HR 3361 - USA FREEDOM Act - National Key Vote

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Vote Smart's Synopsis:

Vote to pass a bill that amends the requirements for conducting electronic surveillance and other forms of information gathering for foreign intelligence and counterterrorism.


  • Requires an application for the production of call detail records to include a statement which shows the following facts (Sec. 101):
    • There are reasonable grounds to believe that the call records being sought to be produced are based on the “specific selection term” and are relevant to such investigation; and
    • There are facts that raise a reasonable, articulable suspicion that such specific selection term is associated with a foreign power. 
  • Defines “specific selection term” as a “discrete term” that specifically identifies an individual, entity, account, address, or device and is used by the government to limit the scope of the information or “tangible things sought” (Sec. 107).
  • Requires the following intelligence collection methods to use a specific selection term that meets the requirements as described in the provisions of this bill (Sec. 103):
    • A judicial order to access certain business records; 
    • A pen register or trap and trace device used for a telephone line or facility; and
    • Certain national security letters. 
  • Requires the Foreign Intelligence Surveillance Court to appoint an individual to serve as “amicus curiae” to assist the court unless the court issues a written finding which states that the appointment is not appropriate (Sec. 401).
  • Requires the Government to adopt procedures that require the “prompt destruction” of all call records which were produced under a judicial order and determined to not be foreign intelligence information (Sec. 101).
  • Prohibits information collected from a deficient Court order from being used against a United States citizen in court within the United States (Sec. 302).
  • Authorizes an individual to publicly report the total number of orders, directives, or national security letters that required compliance from the individual (Sec. 604).
  • Amends the Sunset provisions for the following bills from June 1, 2015 to December 31, 2017 (Sec. 701):
    • USA Patriot Improvement and Reauthorization Act of 2005; and
    • Intelligence Reform and Terrorism Prevention Act of 2004.