Summary:
Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015 or the USA FREEDOM Act of 2015

TITLE I--FISA BUSINESS RECORDS REFORMS

Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new process to be followed when the Federal Bureau of Investigation (FBI) submits an application to a FISA court for an order requiring the production of business records or other tangible things for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities.

Prohibits the FBI from applying for a tangible thing production order, and prohibits a court from authorizing the collection of tangible things, unless a specific selection term is used as the basis for the production. Maintains limitations under current law that prohibit the FBI from applying for tangible thing production orders for threat assessments.

Establishes two separate frameworks for the production of tangible things with different standards that apply based on whether the FBI's application seeks:

 production on an ongoing basis of call detail records created before, on, or after the date of the application relating to an authorized investigation to protect against international terrorism, in which case the specific selection term must specifically identify an individual, account, or personal device; or production of call detail records or other tangible things in any other manner, in which case the selection term must specifically identify an individual, a federal officer or employee, a group, an entity, an association, a corporation, a foreign power, an account, a physical or an electronic address, a personal device, or any other specific identifier but is prohibited from including, when not used as part of a specific identifier, a broad geographic region (including the United States, a city, county, state, zip code, or area code) or an electronic communication or remote computing service provider, unless the provider is itself a subject of an authorized investigation. Defines "call detail record" as session identifying information (including an originating or terminating telephone number, an International Mobile Subscriber Identity number, or an International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call. Excludes from such definition: (1) the contents of any communication; (2) the name, address, or financial information of a subscriber or customer; or (3) cell site location or global positioning system information.

Requires the FBI, in applications for ongoing production of call detail records for investigations to protect against international terrorism, to show: (1) reasonable grounds to believe that the call detail records are relevant to such investigation; and (2) a reasonable, articulable suspicion that the specific selection term is associated with a foreign power or an agent of a foreign power engaged in international terrorism or activities in preparation for such terrorism.

Requires a judge approving such an ongoing release of call detail records for an investigation to protect against international terrorism to:

 limit such production to a period not to exceed 180 days but allow such orders to be extended upon application, with judicial approval; permit the government to require the production of an initial set of call records using the reasonable, articulable suspicion standard that the term is associated with a foreign power or an agent of a foreign power and then a subsequent set of call records using session-identifying information or a telephone calling card number identified by the specific selection term that was used to produce the initial set of records (thus limiting the government to what is commonly referred to as two "hops" of call records); and direct the government to adopt minimization procedures requiring prompt destruction of produced call records that are not foreign intelligence information. Allows a FISA court to approve other categories of FBI requests for the production of call detail records or tangible things (i.e., FBI call detail record and tangible thing applications that do not seek ongoing production of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism) without subjecting the production to: (1) the reasonable, articulable suspicion standard for an association with a foreign power or an agent of a foreign power; (2) the 180-day or the two-hop limitation; or (3) the special minimization procedures that require prompt destruction of produced records only if the order approves an ongoing production of call detail records for investigations to protect against international terrorism.

Authorizes the Attorney General to require the emergency production of tangible things without first obtaining a court order if the Attorney General: (1) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing production can be obtained with due diligence, (2) reasonably determines that a factual basis exists for the issuance of such a production order, (3) informs a FISA judge of the decision to require such production at the time the emergency decision is made, and (4) makes an application to a FISA judge within seven days after the Attorney General requires such emergency production.

Terminates the authority for such emergency production of tangible things when the information sought is obtained, when the application for the order is denied, or after the expiration of seven days from the time the Attorney General begins requiring such emergency production, whichever is earliest.

Prohibits information obtained or evidence derived from such an emergency production from being received in evidence or disclosed in any proceeding in or before any court, grand jury, agency, legislative committee, or other authority of the United States, any state, or any political subdivision if: (1) the subsequent application for court approval is denied, or (2) the production is terminated and no order is issued approving the production. Bars information concerning any U.S. person acquired from such production from being used or disclosed in any other manner by federal officers or employees without the consent of such person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm.

Requires a FISA court, as a condition to approving an application for a tangible thing production order, to find that the minimization procedures submitted with the application meet applicable FISA standards. Authorizes the court to impose additional minimization procedures.

Allows a nondisclosure order imposed in connection with a tangible thing production order to be challenged immediately by filing a petition for judicial review. Removes a requirement that a judge considering a petition to modify or set aside a nondisclosure order treat as conclusive a certification by the Attorney General, the Deputy Attorney General, an Assistant Attorney General, or the FBI Director that disclosure may endanger national security or interfere with diplomatic relations.

Extends liability protections to persons who provide information, facilities, or technical assistance for the production of tangible things. Requires the government to compensate a person for reasonable expenses incurred in producing tangible things or providing technical assistance to the government to implement production procedures.

Prohibits this Act from being construed to authorize the production of the contents of any electronic communication from an electronic communication service provider under such tangible thing requirements.

TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

Requires the government's FISA applications for orders approving pen registers or trap and trace devices to include a specific selection term as the basis for the use of the register or device. Prohibits broad geographic regions or an identification of an electronic communications service or a remote computing service from serving as such selection term.

Directs the Attorney General to ensure that appropriate privacy procedures are in place for the collection, retention, and use of nonpublicly available information concerning U.S. persons that is collected through a pen register or trap and trace device installed with FISA court approval.

TITLE III--FISA ACQUISITIONS TARGETING PERSONS OUTSIDE THE UNITED STATES REFORMS

Limits the government's use of information obtained through an authorization by the Attorney General and the Director of National Intelligence (DNI) to target non-U.S. persons outside the United States if a FISA court later determines that certain targeting or minimization procedures certified to the court are unlawful.

Prohibits information obtained or evidence derived from an acquisition pursuant to a part of a targeting certification or a related minimization procedure that the court has identified as deficient concerning a U.S. person from being received in evidence or otherwise disclosed in any proceeding in or before any court, grand jury, agency, legislative committee, or other authority of the United States, any state, or any political subdivision.

Bars information concerning any U.S. person acquired pursuant to a deficient part of a certification from being used or disclosed subsequently in any other manner by federal officers or employees without the consent of the U.S. person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm.

Allows a FISA court, if the government corrects the deficiency, to permit the use or disclosure of information obtained before the date of the correction.

TITLE IV--FOREIGN INTELLIGENCE SURVEILLANCE COURT REFORMS

Directs the presiding judges of the FISA court and the FISA court of review to jointly designate at least five individuals to serve as amicus curiae to assist in the consideration of any application for an order or review that presents a novel or significant interpretation of the law, unless the court finds that such appointment is not appropriate.

Permits FISA courts to appoint an individual or organization to serve as amicus curiae in other instances, including to provide technical expertise. Requires such amicus curiae to provide: (1) legal arguments that advance protection of individual privacy and civil liberties, or (2) other legal arguments or information related to intelligence collection or communications technology.

Allows the FISA court of review to certify a question of law to be reviewed by the Supreme Court. Permits the Supreme Court to appoint FISA amicus curiae or other persons to provide briefings or other assistance upon such a certification.

Requires the DNI to: (1) conduct a declassification review of each decision, order, or opinion issued by the FISA court or the FISA court of review that includes a significant construction or interpretation of any provision of law, including any novel or significant construction or interpretation of "specific selection term" as defined in this Act; and (2) make such decisions, orders, or opinions publicly available to the greatest extent practicable, subject to permissible redactions.

Authorizes the DNI to waive such review and public availability requirements if: (1) a waiver is necessary to protect the national security of the United States or properly classified intelligence sources or methods, and (2) an unclassified statement prepared by the Attorney General is made publicly available to summarize the significant construction or interpretation of law.

TITLE V--NATIONAL SECURITY LETTER REFORM

Amends the federal criminal code, the Right to Financial Privacy Act of 1978, and the Fair Credit Reporting Act to require the FBI and other government agencies to use a specific selection term as the basis for national security letters that request information from wire or electronic communication service providers, financial institutions, or consumer reporting agencies. Requires the government to identify: (1) a person, entity, telephone number, or account for requests for telephone toll and transactional records; (2) a customer, entity, or account when requesting financial records for certain intelligence or protective functions; or (3) a consumer or account when requesting consumer reports for counterintelligence or counterterrorism purposes.

Revises standards under which the government can prohibit recipients of national security letters from disclosing to anyone that the government has sought or obtained access to the requested information.

Directs the Attorney General to adopt procedures for imposed nondisclosure requirements, including requirements under the National Security Act of 1947, to be reviewed at appropriate intervals and terminated if facts no longer support nondisclosure.

Allows national security letter recipients to challenge national security letter requests or nondisclosure requirements under modified procedures for filing a petition for judicial review. Removes a requirement that the court treat as conclusive a certification by the Attorney General, the Deputy Attorney General, an Assistant Attorney General, or the FBI Director that disclosure may endanger U.S. national security or interfere with diplomatic relations.

TITLE VI--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

Requires the Attorney General to expand an annual report to Congress regarding tangible thing applications to include a summary of compliance reviews and the total number of: (1) applications made for the daily production of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism; and (2) orders approving such requests.

Directs the Attorney General to report to Congress annually regarding tangible things applications and orders in which the specific selection term does not specifically identify an individual, account, or personal device. Requires the report to indicate whether the court approving such orders has directed additional, particularized minimization procedures beyond those adopted by the Attorney General.

Directs the Administrative Office of the U.S. Courts to submit annually to Congress the number of: (1) FISA applications submitted and orders granted, modified, or denied under specified FISA authorities; and (2) appointments of an individual to serve as amicus curiae for FISA courts, including the name of each appointed individual, as well as any findings that such an appointment is not appropriate. Makes the report subject to a declassification review by the Attorney General and the DNI.

Directs the DNI to make available publicly a report that identifies, for the preceding 12-month period, the total number of: (1) FISA court orders issued for electronic surveillance, physical searches, the targeting of persons outside the United States, pen registers and trap and trace devices, call detail records, and other tangible things; and (2) national security letters issued.

Requires the DNI's reports to include the estimated number of: (1) targets of certain FISA orders; (2) search terms and queries concerning U.S. persons when the government retrieves information from electronic or wire communications obtained by targeting non-U.S. persons outside the United States; (3) unique identifiers used to communicate certain collected information; and (4) search terms concerning U.S. persons used to query a database of call detail records. Exempts certain queries by the FBI from such estimates.

Permits a person who is subject to a nondisclosure requirement accompanying a FISA order, directive, or national security letter to choose one of four methods to report publicly, on a semiannual or annual basis, the aggregate number of orders, directives, or letters with which the person was required to comply. Specifies the categories of orders, directives, and letters to be itemized or combined, the details authorized to be included with respect to contents or noncontents orders and the number of customer selectors targeted, and the ranges within which the number of orders, directives, or letters received may be reported aggregately in bands under each permitted method.

Expands the categories of FISA court decisions, orders, or opinions that the Attorney General is required to submit to Congress within 45 days after issuance of the decision to include: (1) a denial or modification of an application under FISA; and (2) a change of the application, or a novel application, of any FISA provision.

Revises reporting requirements regarding electronic surveillance, physical searches, and tangible things to include the House Judiciary Committee as a recipient of such reports.

Requires the Attorney General to identify in an existing semiannual report each agency on behalf of which the government has applied for orders authorizing or approving the installation and use of pen registers or trap and trace devices under FISA.

TITLE VII--ENHANCED NATIONAL SECURITY PROVISIONS

Establishes procedures for a lawfully authorized targeting of a non-U.S. person previously believed to be located outside the United States to continue for a period not to exceed 72 hours from the time that the non-U.S. person is reasonably believed to be located inside the United States. Requires an element of the intelligence community, as a condition to exercising such authority, to: (1) determine that a lapse in the targeting poses a threat of death or serious bodily harm; (2) notify the Attorney General; and (3) request, as soon as practicable, the employment of emergency electronic surveillance or emergency physical search under appropriate FISA standards.

Expands the definition of "agent of a foreign power" to include a non-U.S. person who: (1) acts in the United States for or on behalf of a foreign power engaged in clandestine intelligence activities in the United States contrary to U.S. interests or as an officer, employee, or member of a foreign power, irrespective of whether the person is inside the United States; or (2) knowingly aids, abets, or conspires with any person engaging in an international proliferation of weapons of mass destruction on behalf of a foreign power or conducting activities in preparation for such proliferation. Increases from 15 to 20 years the maximum penalty of imprisonment for providing material support or resources to a foreign terrorist organization in cases where the support does not result in the death of any person.

 Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend until December 15, 2019, FISA authorities concerning: (1) the production of business records, including call detail records and other tangible things; (2) roving electronic surveillance orders; and (3) a revised definition of "agent of a foreign power" that includes any non-U.S. persons who engage in international terrorism or preparatory activities (commonly referred to as the "lone wolf" provision).

TITLE VIII--SAFETY OF MARITIME NAVIGATION AND NUCLEAR TERRORISM CONVENTIONS IMPLEMENTATION

Amends the federal criminal code to provide that existing prohibitions against conduct that endangers the safe navigation of a ship: (1) shall apply to conduct that is committed against or on board a U.S. vessel or a vessel subject to U.S. jurisdiction, in U.S. territorial seas, or by a U.S. corporation or legal entity; and (2) shall not apply to activities of armed forces during an armed conflict or in the exercise of official duties.

Sets forth procedures regarding the delivery of a person who is suspected of committing a maritime navigation or fixed platform offense to the authorities of a country that is a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.

Subjects property used or intended to be used to commit or to facilitate the commission of a maritime navigation offense to civil forfeiture.

Prohibits: (1) using in or on a ship or a maritime fixed platform any explosive or radioactive material, biological, chemical, or nuclear weapon, or other nuclear explosive device in a manner likely to cause death or serious injury or damage when the purpose is to intimidate a population or to compel a government or international organization to act or abstain from acting; (2) transporting on board a ship such material or device (or certain related material or technology) that is intended for such use, with specified exceptions; (3) transporting on board a ship a person known to have committed a maritime navigation offense intending to assist such person to evade prosecution; (4) injuring or killing any person in connection with such an offense; or (5) conspiring, attempting, or threatening to commit such an offense. Sets forth: (1) the circumstances in which the United States can exercise jurisdiction over such offenses, and (2) exceptions applicable to activities of the armed forces. Provides for civil forfeiture of property used to commit or to facilitate a violation.

Prohibits anyone, knowingly, unlawfully, and with intent to cause death, serious bodily injury, or substantial damage to property or the environment, from: (1) possessing radioactive material or making or possessing a nuclear explosive device or a radioactive material dispersal or radiation-emitting device; (2) using radioactive material or a device, using, damaging, or interfering with the operation of a nuclear facility in a manner that causes or increases the risk of the release of radioactive material, or causing radioactive contamination or exposure to radiation; or (3) threatening, attempting, or conspiring to commit such an offense. Sets forth: (1) the circumstances in which the United States can exercise jurisdiction over such offenses, and (2) exceptions applicable to activities of the armed forces.

Modifies the definition of "federal crime of terrorism" to include such offenses.

Amends provisions prohibiting transactions involving nuclear materials to: (1) prohibit, intentionally and without lawful authority, carrying, sending, or moving nuclear material into or out of a country; and (2) establish an exception for activities of the armed forces.

uniting strengthening_america fulfilling rights ensuring effective discipline monitoring act usa freedom act title fisa business records reforms amends foreign intelligence surveillance act fisa establish new process followed federal_bureau_of_investigation fbi submits application fisa court order requiring production business records tangible things investigation obtain foreign intelligence information concerning person protect international terrorism clandestine intelligence activities prohibits fbi applying tangible thing production order prohibits court authorizing collection tangible things specific selection term basis production maintains limitations current law prohibit fbi applying tangible thing production orders threat assessments establishes separate frameworks production tangible things different standards apply based fbi application seeks production ongoing basis detail records created date application relating authorized investigation protect international terrorism case specific selection term specifically identify individual account personal device production detail records tangible things manner case selection term specifically identify individual federal officer employee group entity association corporation foreign power account physical electronic address personal device specific identifier prohibited including specific identifier broad geographic region including united_states city county state zip code area code electronic communication remote computing service provider provider subject authorized investigation defines detail record session identifying information including originating terminating telephone number number number telephone calling card number time duration excludes definition contents communication address financial information subscriber customer cell site location global positioning system information requires fbi applications ongoing production detail records investigations protect international terrorism reasonable grounds believe detail records relevant investigation reasonable articulable suspicion specific selection term associated foreign power agent foreign power engaged international terrorism activities preparation terrorism requires judge approving ongoing release detail records investigation protect international terrorism limit production period exceed days allow orders extended application judicial approval permit government require production initial set records reasonable articulable suspicion standard term associated foreign power agent foreign power subsequent set records session identifying information telephone calling card number identified specific selection term produce initial set records limiting government commonly referred hops records direct government adopt minimization procedures requiring prompt destruction produced records foreign intelligence information allows fisa court approve categories fbi requests production detail records tangible things fbi detail record tangible thing applications seek ongoing production detail records created date application relating authorized investigation protect international terrorism subjecting production reasonable articulable suspicion standard association foreign power agent foreign power day limitation special minimization procedures require prompt destruction produced records order approves ongoing production detail records investigations protect international terrorism authorizes attorney general require emergency production tangible things obtaining court order attorney general reasonably determines emergency situation requires production tangible things order authorizing production obtained diligence reasonably determines factual basis exists issuance production order informs fisa judge decision require production time emergency decision makes application fisa judge seven days attorney general requires emergency production terminates authority emergency production tangible things information sought obtained application order denied expiration seven days time attorney general begins requiring emergency production whichever earliest prohibits information obtained evidence derived emergency production received evidence disclosed proceeding court grand jury agency legislative committee authority united_states state political subdivision subsequent application court approval denied production terminated order issued approving production bars information concerning person acquired production disclosed manner federal officers employees consent person approval attorney general information indicates threat death bodily harm requires fisa court condition approving application tangible thing production order find minimization procedures submitted application meet applicable fisa standards authorizes court impose additional minimization procedures allows nondisclosure order imposed connection tangible thing production order challenged immediately filing petition judicial review removes requirement judge considering petition modify set aside nondisclosure order treat conclusive certification attorney general deputy attorney general assistant attorney general fbi director disclosure endanger national security interfere diplomatic relations extends liability protections persons provide information facilities technical assistance production tangible things requires government compensate person reasonable expenses incurred producing tangible things providing technical assistance government implement production procedures prohibits act construed authorize production contents electronic communication electronic communication service provider tangible thing requirements title fisa pen register trap trace device reform requires government fisa applications orders approving pen registers trap trace devices include specific selection term basis use register device prohibits broad geographic regions identification electronic communications service remote computing service serving selection term directs attorney general ensure appropriate privacy procedures place collection retention use nonpublicly available information concerning persons collected pen register trap trace device installed fisa court approval title iii fisa acquisitions targeting persons outside united states reforms limits government use information obtained authorization attorney general director national_intelligence dni target persons outside united_states fisa court later determines certain targeting minimization procedures certified court unlawful prohibits information obtained evidence derived acquisition pursuant targeting certification related minimization procedure court identified deficient concerning person received evidence disclosed proceeding court grand jury agency legislative committee authority united_states state political subdivision bars information concerning person acquired pursuant deficient certification disclosed subsequently manner federal officers employees consent person approval attorney general information indicates threat death bodily harm allows fisa court government corrects deficiency permit use disclosure information obtained date correction title foreign intelligence surveillance court reforms directs presiding judges fisa court fisa court review jointly designate individuals serve amicus curiae assist consideration application order review presents novel significant interpretation law court finds appointment appropriate permits fisa courts appoint individual organization serve amicus curiae instances including provide technical expertise requires amicus curiae provide legal arguments advance protection individual privacy civil liberties legal arguments information related intelligence collection communications technology allows fisa court review certify question law reviewed supreme_court permits supreme_court appoint fisa amicus curiae persons provide briefings assistance certification requires dni conduct declassification review decision order opinion issued fisa court fisa court review includes significant construction interpretation provision law including novel significant construction interpretation specific selection term defined act decisions orders opinions publicly available greatest extent practicable subject permissible redactions authorizes dni waive review public availability requirements waiver necessary protect national security united_states properly classified intelligence sources methods unclassified statement prepared attorney general publicly available summarize significant construction interpretation law title national security letter reform amends federal criminal code right_to_financial_privacy_act fair credit reporting act require fbi government agencies use specific selection term basis national security letters request information wire electronic communication service providers financial institutions consumer reporting agencies requires government identify person entity telephone number account requests telephone toll transactional records customer entity account requesting financial records certain intelligence protective functions consumer account requesting consumer reports counterintelligence counterterrorism purposes revises standards government prohibit recipients national security letters disclosing government sought obtained access requested information directs attorney general adopt procedures imposed nondisclosure requirements including requirements national security act reviewed appropriate intervals terminated facts longer support nondisclosure allows national security letter recipients challenge national security letter requests nondisclosure requirements modified procedures filing petition judicial review removes requirement court treat conclusive certification attorney general deputy attorney general assistant attorney general fbi director disclosure endanger national security interfere diplomatic relations title fisa transparency reporting requirements requires attorney general expand annual report congress tangible thing applications include summary compliance reviews total number applications daily production detail records created date application relating authorized investigation protect international terrorism orders approving requests directs attorney general report congress annually tangible things applications orders specific selection term specifically identify individual account personal device requires report indicate court approving orders directed additional minimization procedures adopted attorney general directs submit annually congress number fisa applications submitted orders granted modified denied specified fisa authorities appointments individual serve amicus curiae fisa courts including appointed individual findings appointment appropriate makes report subject declassification review attorney general dni directs dni available publicly report identifies preceding month period total number fisa court orders issued electronic surveillance physical searches targeting persons outside united_states pen registers trap trace devices detail records tangible things national security letters issued requires dni reports include estimated number targets certain fisa orders search terms queries concerning persons government information electronic wire communications obtained targeting persons outside united_states unique identifiers communicate certain collected information search terms concerning persons query database detail records exempts certain queries fbi estimates permits person subject nondisclosure requirement accompanying fisa order directive national security letter choose methods report publicly semiannual annual basis aggregate number orders directives letters person required comply specifies categories orders directives letters itemized combined details authorized included respect contents orders number customer targeted ranges number orders directives letters received reported bands permitted method expands categories fisa court decisions orders opinions attorney general required submit congress days issuance decision include denial modification application fisa change application novel application fisa provision revises reporting requirements electronic surveillance physical searches tangible things include recipient reports requires attorney general identify existing semiannual report agency behalf government applied orders authorizing approving installation use pen registers trap trace devices fisa title vii enhanced national security provisions establishes procedures lawfully authorized targeting non person previously believed located outside united_states continue period exceed hours time non person reasonably believed located inside united_states requires element intelligence community condition exercising authority determine lapse targeting poses threat death bodily harm notify attorney general request soon practicable employment emergency electronic surveillance emergency physical search appropriate fisa standards expands definition agent foreign power include non person acts united_states behalf foreign power engaged clandestine intelligence activities united_states contrary interests officer employee member foreign power irrespective person inside united_states knowingly aids abets conspires person engaging international proliferation weapons mass destruction behalf foreign power conducting activities preparation proliferation increases years maximum penalty imprisonment providing material support resources foreign terrorist organization cases support result death person amends usa_patriot_improvement reauthorization act intelligence_reform_and_terrorism_prevention_act extend december fisa authorities concerning production business records including detail records tangible things roving electronic surveillance orders revised definition agent foreign power includes persons engage international terrorism preparatory activities commonly referred lone wolf provision title viii safety maritime navigation nuclear terrorism conventions implementation amends federal criminal code provide existing prohibitions conduct endangers safe navigation ship shall apply conduct committed board vessel vessel subject jurisdiction territorial seas corporation legal entity shall apply activities armed forces armed conflict exercise official duties sets forth procedures delivery person suspected committing maritime navigation fixed platform offense authorities country party subjects property intended commit facilitate commission maritime navigation offense civil forfeiture prohibits ship maritime fixed platform explosive radioactive material biological chemical nuclear weapon nuclear explosive device manner likely cause death injury damage purpose intimidate population compel government international organization act abstain acting transporting board ship material device certain related material technology intended use specified exceptions transporting board ship person known committed maritime navigation offense intending assist person evade prosecution injuring killing person connection offense conspiring attempting threatening commit offense sets forth circumstances united_states exercise jurisdiction offenses exceptions applicable activities armed forces provides civil forfeiture property commit facilitate violation prohibits knowingly unlawfully intent cause death bodily injury substantial damage property environment possessing radioactive material making possessing nuclear explosive device radioactive material dispersal radiation emitting device radioactive material device damaging interfering operation nuclear facility manner causes increases risk release radioactive material causing radioactive contamination exposure radiation threatening attempting conspiring commit offense sets forth circumstances united_states exercise jurisdiction offenses exceptions applicable activities armed forces modifies definition federal crime terrorism include offenses amends provisions prohibiting transactions involving nuclear materials prohibit intentionally lawful authority carrying sending moving nuclear material country establish exception activities armed forces


Summary:
Intelligence Budget Transparency Act of 2015

This bill requires the President's annual budget to include the total amount proposed for intelligence or intelligence related activities of each element of the government engaged in these activities in the fiscal year for which the budget is submitted. The budget must also include the estimated appropriation required for these activities for each of the next four fiscal years.

bill requires president annual budget include total proposed intelligence intelligence related activities element government engaged activities fiscal year budget submitted budget include estimated appropriation required activities fiscal years


Summary:
FISA Reform Act of 2015

TITLE I--FISA BUSINESS RECORDS REFORMS

Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to establish a new process to be followed when the Federal Bureau of Investigation (FBI) submits an application to a FISA court for an order requiring the production of business records or other tangible things for an investigation to obtain foreign intelligence information not concerning a U.S. person or to protect against international terrorism or clandestine intelligence activities.

Prohibits the FBI from applying for a tangible thing production order, and prohibits a court from authorizing the collection of tangible things, unless a specific selection term is used as the basis for the production. Maintains limitations under current law that prohibit the FBI from applying for tangible thing production orders for threat assessments.

Establishes two separate frameworks for the production of tangible things with different standards that apply based on whether the FBI's application seeks:

 production on an ongoing basis of call detail records created before, on, or after the date of the application relating to an authorized investigation to protect against international terrorism, in which case the specific selection term must specifically identify an individual, account, or personal device; or production of call detail records or other tangible things in any other manner, in which case the selection term must specifically identify a person, account, address, personal device, or any other specific identifier that limits, to the greatest extent reasonably practicable, the scope of tangible things sought by the government consistent with the purpose and need to obtain foreign intelligence information but is prohibited from permitting bulk or indiscriminate collection of tangible things, such as by solely identifying an electronic communication or remote computing service provider, unless the provider is itself a subject of an authorized investigation, or by solely identifying a broad domestic geographic region (including the United States, a state, city, county, zip code, or area code) when not used as part of a specific identifier. Defines "call detail record" as session identifying information (including an originating or terminating telephone number, an International Mobile Subscriber Identity number, or an International Mobile Station Equipment Identity number), a telephone calling card number, or the time or duration of a call. Excludes from such definition: (1) the contents of any communication; (2) the name, address, or financial information of a subscriber or customer; or (3) cell site or global position system location information.

Requires the FBI, in applications for ongoing production of call detail records for investigations to protect against international terrorism, to show: (1) reasonable grounds to believe that the call detail records are relevant to such investigation; and (2) a reasonable, articulable suspicion that the specific selection term is associated with a foreign power or an agent of a foreign power or an individual engaged in international terrorism or activities in preparation for such terrorism.

Allows the FBI to request the FISA court to require recipients of a tangible thing production order to retain call detail records for up to 24 months from the date the record was initially generated if: (1) the FBI certifies that the government has reason to believe the recipient is not retaining call records for such a duration and the absence of records for that period is resulting in, or is reasonably likely to result in, the loss of foreign intelligence information relevant to an authorized investigation; and (2) the call detail records retained solely for purposes of complying with such a requirement may only be produced pursuant to a tangible thing production order.

Requires a judge approving such an ongoing release of call detail records for an investigation to protect against international terrorism to:

 limit such production to a period not to exceed 180 days but allow such orders to be extended upon application, with judicial approval; permit the government to require the production of an initial set of call records using the reasonable, articulable suspicion standard that the term is associated with a foreign power or an agent of a foreign power and then a subsequent set of call records using session-identifying information or a telephone calling card number identified by the specific selection term that was used to produce the initial set of records (thus limiting the government to what is commonly referred to as two "hops" of call records); and direct the government to adopt minimization procedures requiring prompt destruction of produced call records that are not foreign intelligence information. Allows a FISA court to approve other categories of FBI requests for the production of call detail records or tangible things (i.e., FBI call detail record and tangible thing applications that do not seek ongoing production of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism) without subjecting the production to: (1) the reasonable, articulable suspicion standard for an association with a foreign power or an agent of a foreign power; (2) the 180-day or the two-hop limitation; or (3) the special minimization procedures that require prompt destruction of produced records only if the order approves an ongoing production of call detail records for investigations to protect against international terrorism.

Authorizes the Attorney General to require the emergency production of tangible things without first obtaining a court order if the Attorney General: (1) reasonably determines that an emergency situation requires the production of tangible things before an order authorizing production can be obtained with due diligence, (2) reasonably determines that a factual basis exists for the issuance of such a production order, (3) informs a FISA judge of the decision to require such production at the time the emergency decision is made, and (4) makes an application to a FISA judge within seven days after the Attorney General requires such emergency production.

Terminates the authority for such emergency production of tangible things when the information sought is obtained, when the application for the order is denied, or after the expiration of seven days from the time the Attorney General begins requiring such emergency production, whichever is earliest.

Prohibits information obtained or evidence derived from such an emergency production from being received in evidence or disclosed in any proceeding in or before any court, grand jury, agency, legislative committee, or other authority of the United States, any state, or any political subdivision if: (1) the subsequent application for court approval is denied, or (2) the production is terminated and no order is issued approving the production. Bars information concerning any U.S. person acquired from such production from being used or disclosed in any other manner by federal officers or employees without the consent of such person, except with approval of the Attorney General if the information indicates a threat of death or serious bodily harm.

Requires a FISA court, as a condition to approving an application for a tangible thing production order, to find that the minimization procedures submitted with the application meet applicable FISA standards. Authorizes the court to impose additional minimization procedures.

Allows a nondisclosure order imposed in connection with a tangible thing production order to be challenged immediately by filing a petition for judicial review. Removes a requirement that a judge considering a petition to modify or set aside a nondisclosure order treat as conclusive a certification by the Attorney General, the Deputy Attorney General, an Assistant Attorney General, or the FBI Director that disclosure may endanger national security or interfere with diplomatic relations.

Extends liability protections to persons who retain call detail records under a tangible thing production order or provide information, facilities, or technical assistance for the production of tangible things. Requires the government to compensate a person for reasonable expenses incurred in producing tangible things or providing technical assistance to the government to implement production procedures.

Requires this title to take effect 180 days after its enactment unless the President certifies that a longer transition period of up to one year is necessary to make the new procedures operational. Provides for FISA court orders in effect on May 31, 2015, to continue in effect until the expiration of such orders. Authorizes the FISA court to extend the order of February 26, 2015, in Docket No. BR 15-24, until the effective date of this title.

Prohibits this Act from being construed to authorize the production of the contents of any electronic communication from an electronic communication service provider under such tangible thing requirements.

TITLE II--FISA PEN REGISTER AND TRAP AND TRACE DEVICE REFORM

Requires the government's FISA applications for orders approving pen registers or trap and trace devices to include a specific selection term as the basis for the use of the register or device.

Directs the Attorney General to ensure that appropriate procedures are in place to safeguard nonpublicly available information concerning U.S. persons that is collected, retained, or used through a pen register or trap and trace device installed with FISA court approval.

TITLE III--NATIONAL SECURITY LETTER REFORM

Amends the federal criminal code, the Right to Financial Privacy Act of 1978, and the Fair Credit Reporting Act to require the FBI and other government agencies to use a specific selection term as the basis for national security letters that request information from wire or electronic communication service providers, financial institutions, or consumer reporting agencies. Requires the government to identify: (1) a person, entity, telephone number, or account for requests for telephone toll and transactional records; (2) a customer, entity, or account when requesting financial records for certain intelligence or protective functions; or (3) a consumer or account when requesting consumer reports for counterintelligence or counterterrorism purposes.

TITLE IV--FISA TRANSPARENCY AND REPORTING REQUIREMENTS

Requires the Attorney General to expand an annual report to Congress regarding tangible thing applications to include a summary of compliance reviews and the total number of: (1) applications made for the daily production of call detail records created before, on, or after the date of an application relating to an authorized investigation to protect against international terrorism; and (2) orders approving such requests.

Consolidates various FISA reporting requirements of the Attorney General into a combined semiannual report.

Makes additional information about FISA activities and the decisions of FISA courts available to every Member of Congress.

Requires unclassified reports to be made available to the public.

Permits a person who is subject to a nondisclosure requirement accompanying a FISA order, directive, or national security letter to choose one of four methods to report publicly, on a semiannual or annual basis, the aggregate number of orders, directives, or letters with which the person was required to comply. Specifies the categories of orders, directives, and letters to be itemized or combined, the details authorized to be included with respect to contents or noncontents orders and the number of customer selectors targeted, and the ranges within which the number of orders, directives, or letters received may be reported aggregately in bands under each permitted method.

Expands the categories of FISA court decisions, orders, or opinions that the Attorney General is required to submit to Congress within 45 days after issuance of the decision to include: (1) a denial or modification of an application under FISA; and (2) a change of the application, or a novel application, of any FISA provision.

Revises reporting requirements regarding electronic surveillance, physical searches, and tangible things to include the House Judiciary Committee as a recipient of such reports.

Requires the Attorney General to identify in an existing semiannual report each agency on behalf of which the government has applied for orders authorizing or approving the installation and use of pen registers or trap and trace devices under FISA.

TITLE V--OTHER PROVISIONS

Establishes criminal penalties to be imposed for unauthorized disclosure or removal of classified information by officers, employees, contractors, or consultants of: (1) the United States, or (2) a recipient of a tangible thing production order.

Allows FISA courts to appoint amicus curiae to assist in the consideration of certain matters.

Allows the FISA court of review to certify a question of law to be reviewed by the Supreme Court. Permits the Supreme Court to appoint FISA amicus curiae or other persons to provide briefings or other assistance upon such a certification.

Establishes procedures for a lawfully authorized targeting of a non-U.S. person previously believed to be located outside the United States to continue for a period not to exceed 72 hours from the time that the non-U.S. person is reasonably believed to be located inside the United States. Requires an element of the intelligence community, as a condition to exercising such authority, to: (1) determine that the target of the acquisition has communicated or received, or will communicate or receive, foreign intelligence information relevant to an existing exigent circumstance; (2) notify the Attorney General; and (3) request, as soon as practicable, the employment of emergency electronic surveillance or emergency physical search under appropriate FISA standards.

 Directs each head of an element of the intelligence community to review, at least every five years, the Attorney General-approved procedures required by the intelligence collection provisions of Executive Order 12333. Requires the heads of such elements, in coordination with the Attorney General and the Director of National Intelligence, to propose any appropriate modifications to existing procedures and to provide any modified procedures to Congress.

Expands the definition of "agent of a foreign power" to include a non-U.S. person who: (1) acts in the United States for or on behalf of a foreign power engaged in clandestine intelligence activities in the United States contrary to U.S. interests or as an officer, employee, or member of a foreign power, irrespective of whether the person is inside the United States; or (2) knowingly aids, abets, or conspires with any person engaging in an international proliferation of weapons of mass destruction on behalf of a foreign power or conducting activities in preparation for such proliferation.

 Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend until December 15, 2019, FISA authorities concerning: (1) the production of business records, including call detail records and other tangible things; (2) roving electronic surveillance orders; and (3) a revised definition of "agent of a foreign power" that includes any non-U.S. persons who engage in international terrorism or preparatory activities (commonly referred to as the "lone wolf" provision). Provides for such authorities, upon the enactment of this Act, to read as they read on May 31, 2015.

fisa reform act title fisa business records reforms amends foreign intelligence surveillance act fisa establish new process followed federal_bureau_of_investigation fbi submits application fisa court order requiring production business records tangible things investigation obtain foreign intelligence information concerning person protect international terrorism clandestine intelligence activities prohibits fbi applying tangible thing production order prohibits court authorizing collection tangible things specific selection term basis production maintains limitations current law prohibit fbi applying tangible thing production orders threat assessments establishes separate frameworks production tangible things different standards apply based fbi application seeks production ongoing basis detail records created date application relating authorized investigation protect international terrorism case specific selection term specifically identify individual account personal device production detail records tangible things manner case selection term specifically identify person account address personal device specific identifier limits greatest extent reasonably practicable scope tangible things sought government consistent purpose need obtain foreign intelligence information prohibited permitting bulk collection tangible things solely identifying electronic communication remote computing service provider provider subject authorized investigation solely identifying broad domestic geographic region including united_states state city county zip code area code specific identifier defines detail record session identifying information including originating terminating telephone number number number telephone calling card number time duration excludes definition contents communication address financial information subscriber customer cell site global position system location information requires fbi applications ongoing production detail records investigations protect international terrorism reasonable grounds believe detail records relevant investigation reasonable articulable suspicion specific selection term associated foreign power agent foreign power individual engaged international terrorism activities preparation terrorism allows fbi request fisa court require recipients tangible thing production order retain detail records months date record initially generated fbi certifies government reason believe recipient retaining records duration absence records period resulting reasonably likely result loss foreign intelligence information relevant authorized investigation detail records retained solely purposes complying requirement produced pursuant tangible thing production order requires judge approving ongoing release detail records investigation protect international terrorism limit production period exceed days allow orders extended application judicial approval permit government require production initial set records reasonable articulable suspicion standard term associated foreign power agent foreign power subsequent set records session identifying information telephone calling card number identified specific selection term produce initial set records limiting government commonly referred hops records direct government adopt minimization procedures requiring prompt destruction produced records foreign intelligence information allows fisa court approve categories fbi requests production detail records tangible things fbi detail record tangible thing applications seek ongoing production detail records created date application relating authorized investigation protect international terrorism subjecting production reasonable articulable suspicion standard association foreign power agent foreign power day limitation special minimization procedures require prompt destruction produced records order approves ongoing production detail records investigations protect international terrorism authorizes attorney general require emergency production tangible things obtaining court order attorney general reasonably determines emergency situation requires production tangible things order authorizing production obtained diligence reasonably determines factual basis exists issuance production order informs fisa judge decision require production time emergency decision makes application fisa judge seven days attorney general requires emergency production terminates authority emergency production tangible things information sought obtained application order denied expiration seven days time attorney general begins requiring emergency production whichever earliest prohibits information obtained evidence derived emergency production received evidence disclosed proceeding court grand jury agency legislative committee authority united_states state political subdivision subsequent application court approval denied production terminated order issued approving production bars information concerning person acquired production disclosed manner federal officers employees consent person approval attorney general information indicates threat death bodily harm requires fisa court condition approving application tangible thing production order find minimization procedures submitted application meet applicable fisa standards authorizes court impose additional minimization procedures allows nondisclosure order imposed connection tangible thing production order challenged immediately filing petition judicial review removes requirement judge considering petition modify set aside nondisclosure order treat conclusive certification attorney general deputy attorney general assistant attorney general fbi director disclosure endanger national security interfere diplomatic relations extends liability protections persons retain detail records tangible thing production order provide information facilities technical assistance production tangible things requires government compensate person reasonable expenses incurred producing tangible things providing technical assistance government implement production procedures requires title effect days enactment president certifies longer transition period year necessary new procedures operational provides fisa court orders effect continue effect expiration orders authorizes fisa court extend order february docket effective date title prohibits act construed authorize production contents electronic communication electronic communication service provider tangible thing requirements title fisa pen register trap trace device reform requires government fisa applications orders approving pen registers trap trace devices include specific selection term basis use register device directs attorney general ensure appropriate procedures place safeguard nonpublicly available information concerning persons collected retained pen register trap trace device installed fisa court approval title iii national security letter reform amends federal criminal code right_to_financial_privacy_act fair credit reporting act require fbi government agencies use specific selection term basis national security letters request information wire electronic communication service providers financial institutions consumer reporting agencies requires government identify person entity telephone number account requests telephone toll transactional records customer entity account requesting financial records certain intelligence protective functions consumer account requesting consumer reports counterintelligence counterterrorism purposes title fisa transparency reporting requirements requires attorney general expand annual report congress tangible thing applications include summary compliance reviews total number applications daily production detail records created date application relating authorized investigation protect international terrorism orders approving requests consolidates fisa reporting requirements attorney general combined semiannual report makes additional information fisa activities decisions fisa courts available member congress requires unclassified reports available public permits person subject nondisclosure requirement accompanying fisa order directive national security letter choose methods report publicly semiannual annual basis aggregate number orders directives letters person required comply specifies categories orders directives letters itemized combined details authorized included respect contents orders number customer targeted ranges number orders directives letters received reported bands permitted method expands categories fisa court decisions orders opinions attorney general required submit congress days issuance decision include denial modification application fisa change application novel application fisa provision revises reporting requirements electronic surveillance physical searches tangible things include recipient reports requires attorney general identify existing semiannual report agency behalf government applied orders authorizing approving installation use pen registers trap trace devices fisa title provisions establishes criminal penalties imposed unauthorized disclosure removal classified information officers employees contractors consultants united_states recipient tangible thing production order courts appoint amicus curiae assist consideration certain matters allows fisa court review certify question law reviewed supreme_court permits supreme_court appoint fisa amicus curiae persons provide briefings assistance certification establishes procedures lawfully authorized targeting non person previously believed located outside united_states continue period exceed hours time non person reasonably believed located inside united_states requires element intelligence community condition exercising authority determine target acquisition communicated received communicate receive foreign intelligence information relevant existing exigent circumstance notify attorney general request soon practicable employment emergency electronic surveillance emergency physical search appropriate fisa standards directs head element intelligence community review years attorney general approved procedures required intelligence collection provisions executive order requires heads elements coordination attorney general director national_intelligence propose appropriate modifications existing procedures provide modified procedures congress expands definition agent foreign power include non person acts united_states behalf foreign power engaged clandestine intelligence activities united_states contrary interests officer employee member foreign power irrespective person inside united_states knowingly aids abets conspires person engaging international proliferation weapons mass destruction behalf foreign power conducting activities preparation proliferation amends usa_patriot_improvement reauthorization act intelligence_reform_and_terrorism_prevention_act extend december fisa authorities concerning production business records including detail records tangible things roving electronic surveillance orders revised definition agent foreign power includes persons engage international terrorism preparatory activities commonly referred lone wolf provision provides authorities enactment act read read


Summary:
This bill requires the Director of Senate Security, in coordination with the Director of National Intelligence and the Chairperson of the Suitability and Security Clearance Performance Accountability Council, to:

 review whether procedures in effect enable one Senate employee designated by each Member of the Senate, who serves on specified Senate committees or subcommittees, to obtain security clearances necessary for access to classified national security information, including top secret and sensitive compartmentalized information, if the Senate employee meets the criteria for such clearances; and issue guidelines on establishment and implementation of new procedures if the Director, in coordination with the Director of National Intelligence and the Chairperson, determines current procedures are inadequate.

bill requires director coordination director national_intelligence chairperson suitability security clearance performance accountability council review procedures effect enable senate employee designated member senate serves specified senate committees subcommittees obtain security clearances necessary access classified national security information including secret sensitive information senate employee meets criteria clearances issue guidelines establishment implementation new procedures director coordination director national_intelligence chairperson determines current procedures inadequate


Summary:
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Intelligence Authorization Act for Fiscal Year 2016

TITLE I--INTELLIGENCE ACTIVITIES

(Sec. 101) Authorizes FY2016 appropriations for the conduct of intelligence and intelligence-related activities of: (1) the Office of the Director of National Intelligence (DNI); (2) the Central Intelligence Agency (CIA); (3) the Department of Defense (DOD); (4) the Defense Intelligence Agency; (5) the National Security Agency; (6) the Departments of the Army, the Navy, and the Air Force; (7) the Coast Guard; (8) the Departments of State, the Treasury, Energy (DOE), and Justice; (9) the Federal Bureau of Investigation; (10) the Drug Enforcement Administration; (11) the National Reconnaissance Office; (12) the National Geospatial-Intelligence Agency; and (13) the Department of Homeland Security.

(Sec. 102) Declares that the amounts authorized and the authorized personnel ceilings as of September 30, 2016, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President.

(Sec. 103) Allows the DNI, if it provides prior notification to Congress, to authorize employment of civilian personnel in excess of the number authorized for FY2016 when necessary for the performance of important intelligence functions.

Requires the DNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment: (1) in a student or trainee program; (2) in a reserve corps or as a reemployed annuitant; or (3) to a detail, joint duty, or long term, full-time training.

(Sec. 104) Authorizes FY2016 appropriations for the Intelligence Community Management Account and for personnel positions for elements within such Account. Provides for funds identified in the classified schedule for advanced research and development to remain available until September 30, 2017.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

(Sec. 201) Authorizes FY2016 appropriations for the Central Intelligence Agency Retirement and Disability Fund.

TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

(Sec. 301) Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law.

(Sec. 302) Prohibits the authorization of appropriations by this Act from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or U.S. laws.

(Sec. 303) Requires the DNI to establish a policy for elements of the intelligence community to provide quarterly notifications to Congress regarding each appointment of an individual to or separation from a senior level position.

TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Subtitle A--Director of National Intelligence

(Sec. 401) Requires the National Counterintelligence Executive to be appointed by the President with the advice and consent of the Senate. (Currently, the DNI appoints such executive.)

(Sec. 402) Includes the Inspector General of the Intelligence Community within the Council of the Inspectors General on Integrity and Efficiency.

(Sec. 403) Authorizes the Inspector General of the Intelligence Community to request information or assistance from state or local governmental agencies, subject to the concurrence of the DNI.

Subtitle B--Central Intelligence Agency

(Sec. 411) Requires the DNI to assign the Chief of the Analytic Integrity and Standards Group, in consultation with the CIA's Senior Analytic Service, to review finished CIA-produced intelligence products to assess whether the CIA's reorganization, announced publicly on March 6, 2015, has resulted in any loss of analytic objectivity. Directs the DNI to submit the results of such review to Congress.

(Sec. 412) Authorizes the Inspector General of the CIA to request information or assistance from state or local governmental agencies.

TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

Subtitle A--Matters Relating to Russia

(Sec. 501) Directs the DNI to notify Congress if the intelligence community receives intelligence that the Russian Federation has: (1) deployed, or is about to deploy, the Club-K container missile system through the Russian military; or (2) transferred or sold, or intends to transfer or sell, such system to another state or nonstate actor. Requires the DNI, within 30 days after submitting such a notice, to update Congress regarding any intelligence community engagement with a foreign partner on such a deployment and the impacts of a deployment to any potentially impacted nation.

(Sec. 502) Requires the DNI to submit to Congress an intelligence community assessment on the funding of political parties and nongovernmental organizations in former Soviet states and countries in Europe by the Russian Federation and its security and intelligence services since January 1, 2006.

(Sec. 503) Directs the DNI to submit to Congress an assessment on the use of political assassinations as a form of statecraft by the Russian Federation since January 1, 2000.

Subtitle B--Matters Relating to Other Countries

(Sec. 511) Directs the DNI to submit to Congress an assessment on the resources utilized for intelligence collection efforts with regard to the South and East China Seas. Requires the assessment to describe lead agencies, key partners, purposes of collection activity, annual funding and personnel, prioritization and coordination of collection activities, and resourcing gaps.

(Sec. 512) Requires the State Department to: (1) ensure that supervisory positions at U.S. diplomatic facilities in Cuba are occupied by U.S. citizens who have passed a thorough background check, and (2) submit to Congress a plan for reducing the reliance on locally employed staff in such U.S. diplomatic facilities in Cuba.

(Sec. 513) Requires U.S. diplomatic facilities in Cuba that are constructed or upgraded after the enactment of this Act to include a sensitive compartmented information facility. Allows the State Department to waive such requirement in the interest of national security if it submits a justification to Congress before exercising such waiver.

(Sec. 514) Requires the DNI to submit reports to Congress regarding: (1) the monetary value of any direct or indirect forms of sanctions relief that Iran has received since the Joint Plan of Action first entered into effect; (2) Iran's use of such funds, including to support international terrorism and the al-Assad regime in Syria, advance nuclear weapons or ballistic missile efforts, or commit any violation of the human rights of the people of Iran; and (3) the extent to which senior Iranian officials have diverted sanctions relief funds into their personal accounts.

TITLE VI--GENERAL PROVISIONS

(Sec. 601) Bars a provision of an intelligence contract that prohibits the disclosure of information from being construed to prohibit an element of the intelligence community from providing information to the congressional intelligence committees.

(Sec. 602) Requires the DNI to provide notice to Congress within 15 days after learning that an electronic communication service provider that generates call detail records in the ordinary course of business has changed its retention policy to a period of less than 18 months.

(Sec. 603) Requires anyone engaged in providing an electronic communication or a remote computing service to the public who obtains actual knowledge of any terrorist activity (including the distribution of information relating to explosives, destructive devices, and weapons of mass destruction) to provide the relevant facts and circumstances to authorities designated by the Attorney General.

(Sec. 604) Requires analytic integrity reviews of intelligence products to include explanations of how substantially similar, contemporaneous intelligence products are distinct in terms of source material, time frame, methodology, or other distinguishing analytic characteristics.

(Sec. 605) Directs the DNI to collaborate with DOD and the Joint Chiefs of Staff to develop and report to Congress on a strategy for a comprehensive interagency review of policies for planning and acquiring national security satellite systems and architectures, including the capabilities of commercial systems and partner countries, consistent with the National Space Policy issued on June 28, 2010. Requires such strategy to ensure that the U.S. national security overhead satellite architecture: (1) aims to produce satellite systems in less than five years that can leverage common, standardized design elements and commercially available technologies; (2) is open to distributed, disaggregated architectures that allow for better resiliency, reconstitution, replenishment, and rapid technological refresh; and (3) emphasizes deterrence and the importance of offensive and defensive space control capabilities.

(Sec. 606) Includes the DNI among the agencies that must be consulted when DOE considers whether to authorize a person to develop or produce special nuclear material outside the United States.

(Sec. 607) Requires the DNI to: (1) implement a plan to eliminate the backlog of overdue periodic reinvestigations of individuals eligible to access classified information or hold a sensitive position; and (2) direct specified executive agencies, military departments, and elements of the intelligence community identified in the Intelligence Reform and Terrorism Prevention Act of 2004 to implement enhanced personnel security programs.

Requires agencies' enhanced personnel security programs to integrate information from government, publicly available, and commercial data sources, consumer reporting agencies, and social media. Permits information obtained from such sources to include: (1) security or counterintelligence information on social media websites that may suggest ill intent, vulnerability to blackmail, compulsive behavior, allegiance to another country, change in ideology, or a lack of good judgment, reliability, or trustworthiness; and (2) data maintained on any terrorist or criminal watch list maintained by any agency, state or local government, or international organization.

Requires automated record checks under the enhanced program to be conducted at least twice every five years to ensure continued eligibility of agency employees and contractors.

Directs the DNI to issue guidance defining minor financial or mental health issues.

(Sec. 608) Makes technical amendments to exclude the Office of the DNI from certain position classification, pay, and allowances provisions relating to General Schedule employees.

measure amended introduced summary expanded action occurred measure intelligence authorization act fiscal year title intelligence activities sec authorizes fy2016 appropriations conduct intelligence intelligence related activities dni central_intelligence_agency cia department_of_defense dod defense_intelligence_agency national_security_agency departments army navy air_force coast_guard departments state treasury energy doe justice federal_bureau_of_investigation drug_enforcement_administration national_reconnaissance_office national_geospatial-intelligence_agency department_of_homeland_security sec declares amounts authorized authorized personnel ceilings september activities specified classified schedule authorizations shall available congressional appropriations committees president sec allows dni provides prior notification congress authorize employment civilian personnel excess number authorized fy2016 necessary performance important intelligence functions requires dni establish guidelines govern treatment authorized personnel levels employment assignment student trainee program reserve corps reemployed annuitant detail joint duty long term time training sec authorizes fy2016 appropriations intelligence_community_management_account personnel positions elements account provides funds identified classified schedule advanced research development remain available september title central intelligence agency retirement disability system sec authorizes fy2016 appropriations central_intelligence_agency_retirement_and_disability_fund title iii general intelligence community matters sec permits appropriations authorized act salary pay retirement benefits federal employees increased additional supplemental amounts necessary increases compensation benefits authorized law sec prohibits authorization appropriations act deemed constitute authority conduct intelligence activity authorized constitution laws sec requires dni establish policy elements intelligence community provide quarterly notifications congress appointment individual separation senior level position title matters relating elements intelligence_community subtitle director sec requires appointed president advice consent senate currently dni appoints executive sec includes inspector general intelligence_community council_of_the_inspectors_general_on_integrity_and_efficiency sec authorizes inspector general intelligence_community request information assistance state local governmental agencies subject concurrence dni subtitle central intelligence agency sec requires dni assign chief analytic integrity standards group consultation cia review finished cia produced intelligence products assess cia reorganization announced publicly march resulted loss analytic objectivity directs dni submit results review congress sec authorizes inspector general cia request information assistance state local governmental agencies title matters relating foreign countries subtitle matters relating russia sec directs dni notify congress intelligence community receives intelligence russian_federation deployed deploy container missile system russian military transferred sold intends transfer sell system state actor requires dni days submitting notice update congress intelligence community engagement foreign partner deployment impacts deployment potentially impacted nation sec requires dni submit congress intelligence community assessment funding political parties nongovernmental organizations soviet states countries europe russian_federation security intelligence services january sec directs dni submit congress assessment use political form russian_federation january subtitle matters relating countries sec directs dni submit congress assessment resources utilized intelligence collection efforts regard south requires assessment describe lead agencies key partners purposes collection activity annual funding personnel prioritization coordination collection activities gaps sec requires state_department ensure supervisory positions diplomatic facilities cuba occupied citizens passed thorough background check submit congress plan reducing reliance locally employed staff diplomatic facilities cuba sec requires diplomatic facilities cuba constructed upgraded enactment act include sensitive information facility allows state_department waive requirement interest national security submits justification congress exercising waiver sec requires dni submit reports congress monetary value direct indirect forms sanctions relief iran received joint_plan_of_action entered effect iran use funds including support international terrorism regime syria advance nuclear weapons ballistic missile efforts commit violation human rights people iran extent senior iranian officials diverted sanctions relief funds personal accounts title general provisions sec bars provision intelligence contract prohibits disclosure information construed prohibit element intelligence community providing information congressional intelligence committees sec requires dni provide notice congress days learning electronic communication service provider generates detail records ordinary course business changed retention policy period months sec requires engaged providing electronic communication remote computing service public obtains actual knowledge terrorist activity including distribution information relating explosives destructive devices weapons mass destruction provide relevant facts circumstances authorities designated attorney general sec requires analytic integrity reviews intelligence products include explanations substantially similar contemporaneous intelligence products distinct terms source material time frame methodology distinguishing analytic characteristics sec directs dni collaborate dod joint_chiefs_of_staff develop report congress strategy comprehensive interagency review policies planning acquiring national security satellite systems architectures including capabilities commercial systems partner countries consistent issued june requires strategy ensure national security overhead satellite architecture produce satellite systems years leverage common standardized design elements commercially available technologies open distributed disaggregated architectures allow better resiliency reconstitution replenishment rapid technological emphasizes deterrence importance offensive defensive space control capabilities sec includes dni agencies consulted doe considers authorize person develop produce special nuclear material outside united_states sec requires dni implement plan eliminate backlog overdue periodic reinvestigations individuals eligible access classified information hold sensitive position direct specified executive agencies military departments elements intelligence community identified intelligence reform terrorism prevention act implement enhanced personnel security programs requires agencies enhanced personnel security programs integrate information government publicly available commercial data sources consumer reporting agencies social media permits information obtained sources include security counterintelligence information social media websites suggest ill intent vulnerability compulsive behavior allegiance country change ideology lack good judgment reliability data maintained terrorist criminal watch list maintained agency state local government international organization requires automated record checks enhanced program conducted twice years ensure continued eligibility agency employees contractors directs dni issue guidance defining minor financial mental health issues sec makes technical amendments exclude office_of_the_dni certain position classification pay allowances provisions relating general_schedule employees


Summary:
Preserving American Access to Information Act

This bill directs: (1) the President to take appropriate actions to enhance the authority and capacity of the National Declassification Center under Executive Order 13526, or any successor executive order, to promote a government-wide strategy for the declassification of information; (2) the National Declassification Center to provide for consultation between the Center's advisory panel and the public on a regular basis; (3) federal agencies to make efforts to identify and designate historically valuable records during the initial classification process to ensure preservation and timely access to such records following eventual declassification; (4) the Public Interest Declassification Board to submit reports to Congress on pilot programs to assess the feasibility and advisability of mechanisms to improve the current declassification capabilities of such agencies; and (5) the Public Interest Declassification Board to review the rules of the Senate and the House of Representatives regarding the declassification of classified Committee records and make recommendations to improve declassification efforts.

The bill requires federal agency heads that classify information to report to Congress on an assessment of the feasibility and advisability of: (1) replacing the agency's current classification system with a two-tiered system, and (2) declassifying records with classified Formerly Restricted Data.

preserving american access information act bill directs president appropriate actions enhance authority capacity successor executive order promote government wide strategy declassification information provide consultation center advisory panel public regular basis federal agencies efforts identify designate historically valuable records initial classification process ensure preservation timely access records following eventual declassification public_interest_declassification_board submit reports congress pilot programs assess feasibility advisability mechanisms improve current declassification capabilities agencies public_interest_declassification_board review rules senate house_of_representatives declassification classified committee records recommendations improve declassification efforts bill requires federal agency heads classify information report congress assessment feasibility advisability replacing agency current classification system tiered system records classified restricted data


Summary:
Private Sector Call Record Retention Act

This bill amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to require an electronic communication service provider that has been issued a FISA court order requiring it to produce call detail records (consistent with FISA requirements for the production on an ongoing basis of call detail records created before, on, or after the date of an application by the Federal Bureau of Investigation relating to an authorized investigation to protect against international terrorism) to notify the Department of Justice if that service provider intends to retain its call detail records for less than 18 months.

Such a notification must be made not less than 180 days prior to the date such service provider intends to implement such a policy.

private sector record retention act bill amends foreign_intelligence_surveillance_act fisa require electronic communication service provider issued fisa court order requiring produce detail records consistent fisa requirements production ongoing basis detail records created date application federal_bureau_of_investigation relating authorized investigation protect international terrorism notify department_of_justice service provider intends retain detail records months notification days prior date service provider intends implement policy


Summary:
National Security Whistleblower Protection Act of 2016

This bill extends personnel protections to whistleblowers by classifying the suspension or revocation of access to classified information as a personnel action. This classification also applies to employees of the Federal Bureau of Investigation.

The Inspector General of the Department of Defense shall report to Congress on allegations of retaliation against whistleblowers whose access to classified information was suspended or revoked.

bill extends personnel protections whistleblowers classifying suspension revocation access classified information personnel action classification applies employees federal_bureau_of_investigation inspector general department_of_defense shall report congress allegations retaliation whistleblowers access classified information suspended revoked


Summary:
Cyber Act of War Act of 2016

This bill directs the President to: (1) develop a policy for determining when an action carried out in cyberspace constitutes an act of war against the United States, and (2) revise the Department of Defense Law of War Manual accordingly.

In developing this policy, the President shall consider: (1) the ways in which a cyber attack's effects may be equivalent to a conventional attack's effects, including physical destruction or casualties; and (2) intangible effects of significant scope or duration.

cyber act war act bill directs president develop policy determining action carried cyberspace constitutes act war united_states revise accordingly developing policy president shall consider ways cyber attack effects equivalent conventional attack effects including physical destruction casualties intangible effects significant scope duration


Summary:
Open Skies Treaty Compliance Assurance Act

This bill prohibits funds from being obligated or expended to aid the certification or approval of any new sensor, including to carry out an initial or exhibition observation flight of an observation aircraft, for use by the Russian Federation on observation flights under the Treaty on Open Skies unless the President certifies to Congress that:

 the new sensor's capabilities do not exceed capabilities imposed by the treaty and safeguards are in place to prevent the sensor or any information obtained from being used in any way not permitted by the treaty; mitigation measures are in place regarding collection by such sensor of high-value U.S. assets and critical infrastructure; each covered state party has been briefed on intelligence concerns regarding upgraded sensors used under the treaty, Russian Federation war fighting doctrine, and related intelligence collection; and the Russian Federation is in compliance with all of its treaty obligations, including the obligation to permit properly notified covered state party observation flights over all of Moscow, Chechnya, Abkhazia, South Ossetia, and Kaliningrad. Certification is required for each sensor and platform for which the Russian Federation has requested approval under the treaty.

The President may waive the requirement of Russian compliance with treaty obligations by certifying that sensor certification or approval is in U.S. national security interests. Such certification must include the date such compliance is expected and a description of U.S. efforts to achieve it.

"Covered state party" means a foreign country that is a state party to the treaty and a U.S. ally.

open skies treaty compliance assurance act bill prohibits funds obligated expended aid certification approval new sensor including carry initial exhibition observation flight observation aircraft use russian_federation observation flights treaty open skies president certifies congress new sensor capabilities exceed capabilities imposed treaty safeguards place prevent sensor information obtained way permitted treaty mitigation measures place collection sensor high value assets critical infrastructure covered state party briefed intelligence concerns upgraded sensors treaty russian_federation war fighting doctrine related intelligence collection russian_federation compliance treaty obligations including obligation permit properly notified covered state party observation flights certification required sensor platform russian_federation requested approval treaty president waive requirement russian compliance treaty obligations certifying sensor certification approval national security interests certification include date compliance expected description efforts achieve covered state party means foreign country state party treaty ally


Summary:
Taking Responsibility Using Secured Technologies Act of 2016

This bill expresses the sense of Congress that: (1) former Secretary of State Hillary Clinton should have any security clearance she holds revoked and should be denied access to classified information unless she earns the legal right to such access, and (2) any of her colleagues who demonstrated extreme carelessness in their handling of classified information should no longer have access to that information.

The bill prohibits granting a security clearance to, and requires revocation of the security clearance of, any federal officer or employee who has exercised extreme carelessness in the handling of classified information.

The bill also amends a provision of the federal criminal code that subjects to criminal penalties anyone entrusted with, or having lawful possession or control of, national defense information who, through gross negligence, permits that information to be removed from its proper place of custody or delivered to anyone or to be lost, stolen, abstracted, or destroyed. The bill explicitly states that "gross negligence," for these purposes, includes extreme or reckless carelessness.

taking responsibility secured technologies act bill expresses sense congress secretary state security clearance holds revoked denied access classified information earns legal right access demonstrated extreme handling classified information longer access information bill prohibits granting security clearance requires revocation security clearance federal officer employee exercised extreme handling classified information bill amends provision federal criminal code subjects criminal penalties having lawful possession control national defense information gross negligence permits information removed proper place custody delivered lost stolen destroyed bill explicitly states gross negligence purposes includes extreme reckless