as it is reasonable to presume that the target of the surveillance is or was reasonably proximate to the particular facility or place;’.CommentsClose CommentsPermalink
SEC. 302. PRIVACY PROTECTIONS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES.
(a) Criminal Authority-CommentsClose CommentsPermalink
(1) APPLICATION FOR AN ORDER-
‘(2) a statement by the applicant that the information likely to be obtained is--CommentsClose CommentsPermalink
‘(A) relevant to an ongoing criminal investigation being conducted by that agency; andCommentsClose CommentsPermalink
‘(B) there are specific and articulable facts providing reason to believe that the information--CommentsClose CommentsPermalink
‘(i) pertains to an individual who is the subject of an ongoing criminal investigation;CommentsClose CommentsPermalink
‘(ii) pertains to an individual who has been in contact with, or otherwise directly linked to, an individual who is the subject of an ongoing criminal investigation; orCommentsClose CommentsPermalink
‘(iii) pertain to the activities of an individual who is the subject of an ongoing criminal investigation, where those activities are the subject of an ongoing criminal investigation, and obtaining the records is the least intrusive means that could be used to identify persons believed to be involved in the activities.’.CommentsClose CommentsPermalink
(2) ISSUANCE OF AN ORDER-
(A) in paragraph (1), by striking ‘the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation.’ and inserting ‘the application meets the requirements of section 3122.’; andCommentsClose CommentsPermalink
(B) in paragraph (2), by striking ‘the State law enforcement or investigative officer’ and all that follows and inserting ‘the application meets the requirements of section 3122.’.CommentsClose CommentsPermalink
(3) REPORTING-
(A) in the matter preceding paragraph (1), by striking ‘law enforcement agencies of the Department of Justice’ and inserting ‘attorneys for the Government’;CommentsClose CommentsPermalink
(B) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(C) in paragraph (5), by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink
(D) in the matter preceding paragraph (1), by striking ‘The Attorney General’ and inserting the following:CommentsClose CommentsPermalink
‘(a) Report to Congress- The Attorney General’; andCommentsClose CommentsPermalink
(E) by adding at the end the following:CommentsClose CommentsPermalink
‘(6) whether the application for the order and the applications for any extensions were granted as applied for, modified, or denied;CommentsClose CommentsPermalink
‘(7) the specific types of dialing, routing, addressing, or signaling information sought in the application and obtained with the order; andCommentsClose CommentsPermalink
‘(8) a summary of any litigation to which the Government is or was a party regarding the interpretation of this chapter.CommentsClose CommentsPermalink
‘(b) Public Report- The Attorney General shall annually make public a full and complete report concerning the number of applications for pen register orders and orders for trap and trace devices applied for under this chapter and the number of the orders and extensions of the orders granted or denied under this chapter during the preceding calendar year. Each report under this subsection shall include a summary and analysis of the data required to be reported to Congress under subsection (a).’.CommentsClose CommentsPermalink
(4) NOTICE-
‘(e) Notice-CommentsClose CommentsPermalink
‘(1) INVENTORY- A court that receives an application for an order or extension under section 3122(a) shall cause to be served on the persons named in the application, and any other party to communications the court determines should receive notice in the interest of justice, an inventory, including--CommentsClose CommentsPermalink
‘(A) the fact of the application for an order or extension under section 3122(a) and whether the court granted or denied the application; andCommentsClose CommentsPermalink
‘(B) if the order or extension was granted--CommentsClose CommentsPermalink
‘(i) the date of the entry of the order or extension and the period of authorized, approved, or disapproved use of the pen register or trap and trace device;CommentsClose CommentsPermalink
‘(ii) whether a pen register or trap and trace device was installed or used during the period authorized; andCommentsClose CommentsPermalink
‘(iii) the specific types of dialing, routing, addressing, or signaling information sought in the application and collected by the pen register or trap and trace device.CommentsClose CommentsPermalink
‘(2) TIMING- The court shall serve notice under paragraph (1) within a reasonable time, but not later than 90 days after--CommentsClose CommentsPermalink
‘(A) the date of the filing of the application for an order or extension under section 3122(a) that is denied; orCommentsClose CommentsPermalink
‘(B) the date on which an order, or extensions thereof, that is granted terminates.CommentsClose CommentsPermalink
‘(3) DELAY- The court may issue an ex parte order postponing the service of the inventory required under paragraph (1) upon a showing of good cause by an attorney for the Government.CommentsClose CommentsPermalink
‘(4) INSPECTION- Upon the filing of a motion, the court may make available for inspection by a person served under paragraph (1), or counsel for the person, such portions of the collected communications, applications, and orders as the court determines to be in the interest of justice.’.CommentsClose CommentsPermalink
(b) Foreign Intelligence Authority-CommentsClose CommentsPermalink
(1) APPLICATION- Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 (
(A) in paragraph (1), buy striking ‘and’ at the end; andCommentsClose CommentsPermalink
(B) by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink
‘(2) a statement by the applicant that--CommentsClose CommentsPermalink
‘(A) the records sought are relevant to an ongoing and authorized national security investigation (other than an assessment (as defined in
section 2709 of title 18, United States Code )); andCommentsClose CommentsPermalink‘(B) there are specific and articulable facts providing reason to believe that the records--CommentsClose CommentsPermalink
‘(i) pertain to a suspected agent of a foreign power or an individual who is the subject of an ongoing and authorized national security investigation (other than an assessment);CommentsClose CommentsPermalink
‘(ii) pertain to an individual who has been in contact with, or otherwise directly linked to, a suspected agent of a foreign power or an individual who is the subject of an ongoing and authorized national security investigation (other than an assessment); orCommentsClose CommentsPermalink
‘(iii) pertain to the activities of a suspected agent of a foreign power, where those activities are the subject of an ongoing and authorized national security investigation (other than an assessment), and obtaining the records is the least intrusive means that could be used to identify persons believed to be involved in the activities; andCommentsClose CommentsPermalink
‘(3) a statement of proposed minimization procedures.’.CommentsClose CommentsPermalink
(2) MINIMIZATION-CommentsClose CommentsPermalink
(A) DEFINITION- Section 401 of the Foreign Intelligence Surveillance Act of 1978 (
‘(4) The term ‘minimization procedures’ means--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(B) PEN REGISTERS AND TRAP AND TRACE DEVICES- Section 402 of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1842 ) is amended--CommentsClose CommentsPermalink
(i) in subsection (d)--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(II) in paragraph (2)(B)--CommentsClose CommentsPermalink
(aa) in clause (ii)(II), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink
(bb) by adding at the end the following:CommentsClose CommentsPermalink
‘(iv) the minimization procedures be followed; and’; andCommentsClose CommentsPermalink
(ii) by adding at the end the following:CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(C) EMERGENCIES- Section 403 of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1843 ) is amended--CommentsClose CommentsPermalink
(i) by redesignating subsection (c) as (d); andCommentsClose CommentsPermalink
(ii) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
‘(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 the minimization procedures required by this title for the issuance of a judicial order be followed.’.CommentsClose CommentsPermalink
(D) USE OF INFORMATION- Section 405(a) of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1845(a) ) is amended by striking ‘provisions of’ and inserting ‘minimization procedures required under’.CommentsClose CommentsPermalink
SEC. 303. REPEAL OF TELECOMMUNICATIONS IMMUNITY.
(a) In General- The Foreign Intelligence Surveillance Act of 1978 is amended by striking title VIII (
(b) Rule of Construction- Nothing in the amendments made by this section shall be construed to affect any limitation on liability otherwise provided under titles I through VII of the Foreign Intelligence Surveillance Act of 1978 (
(c) Technical and Conforming Amendment- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (
SEC. 304. PROHIBITION ON BULK COLLECTION UNDER FISA AMENDMENTS ACT.
Section 702(g)(2)(A) of the Foreign Intelligence Surveillance Act of 1978 (
(1) in clause (vi), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) by redesignating clause (vii) as clause (viii); andCommentsClose CommentsPermalink
(3) by inserting after clause (vi) the following:CommentsClose CommentsPermalink
‘(vii) the acquisition of the contents (as that term is defined in
section 2510(8) of title 18, United States Code )) of any communication is limited to communications to which any party is an individual target (which shall not be limited to known or named individuals) who is reasonably believed to be located outside of the United States, and a significant purpose of the acquisition of the communications of the target is to obtain foreign intelligence information; and’.CommentsClose CommentsPermalink
SEC. 305. PROHIBITION ON REVERSE TARGETING UNDER FISA AMENDMENTS ACT.
Section 702 of the Foreign Intelligence Surveillance Act of 1978 (
(1) in subsection (b)(2), by striking ‘the purpose’ and all that follows and inserting the following: ‘a significant purpose of the acquisition is to acquire the communications of a particular, known person reasonably believed to be located in the United States, except in accordance with title I;’;CommentsClose CommentsPermalink
(2) in subsection (d)(1)(A)--CommentsClose CommentsPermalink
(A) by striking ‘ensure that’ and insert the following: ‘ensure--CommentsClose CommentsPermalink
‘(i) that’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(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’;CommentsClose CommentsPermalink
(3) in subsection (g)(2)(A)(i)(I)--CommentsClose CommentsPermalink
(A) by striking ‘ensure that’ and insert the following: ‘ensure--CommentsClose CommentsPermalink
‘(aa) that’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(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’; andCommentsClose CommentsPermalink
(4) in subsection (i)(2)(B)(i)--CommentsClose CommentsPermalink
(A) by striking ‘ensure that’ and insert the following: ‘ensure--CommentsClose CommentsPermalink
‘(I) that’; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
‘(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’.CommentsClose CommentsPermalink
SEC. 306. LIMITS ON USE OF UNLAWFULLY OBTAINED INFORMATION UNDER FISA AMENDMENTS ACT.
Section 702(i)(3) of the Foreign Intelligence Surveillance Act of 1978 (
‘(B) CORRECTION OF DEFICIENCIES-CommentsClose CommentsPermalink
‘(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--CommentsClose CommentsPermalink
‘(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; orCommentsClose CommentsPermalink
‘(II) cease the acquisition authorized under subsection (a).CommentsClose CommentsPermalink
‘(ii) LIMITATION ON USE OF INFORMATION-CommentsClose CommentsPermalink
‘(I) IN GENERAL- Except as provided in subclause (II), no information obtained or evidence derived from an acquisition under clause (i)(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.CommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
SEC. 307. PRIVACY PROTECTIONS FOR INTERNATIONAL COMMUNICATIONS OF AMERICANS COLLECTED UNDER FISA AMENDMENTS ACT.
(a) In General- Title VII of the Foreign Intelligence Surveillance Act of 1978 (
‘SEC. 709. ADDITIONAL SAFEGUARDS FOR COMMUNICATIONS OF PERSONS IN THE UNITED STATES.
‘(a) Limitations on Acquisition of Communications-CommentsClose CommentsPermalink
‘(1) LIMITATION- Except as authorized under title I or paragraph (2), no communication shall be acquired under this title if the Government knows before or at the time of acquisition that the communication is to or from a person reasonably believed to be located in the United States.CommentsClose CommentsPermalink
‘(2) EXCEPTION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In addition to any authority under title I to acquire communications described in paragraph (1), the communications may be acquired if--CommentsClose CommentsPermalink
‘(i) there is reason to believe that the communication concerns international terrorist activities directed against the United States, or activities in preparation therefor;CommentsClose CommentsPermalink
‘(ii) there is probable cause to believe that the target reasonably believed to be located outside the United States is an agent of a foreign power and the foreign power is a group engaged in international terrorism or activities in preparation therefor; orCommentsClose CommentsPermalink
‘(iii) there is reason to believe that the acquisition is necessary to prevent death or serious bodily harm.CommentsClose CommentsPermalink
‘(B) ACCESS TO COMMUNICATIONS- Communications acquired under this paragraph shall be treated in accordance with subsection (b).CommentsClose CommentsPermalink
‘(3) PROCEDURES FOR DETERMINATIONS BEFORE OR AT THE TIME OF ACQUISITION-CommentsClose CommentsPermalink
‘(A) SUBMISSION- Not later than 120 days after the date of enactment of the JUSTICE Act, the Attorney General, in consultation with the Director of National Intelligence, shall submit to the Foreign Intelligence Surveillance Court for approval procedures for determining before or at the time of acquisition, where reasonably practicable, whether a communication is to or from a person reasonably believed to be located in the United States and whether the exception under paragraph (2) applies to that communication.CommentsClose CommentsPermalink
‘(B) REVIEW- The Foreign Intelligence Surveillance Court shall approve the procedures submitted under subparagraph (A) if the procedures are reasonably designed to determine before or at the time of acquisition, where reasonably practicable, whether a communication is to or from a person reasonably believed to be located in the United States and whether the exception under paragraph (2) applies to that communication.CommentsClose CommentsPermalink
‘(C) PROCEDURES DO NOT MEET REQUIREMENTS- If the Foreign Intelligence Surveillance Court concludes that the procedures submitted under subparagraph (A) do not meet the requirements of subparagraph (B), the Court shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph to the Foreign Intelligence Surveillance Court of Review.CommentsClose CommentsPermalink
‘(D) USE OF PROCEDURES- If the Foreign Intelligence Surveillance Court approves procedures under this paragraph, the Government shall use the procedures in any acquisition of communications under this title.CommentsClose CommentsPermalink
‘(E) REVISIONS- The Attorney General, in consultation with the Director of National Intelligence, may submit new or amended procedures to the Foreign Intelligence Surveillance Court for review under this paragraph.CommentsClose CommentsPermalink
‘(F) RELIABILITY- If the Government obtains new information relating to the reliability of procedures approved under this paragraph or the availability of more reliable procedures, the Attorney General shall submit to the Foreign Intelligence Surveillance Court the information.CommentsClose CommentsPermalink
‘(b) Limitations on Access to Communications-CommentsClose CommentsPermalink
‘(1) IN GENERAL- At such time as the Government can reasonably determine that a communication acquired under this title (including a communication acquired under subsection (a)(2)) is to or from a person reasonably believed to be located in the United States, the communication shall be segregated or specifically designated and no person shall access the communication, except in accordance with title I or this section.CommentsClose CommentsPermalink
‘(2) EXCEPTIONS- In addition to any authority under title I, including the emergency provision in section 105(f), a communication described in paragraph (1) may be accessed and disseminated for a period of not longer than 7 days if--CommentsClose CommentsPermalink
‘(A)(i) there is reason to believe that the communication concerns international terrorist activities directed against the United States, or activities in preparation therefor;CommentsClose CommentsPermalink
‘(ii) there is probable cause to believe that the target reasonably believed to be located outside the United States is an agent of a foreign power and the foreign power is a group engaged in international terrorism or activities in preparation therefor; orCommentsClose CommentsPermalink
‘(iii) there is reason to believe that the access is necessary to prevent death or serious bodily harm;CommentsClose CommentsPermalink
‘(B) the Attorney General notifies the Foreign Intelligence Surveillance Court immediately of the access; andCommentsClose CommentsPermalink
‘(C) not later than 7 days after the date the access is initiated, the Attorney General--CommentsClose CommentsPermalink
‘(i) makes an application for an order under title I; orCommentsClose CommentsPermalink
‘(ii) submits to the Foreign Intelligence Surveillance Court a document that--CommentsClose CommentsPermalink
‘(I) certifies that--CommentsClose CommentsPermalink
‘(aa) there is reason to believe that the communication concerns international terrorist activities directed against the United States, or activities in preparation therefor;CommentsClose CommentsPermalink
‘(bb) there is probable cause to believe that the target reasonably believed to be located outside the United States is an agent of a foreign power and the foreign power is a group engaged in international terrorism or activities in preparation therefor; orCommentsClose CommentsPermalink
‘(cc) there is reason to believe that the access is necessary to prevent death or serious bodily harm; andCommentsClose CommentsPermalink
‘(II) identifies the target of the collection, the party to the communication who is in the United States if known, and the extent to which information relating to the communication has been disseminated.CommentsClose CommentsPermalink
‘(3) DENIAL OF COURT ORDER- If an application for a court order described in paragraph (2)(C)(i) is made and is not approved, the Attorney General shall submit to the Foreign Intelligence Surveillance Court, not later than 7 days after the date of the denial of the application, the document described in paragraph (2)(C)(ii).CommentsClose CommentsPermalink
‘(4) ADDITIONAL COURT AUTHORITIES-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Foreign Intelligence Surveillance Court may--CommentsClose CommentsPermalink
‘(i) limit access to communications described in paragraph (1) relating to a particular target if the Court determines that any certification submitted under paragraph (2)(C)(ii)(I) with respect to that target is clearly erroneous; andCommentsClose CommentsPermalink
‘(ii) require the Attorney General to provide the factual basis for a certification submitted under paragraph (2)(C)(ii)(I), if the Court determines it would aid the Court in conducting review under this subsection.CommentsClose CommentsPermalink
‘(B) FISC ACCESS- The Foreign Intelligence Surveillance Court shall have access to any communications that have been segregated or specifically designated under paragraph (1) and any information the use of which has been limited under paragraph (5).CommentsClose CommentsPermalink
‘(5) FAILURE TO NOTIFY-CommentsClose CommentsPermalink
‘(A) IN GENERAL- In the circumstances described in subparagraph (B), access to a communication shall terminate, and no information obtained or evidence derived from the access 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 access shall subsequently be used or disclosed in any manner by Federal officers or employees without the consent of the person, except with the approval of the Attorney General if the information indicates a threat of death or serious bodily harm to any person, or if a court order is obtained under title I.CommentsClose CommentsPermalink
‘(B) CIRCUMSTANCES- The circumstances described in this subparagraph are circumstances in which--CommentsClose CommentsPermalink
‘(i) as of the date that is 7 days after the date on which access to a communication is initiated under paragraph (2), a court order described in paragraph (2)(C)(i) has not been sought and the document described in paragraph (2)(C)(ii) has not been submitted; orCommentsClose CommentsPermalink
‘(ii) as of the date that is 7 days after an application for a court order described in paragraph (2)(C)(i) is denied, the document described in paragraph (2)(C)(ii) is not submitted in accordance with paragraph (3).CommentsClose CommentsPermalink
‘(6) EVIDENCE OF A CRIME- Information or communications subject to this subsection may be disseminated for law enforcement purposes if it is evidence that a crime has been, is being, or is about to be committed, if dissemination is made in accordance with section 106(b).CommentsClose CommentsPermalink
‘(7) PROCEDURES FOR DETERMINATIONS AFTER ACQUISITION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Not later than 120 days after the date of enactment of the JUSTICE Act, the Attorney General, in consultation with the Director of National Intelligence, shall submit to the Foreign Intelligence Surveillance Court for approval procedures for determining, where reasonably practicable, whether a communication acquired under this title is to or from a person reasonably believed to be in the United States.CommentsClose CommentsPermalink
‘(B) REVIEW- The Foreign Intelligence Surveillance Court shall approve the procedures submitted under subparagraph (A) if the procedures are reasonably designed to determine, where reasonably practicable, whether a communication acquired under this title is a communication to or from a person reasonably believed to be located in the United States.CommentsClose CommentsPermalink
‘(C) PROCEDURES DO NOT MEET REQUIREMENTS- If the Foreign Intelligence Surveillance Court concludes that the procedures submitted under subparagraph (A) do not meet the requirements of subparagraph (B), the Court shall enter an order so stating and provide a written statement for the record of the reasons for the determination. The Government may appeal an order under this subparagraph to the Foreign Intelligence Surveillance Court of Review.CommentsClose CommentsPermalink
‘(D) USE OF PROCEDURES- If the Foreign Intelligence Surveillance Court approves procedures under this paragraph, the Government shall use the procedures for any communication acquired under this title.CommentsClose CommentsPermalink
‘(E) REVISIONS- The Attorney General, in consultation with the Director of National Intelligence, may submit new or amended procedures to the Foreign Intelligence Surveillance Court for review under this paragraph.CommentsClose CommentsPermalink
‘(F) RELIABILITY- If the Government obtains new information relating to the reliability of procedures approved under this paragraph or the availability of more reliable procedures, the Attorney General shall submit to the Foreign Intelligence Surveillance Court the information.CommentsClose CommentsPermalink
‘(c) Title I Court Order- If the Government obtains a court order under title I relating to a target of an acquisition under this title, the Government may access and disseminate, under the terms of that court order and any applicable minimization requirements, any communications of that target that have been acquired and segregated or specifically designated under subsection (b)(1).CommentsClose CommentsPermalink
‘(d) Inspector General Audit-CommentsClose CommentsPermalink
‘(1) AUDIT- Not less than once each year, the Inspector General of the Department of Defense and the Inspector General of the Department of Justice shall complete an audit of the implementation of and compliance with this section. For purposes of an audit under this paragraph, the Inspectors General shall have access to any communications that have been segregated or specifically designated under subsection (b)(1) and any information the use of which has been limited under subsection (b)(5). An audit under this paragraph shall include an accounting of any segregated or specifically designated communications that have been disseminated.CommentsClose CommentsPermalink
‘(2) REPORT- Not later than 30 days after the completion of each audit under paragraph (1), the Inspectors General shall jointly 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 results of the audit.CommentsClose CommentsPermalink
‘(3) EXPEDITED SECURITY CLEARANCE- The Director of National Intelligence shall ensure that the process for the investigation and adjudication of an application by an Inspector General or any appropriate staff of an Inspector General for a security clearance necessary for the conduct of the audits under this subsection is conducted as expeditiously as possible.CommentsClose CommentsPermalink
‘(e) Applicability- Subsections (a) and (b) shall apply to any communication acquired under this title on or after the earlier of--CommentsClose CommentsPermalink
‘(1) the date that the Foreign Intelligence Surveillance Court approves the procedures described in subsection (a)(3) and the procedures described in subsection (b)(7); andCommentsClose CommentsPermalink
‘(2) 1 year after the date of enactment of the JUSTICE Act.’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendment- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (
50 U.S.C. 1801 et seq.) is amended by inserting after the item relating to section 708 the following:CommentsClose CommentsPermalink
‘Sec. 709. Additional safeguards for communications of persons in the United States.’.CommentsClose CommentsPermalink
SEC. 308. CLARIFICATION OF COMPUTER TRESPASS AUTHORITY.
(a) Definitions-
(1) by inserting ‘or other’ after ‘contractual’; andCommentsClose CommentsPermalink
(2) by striking ‘for access’ and inserting ‘permitting access’.CommentsClose CommentsPermalink
(b) Interception and Disclosure-
(1) in subclause (I), by striking ‘protected computer authorizes’ and inserting the following: ‘protected computer--CommentsClose CommentsPermalink
‘(aa) is attempting to respond to communications activity that threatens the integrity or operation of the protected computer and requests assistance to protect the rights and property of the owner or operator; andCommentsClose CommentsPermalink
‘(bb) authorizes’; andCommentsClose CommentsPermalink
(2) in clause (IV), by striking ‘interception does not’ and inserting the following: ‘interception--CommentsClose CommentsPermalink
‘(aa) ceases as soon as the communications sought are obtained or after 96 hours, whichever is earlier (unless an order authorizing or approving the interception is obtained under this chapter); andCommentsClose CommentsPermalink
‘(bb) does not’.CommentsClose CommentsPermalink
(c) Report- Not later than 60 days after the date of enactment of this Act, and annually thereafter, the Attorney General shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on the use of
TITLE IV--IMPROVEMENTS TO FURTHER CONGRESSIONAL AND JUDICIAL OVERSIGHTCommentsClose CommentsPermalink
TITLE IV--IMPROVEMENTS TO FURTHER CONGRESSIONAL AND JUDICIAL OVERSIGHTCommentsClose CommentsPermalink
SEC. 401. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.
Section 601 of the Foreign Intelligence Surveillance Act of 1978 (
(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively;CommentsClose CommentsPermalink
(2) by inserting after subsection (a) the following:CommentsClose CommentsPermalink
‘(b) Public Report- The Attorney General shall make publicly available the portion of each report under subsection (a) relating to paragraphs (1) and (2) of subsection (a).’; andCommentsClose CommentsPermalink
(3) in subsection (e), as so redesignated, by striking ‘subsection (c)’ and inserting ‘subsection (d)’.CommentsClose CommentsPermalink
SEC. 402. USE OF FOREIGN INTELLIGENCE SURVEILLANCE ACT MATERIALS.
(a) Electronic Surveillance- Section 106(f) of the Foreign Intelligence Surveillance Act of 1978 (
(b) Physical Searches- Section 305(g) of the Foreign Intelligence Surveillance Act of 1978 (
(c) Pen Registers and Trap and Trace Devices- Section 405(f) of the Foreign Intelligence Surveillance Act of 1978 (
‘(2) In making a determination under paragraph (1), unless the court finds that disclosure would not assist in determining any legal or factual issue pertinent to the case, the court may disclose to the aggrieved person, the counsel for the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.) or other appropriate security procedures and protective orders, portions of the application, order, or other related materials, or evidence or information obtained or derived from the order.’.CommentsClose CommentsPermalink
SEC. 403. CHALLENGES TO NATIONWIDE ORDERS FOR ELECTRONIC EVIDENCE.
‘(h) Judicial Review- A provider of electronic communication service or remote computing service may challenge a subpoena, order, or warrant requiring disclosure of customer communications or records under this section in--CommentsClose CommentsPermalink
‘(1) the United States district court for the district in which the order was issued; orCommentsClose CommentsPermalink
‘(2) the United States district court for the district in which the order was served.’.CommentsClose CommentsPermalink
TITLE V--IMPROVEMENTS TO FURTHER EFFECTIVE, FOCUSED INVESTIGATIONSCommentsClose CommentsPermalink
TITLE V--IMPROVEMENTS TO FURTHER EFFECTIVE, FOCUSED INVESTIGATIONSCommentsClose CommentsPermalink
SEC. 501. MODIFICATION OF DEFINITION OF DOMESTIC TERRORISM.
(1) by striking subparagraphs (A) and (B) and inserting the following:CommentsClose CommentsPermalink
‘(A) involve acts dangerous to human life that constitute a Federal crime of terrorism (as that term is defined in section 2332b(g)(5)); and’; andCommentsClose CommentsPermalink
(2) by redesignating subparagraph (C) as subparagraph (B).CommentsClose CommentsPermalink
SEC. 502. CLARIFICATION OF INTENT REQUIREMENT.
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