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international terrorism. The statute includes an emergency exception, which allows the
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Attorney General to temporarily authorize collection.
(U) If the FISA court approves a specific selection term, NSA may use that specific
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selection term to obtain two hops of CDRs. The technical architecture that NSA created to
collect those CDRs from providers is discussed in greater detail below.

(U) The USA Freedom Act also implemented a number of other surveillance reforms and
oversight mechanisms. For example, the Act created a panel of cleared amici (technical and
legal experts) from whom the FISA court can solicit additional perspectives on matters of
privacy and civil liberties, communications technology, and other technical or legal matters
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presented by its cases. The Act also required that the Director of National Intelligence, in
consultation with the Attorney General, conduct a declassification review of each decision by the
FISA court that includes a novel and significant interpretation and make publicly available to the
greatest extent practicable each decision. Further, the Act required the Attorney General and
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Director of National Intelligence to report to Congress the total number of applications approved
by the FISA court under the CDR provision each year.
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38 (U) 50 U.S.C. § 1861(b)(2)(C) (“Each application . . . shall include . . . in the case of an application for the
production on an ongoing basis of call detail records . . . a statement of facts showing that there are reasonable
grounds to believe that the call detail records sought to be produced based on the specific selection term . . . are
relevant to [an investigation to protect against international terrorism]; and there is a reasonable, articulable
suspicion that such specific selection term is associated with a foreign power engaged in international terrorism or
activities in preparation therefor[.]”).

39 (U) See 50 U.S.C. § 1861(i)(1)(A) (“[T]he Attorney General may require the emergency production of tangible
things if the Attorney General reasonably determines that an emergency situation requires the production of tangible
things before an order authorizing such production can with due diligence be obtained[.]”). The definition of
Attorney General in FISA includes certain senior level officials in the Department of Justice. See 50 U.S.C.
§ 1801(g).
40 (U) 50 U.S.C. § 1861(c)(2)(F)(i) (“An order under this subsection . . . shall authorize the production on a daily
basis of call detail records for a period not to exceed 180 days[.]”).
41 (U) 50 U.S.C. § 1803(i)(1) (“The presiding judges of the courts established under subsections (a) and (b) shall, not
later than 180 days after June 2, 2015 jointly designate not fewer than 5 individuals to be eligible to serve as amicus
curiae, who shall serve pursuant to rules the presiding judges may establish.”).
42 (U) 50 U.S.C. § 1872(a) (“[T]he Director of National Intelligence, in consultation with the Attorney General, shall
conduct a declassification review of each decision, order, or opinion issued by the Foreign Intelligence Surveillance
Court or the Foreign Intelligence Surveillance Court of Review . . . that includes a significant construction or
interpretation of any provision of law, including any novel or significant construction or interpretation of the term
‘specific selection term’, and, consistent with that review, make publicly available to the greatest extent practicable
each such decision, order, or opinion.”).

43 (U) See 50 U.S.C. § 1861(b)(4) (“In April of each year, the Attorney General shall submit to the House and Senate
Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select
Committee on Intelligence a report setting forth with respect to the preceding calendar year . . . the total number of

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