USA FREEDOM Act Amendments to FISA IAPP

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b Recipient and contents of application,Each application under this section. 1 shall be made to, A a judge of the court established by section 1803 a of this title or. B a United States Magistrate Judge under chapter 43 of title 28 who is publicly. designated by the Chief Justice of the United States to have the power to hear. applications and grant orders for the production of tangible things under this section. on behalf of a judge of that court and,2 shall include. A a specific selection term to be used as the basis for the production of tangible. things sought, A B a statement in the case of an application other than an application described in. subparagraph C including an application for the production of call detail records. other than in the manner described in subparagraph C a statement of facts showing. that there are reasonable grounds to believe that the tangible things sought are. relevant to an authorized investigation other than a threat assessment conducted in. accordance with subsection a 2 to obtain foreign intelligence information not. concerning a United States person or to protect against international terrorism or. clandestine intelligence activities such things being presumptively relevant to an. authorized investigation if the applicant shows in the statement of the facts that they. pertain to,i a foreign power or an agent of a foreign power.
ii the activities of a suspected agent of a foreign power who is the subject of. such authorized investigation or, iii an individual in contact with or known to a suspected agent of a foreign. power who is the subject of such authorized investigation and. C in the case of an application for the production on an ongoing basis of call detail. records created before on or after the date of the application relating to an. authorized investigation other than a threat assessment conduct in accordance with. subsection a 2 to protect against international terrorism a statement of facts. showing that, i there are reasonable grounds to believe that the call detail records sought. to be produced based on the specific selection term required under. subparagraph A are relevant to such investigation and. ii there is a reasonable articulable suspicion that such specific selection term. is associated with a foreign power engaged in international terrorism or. activities in preparation therefor or an agent of a foreign power engaged in. international terrorism or activities in preparation therefor and. B D an enumeration of the minimization procedures adopted by the Attorney. General under subsection g that are applicable to the retention and dissemination by. the Federal Bureau of Investigation of any tangible things to be made available to the. Federal Bureau of Investigation based on the order requested in such application. c Ex parte judicial order of approval, 1 Upon an application made pursuant to this section if the judge finds that the application. meets the requirements of subsections a and b and that the minimization procedures. submitted in accordance with subsection b 2 D meet the definition of minimization. procedures under subsection g the judge shall enter an ex parte order as requested or as. modified approving the release of tangible things Such order shall direct that minimization. procedures adopted pursuant to subsection g be followed. 2 An order under this subsection, A shall describe the tangible things that are ordered to be produced with sufficient. particularity to permit them to be fairly identified including each specific selection. term to be used as the basis for the production, B shall include the date on which the tangible things must be provided which shall.
allow a reasonable period of time within which the tangible things can be assembled. and made available, C shall provide clear and conspicuous notice of the principles and procedures. described in subsection d, D may only require the production of a tangible thing if such thing can be obtained. with a subpoena duces tecum issued by a court of the United States in aid of a grand. jury investigation or with any other order issued by a court of the United States. directing the production of records or tangible things and. E shall not disclose that such order is issued for purposes of an investigation. described in subsection a and, F in the case of an application described in subsection b 2 C shall. i authorize the production on a daily basis of call detail records for a period. not to exceed 180 days, ii provide that an order for such production may be extended upon. application under subsection b and the judicial finding under paragraph 1 of. this subsection, iii provide that the Government may require the prompt production of a first.
set of call detail records using the specific selection term that satisfies the. standard required under subsection b 2 C ii, iv provide that the Government may require prompt production of a second. set of call detail records using session identifying information or a telephone. calling card number identified by the specific selection term used to produce. call detail records under clause iii, v provide that when produced such records be in a form that will be useful. to the Government, vi direct each person the Government directs to produce call detail records. under the order to furnish the Government forthwith all information facilities. or technical assistance necessary to accomplish the production in such a. manner as will protect the secrecy of the production and produce a minimum. interference with the services that such person is providing to each subject of. the production and,vii direct the Government to, I adopt minimization procedures that require the prompt. destruction of all call detail records produced under the order. that the Government determines are not foreign intelligence. information and, II destroy all call detail records produced under the order as.
prescribed by such procedures, 3 No order issued under this subsection may authorize the collection of tangible things. without the use of a specific selection term that meets the requirements of subsection b 2. 1861 d f excluded,g Minimization procedures,1 In general. Not later than 180 days after March 9 2006 theThe Attorney General shall adopt and update. as appropriate specific minimization procedures governing the retention and dissemination by. the Federal Bureau of Investigation of any tangible things or information therein received by. the Federal Bureau of Investigation in response to an order under this subchapter. In this section the term minimization procedures means. A specific procedures that are reasonably designed in light of the purpose and. technique of an order for the production of tangible things to minimize the retention. and prohibit the dissemination of nonpublicly available information concerning. unconsenting United States persons consistent with the need of the United States to. obtain produce and disseminate foreign intelligence information. B procedures that require that nonpublicly available information which is not foreign. intelligence information as defined in section 1801 e 1 of this title shall not be. disseminated in a manner that identifies any United States person without such. person s consent unless such person s identity is necessary to understand foreign. intelligence information or assess its importance and. C notwithstanding subparagraphs A and B procedures that allow for the retention. and dissemination of information that is evidence of a crime which has been is being. or is about to be committed and that is to be retained or disseminated for law. enforcement purposes, 3 RULE OF CONSTRUCTION Nothing in this subsection shall limit the authority of the court. established under section 103 a to impose additional particularized minimization procedures. with regard to the production retention or dissemination of nonpublicly available information. concerning unconsenting United States Persons including additional particularized procedures. related to the destruction of information within a reasonable time period. Title IV Foreign Intelligence Surveillance Court Reforms. Sec 401 FISA Amendments, Sec 402 Declassification of Decisions Orders and Opinions. Title VI FISA Transparency and Reporting Requirements. Sec 601 Additional Reporting on Orders Requiring Production of Business Records Business Records. Compliance Reports to Congress,Sec 602 Annual Reports by the Government.
Sec 603 Public Reporting by Persons Subject to FISA Orders. Sec 604 Reporting Requirements for Decisions Orders and Opinions of the Foreign Intelligence. Surveillance Court and the Foreign Intelligence Surveillance Court of Review. 50 U S C 1803 Designation of Judges, a Court to hear applications and grant orders record of denial transmittal to court of review. 1 The Chief Justice of the United States shall publicly designate 11 district court judges from. at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within. 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to. hear applications for and grant orders approving electronic surveillance anywhere within the. United States under the procedures set forth in this chapter except that no judge designated. under this subsection except when sitting en banc under paragraph 2 shall hear the same. application for electronic surveillance under this chapter which has been denied previously by. another judge designated under this subsection If any judge so designated denies an. application for an order authorizing electronic surveillance under this chapter such judge shall. provide immediately for the record a written statement of each reason of his decision and on. motion of the United States the record shall be transmitted under seal to the court of review. established in subsection b of this section, A The court established under this subsection may on its own initiative or upon the. request of the Government in any proceeding or a party under section 1861 f of this. title or paragraph 4 or 5 of section1881a h of this title hold a hearing or rehearing. en banc when ordered by a majority of the judges that constitute such court upon a. determination that, i en banc consideration is necessary to secure or maintain uniformity of the. court s decisions or, ii the proceeding involves a question of exceptional importance. B Any authority granted by this chapter to a judge of the court established under this. subsection may be exercised by the court en banc When exercising such authority the. court en banc shall comply with any requirements of this chapter on the exercise of. such authority, C For purposes of this paragraph the court en banc shall consist of all judges who.
constitute the court established under this subsection. b Court of review record transmittal to Supreme Court. The Chief Justice shall publicly designate three judges one of whom shall be publicly designated as the. presiding judge from the United States district courts or courts of appeals who together shall comprise. a court of review which shall have jurisdiction to review the denial of any application made under this. chapter If such court determines that the application was properly denied the court shall immediately. provide for the record a written statement of each reason for its decision and on petition of the United. States for a writ of certiorari the record shall be transmitted under seal to the Supreme Court which. shall have jurisdiction to review such decision, c Expeditious conduct of proceedings security measures for maintenance of records. Proceedings under this chapter shall be conducted as expeditiously as possible The record of. proceedings under this chapter including applications made and orders granted shall be maintained. under security measures established by the Chief Justice in consultation with the Attorney General and. the Director of National Intelligence, Each judge designated under this section shall so serve for a maximum of seven years and shall not be. eligible for redesignation except that the judges first designated under subsection a of this section. shall be designated for terms of from one to seven years so that one term expires each year and that. judges first designated under subsection b of this section shall be designated for terms of three five. and seven years, e Jurisdiction and procedures for review of petitions. 1 Three judges designated under subsection a who reside within 20 miles of the District of. Columbia or if all of such judges are unavailable other judges of the court established under. subsection a as may be designated by the presiding judge of such court shall comprise a. petition review pool which shall have jurisdiction to review petitions filed pursuant to. section 1861 f 1 or 1881a h 4 of this title, 2 Not later than 60 days after March 9 2006 the court established under subsection a shall. adopt and consistent with the protection of national security publish procedures for the. review of petitions filed pursuant to section 1861 f 1 or 1881a h 4 of this title by the panel. established under paragraph 1 Such procedures shall provide that review of a petition shall. be conducted in camera and shall also provide for the designation of an acting presiding judge. USA FREEDOM Act Amendments to FISA Title I FISA Business Records Reform Sec 101 Additional Requirements for Call Detail Records Sec 103

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