HR 3969 IHCommentsClose CommentsPermalink

To extend and modify certain provisions of the Foreign Intelligence Surveillance Act of 1978 relating to combating terrorism.CommentsClose CommentsPermalink

October 29, 2009CommentsClose CommentsPermalink

Mr. REYES (for himself, Mr. HASTINGS of Florida, Mr. RUPPERSBERGER, and Mr. BOREN) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services and Select Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To extend and modify certain provisions of the Foreign Intelligence Surveillance Act of 1978 relating to combating terrorism.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Counterterrorism Authorities Improvements Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. EXTENSION OF SUNSET OF CERTAIN PROVISIONS OF USA PATRIOT ACT.

(a) USA PATRIOT Improvement and Reauthorization Act of 2005- Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 U.S.C. 2510 note; Public Law 109-177) is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink





(b) Intelligence Reform and Terrorism Prevention Act of 2004- Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 1801 note; Public Law 108-458) is amended by striking ‘December 31, 2009’ and inserting ‘December 31, 2013’.CommentsClose CommentsPermalink

SEC. 3. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 501 OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

(a) Factual Basis for and Issuance of Orders- Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) by striking ‘a statement of facts showing’ and inserting ‘a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant’; andCommentsClose CommentsPermalink





(ii) by striking ‘clandestine intelligence activities,’ and all that follows and inserting ‘clandestine intelligence activities;’; andCommentsClose CommentsPermalink





(B) by striking subparagraph (B) and inserting the following new subparagraph:CommentsClose CommentsPermalink





‘(B) a statement of proposed minimization procedures.’; andCommentsClose CommentsPermalink





(2) in subsection (c)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by inserting ‘and that the proposed minimization procedures meet the definition of minimization procedures under subsection (g)’ after ‘subsections (a) and (b)’; andCommentsClose CommentsPermalink





(ii) by striking the second sentence; andCommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (D), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(ii) in subparagraph (E), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(F) shall direct that the minimization procedures be followed; and’.CommentsClose CommentsPermalink





(b) Disclosure of Requests- Such section 501 is further amended--CommentsClose CommentsPermalink





(1) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (2)(B), by striking ‘application.’ and inserting ‘application; and’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) may include a request that such order prohibit any person from disclosing to any other person that the Federal Bureau of Investigation has sought or obtained tangible things pursuant to such order for a particular period of time, other than in accordance with subsection (d).’;CommentsClose CommentsPermalink





(2) in subsection (c)(2), by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(G) if--CommentsClose CommentsPermalink





‘(i) such application includes a request for a prohibition in accordance with subsection (b)(3), andCommentsClose CommentsPermalink





‘(ii) the judge finds that there is reason to believe that the disclosure of the order will result in--CommentsClose CommentsPermalink





‘(I) a danger to the national security of the United States,CommentsClose CommentsPermalink





‘(II) interference with a criminal, counterterrorism, or counterintelligence investigation,CommentsClose CommentsPermalink





‘(III) interference with diplomatic relations, orCommentsClose CommentsPermalink





‘(IV) danger to the life or physical safety of any person,CommentsClose CommentsPermalink





shall prohibit any person from disclosing to any other person that the Federal Bureau of Investigation has sought or obtained tangible things pursuant to such order for an appropriate period of time as determined by the judge, except in accordance with subsection (d).’;CommentsClose CommentsPermalink





(3) in subsection (d)(1)--CommentsClose CommentsPermalink





(A) by striking ‘No person’ and inserting ‘If an order under this section includes a prohibition referred to in subsection (c)(2)(G), no person’; andCommentsClose CommentsPermalink





(B) by striking ‘an order under this section’ and inserting ‘such order during the period of time such prohibition is effective under such order’; andCommentsClose CommentsPermalink





(4) in subsection (f)(1)(B), by striking ‘an order imposed under subsection (d)’ and inserting ‘a prohibition referred to in subsection (c)(2)(G) included in an order under this section’.CommentsClose CommentsPermalink





(c) Audit- Section 106A of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 200) is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(1), by striking ‘2006’ and inserting ‘2013’;CommentsClose CommentsPermalink





(2) in subsection (c), by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





‘(3) CALENDAR YEARS 2007, 2008, AND 2009- Not later than December 31, 2010, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this section for calendar years 2007, 2008, and 2009.CommentsClose CommentsPermalink





‘(4) CALENDAR YEARS 2010 AND 2011- Not later than December 31, 2012, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this section for calendar years 2010 and 2011.CommentsClose CommentsPermalink





‘(5) CALENDAR YEARS 2012 AND 2013- Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this section for calendar years 2012 and 2013.’;CommentsClose CommentsPermalink





(3) in subsection (d)--CommentsClose CommentsPermalink





(A) in paragraph (1) by striking ‘subsection (c)(1) or (c)(2)’ and inserting ‘paragraph (1), (2), (3), (4), or (5) of subsection (c)’; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking ‘subsections (c)(1) and (c)(2)’ and inserting ‘paragraph (1), (2), (3), (4), or (5) of subsection (c)’; andCommentsClose CommentsPermalink





(4) in subsection (e), by striking ‘subsections (c)(1) and (c)(2)’ and inserting ‘paragraph (1), (2), (3), (4), or (5) of subsection (c)’.CommentsClose CommentsPermalink

SEC. 4. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY LETTERS.

(a) FISA- Section 501(f)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)--CommentsClose CommentsPermalink





(A) in clause (i)--CommentsClose CommentsPermalink





(i) in the first sentence, by striking ‘a production order’ and inserting ‘a production order or nondisclosure order’; andCommentsClose CommentsPermalink





(ii) in the second sentence, by striking ‘Not less than 1 year’ and all that follows; andCommentsClose CommentsPermalink





(B) in clause (ii) in the third sentence, by striking ‘production order or nondisclosure’; andCommentsClose CommentsPermalink





(2) in subparagraph (C)--CommentsClose CommentsPermalink





(A) by striking clause (ii); andCommentsClose CommentsPermalink





(B) by redesignating clause (iii) as clause (ii).CommentsClose CommentsPermalink





(b) Judicial Review of National Security Letters- Section 3511(b) of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Nondisclosure-CommentsClose CommentsPermalink





‘(1) IN GENERAL-CommentsClose CommentsPermalink





‘(A) NOTICE- If a recipient of a request or order for a report, records, or other information under section 2709 of this title, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802 of the National Security Act of 1947 (50 U.S.C. 436), wishes to have a court review a nondisclosure requirement imposed in connection with the request or order, the recipient shall notify the Government.CommentsClose CommentsPermalink





‘(B) APPLICATION- Not later than 30 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request or order. An application under this subparagraph may be filed in the district court of the United States for any district within which the authorized investigation that is the basis for the request or order is being conducted. The applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement.CommentsClose CommentsPermalink





‘(C) CONSIDERATION- A district court of the United States that receives an application under subparagraph (B) should rule expeditiously, and shall, subject to paragraph (3), issue a nondisclosure order that includes conditions appropriate to the circumstances.CommentsClose CommentsPermalink





‘(2) APPLICATION CONTENTS- An application for a nondisclosure order or extension thereof under this subsection shall include a certification from the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of the department, agency, or instrumentality, containing a statement of specific and articulable facts indicating that, absent a prohibition of disclosure under this subsection, there may result--CommentsClose CommentsPermalink





‘(A) a danger to the national security of the United States;CommentsClose CommentsPermalink





‘(B) interference with a criminal, counterterrorism, or counterintelligence investigation;CommentsClose CommentsPermalink





‘(C) interference with diplomatic relations; orCommentsClose CommentsPermalink





‘(D) danger to the life or physical safety of any person.CommentsClose CommentsPermalink





‘(3) STANDARD- A district court of the United States shall issue a nondisclosure requirement order or extension thereof under this subsection if the court determines, giving substantial weight to the certification under paragraph (2) that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in--CommentsClose CommentsPermalink





‘(A) a danger to the national security of the United States;CommentsClose CommentsPermalink





‘(B) interference with a criminal, counterterrorism, or counterintelligence investigation;CommentsClose CommentsPermalink





‘(C) interference with diplomatic relations; orCommentsClose CommentsPermalink





‘(D) danger to the life or physical safety of any person.’.CommentsClose CommentsPermalink





(c) Minimization- Section 501(g)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)(1)) is amended by striking ‘Not later than’ and all that follows and inserting ‘At or before the end of the period of time for the production of tangible things under an order approved under this section or at any time after the production of tangible things under an order approved under this section, a judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated.’.CommentsClose CommentsPermalink

SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.

(a) In General- Section 2709 of title 18, United States Code, is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Prohibition of Certain Disclosure-CommentsClose CommentsPermalink





‘(1) PROHIBITION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person that the Director of the Federal Bureau of Investigation has sought or obtained access to information or records under this section.CommentsClose CommentsPermalink





‘(B) CERTIFICATION- The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that, absent a prohibition of disclosure under this subsection, there may result--CommentsClose CommentsPermalink





‘(i) a danger to the national security of the United States;CommentsClose CommentsPermalink





‘(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;CommentsClose CommentsPermalink





‘(iii) interference with diplomatic relations; orCommentsClose CommentsPermalink





‘(iv) danger to the life or physical safety of any person.CommentsClose CommentsPermalink





‘(2) EXCEPTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A wire or electronic communication service provider, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to--CommentsClose CommentsPermalink





‘(i) those persons to whom disclosure is necessary in order to comply with the request;CommentsClose CommentsPermalink





‘(ii) an attorney in order to obtain legal advice or assistance regarding the request; orCommentsClose CommentsPermalink





‘(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.CommentsClose CommentsPermalink





‘(B) PERSONS NECESSARY FOR COMPLIANCE- Upon a request by the Director of the Federal Bureau of Investigation or the designee of the Director, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the Director or the designee.CommentsClose CommentsPermalink





‘(C) NONDISCLOSURE REQUIREMENT- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.CommentsClose CommentsPermalink





‘(D) NOTICE- Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(3) RIGHT TO JUDICIAL REVIEW-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A wire or electronic communications service provider that receives a request under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(B) NOTIFICATION- A request under subsection (a) shall--CommentsClose CommentsPermalink





‘(i) state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall provide notice to the Government in accordance with section 3511(b)(1)(A); andCommentsClose CommentsPermalink





‘(ii) describe the procedures for providing such notice.CommentsClose CommentsPermalink





‘(C) INITIATION OF PROCEEDINGS- If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 of this title, unless an appropriate official of the Federal Bureau of the Investigation makes a notification under paragraph (4).CommentsClose CommentsPermalink





‘(4) TERMINATION- In the case of any request for which a recipient has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the wire or electronic service provider, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.’.CommentsClose CommentsPermalink





(b) Identity of Financial Institutions and Credit Reports- Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by striking subsection (d) and inserting the following:CommentsClose CommentsPermalink





‘(d) Prohibition of Certain Disclosure-CommentsClose CommentsPermalink





‘(1) PROHIBITION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request or order under subsection (a), (b), or (c), shall disclose or specify in any consumer report, that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a), (b), or (c).CommentsClose CommentsPermalink





‘(B) CERTIFICATION- The requirements of subparagraph (A) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that, absent a prohibition of disclosure under this subsection, there may result--CommentsClose CommentsPermalink





‘(i) a danger to the national security of the United States;CommentsClose CommentsPermalink





‘(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;CommentsClose CommentsPermalink





‘(iii) interference with diplomatic relations; orCommentsClose CommentsPermalink





‘(iv) danger to the life or physical safety of any person.CommentsClose CommentsPermalink





‘(2) EXCEPTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A consumer reporting agency, or officer, employee, or agent thereof, that receives a request or order under subsection (a), (b), or (c) may disclose information otherwise subject to any applicable nondisclosure requirement to--CommentsClose CommentsPermalink





‘(i) those persons to whom disclosure is necessary in order to comply with the request or order;CommentsClose CommentsPermalink





‘(ii) an attorney in order to obtain legal advice or assistance regarding the request or order; orCommentsClose CommentsPermalink





‘(iii) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.CommentsClose CommentsPermalink





‘(B) PERSONS NECESSARY FOR COMPLIANCE- Upon a request by the Director of the Federal Bureau of Investigation or the designee of the Director, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the Director or the designee.CommentsClose CommentsPermalink





‘(C) NONDISCLOSURE REQUIREMENT- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request or order is issued under subsection (a), (b), or (c) in the same manner as the person to whom the request or order is issued.CommentsClose CommentsPermalink





‘(D) NOTICE- Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(3) RIGHT TO JUDICIAL REVIEW-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A consumer reporting agency that receives a request or order under subsection (a), (b), or (c) shall have the right to judicial review of any applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(B) NOTIFICATION- A request under subsection (a), (b), or (c) shall--CommentsClose CommentsPermalink





‘(i) state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall provide notice to the Government in accordance with section 3511(b)(1)(A) of title 18, United States Code; andCommentsClose CommentsPermalink





‘(ii) describe the procedures for providing such notice.CommentsClose CommentsPermalink





‘(C) INITIATION OF PROCEEDINGS- If a recipient of a request or order under subsection (a), (b), or (c) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 of title 18, United States Code, unless an appropriate official of the Federal Bureau of Investigation makes a notification under paragraph (4).CommentsClose CommentsPermalink





‘(4) TERMINATION- In the case of any request or order for which a consumer reporting agency has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.’.CommentsClose CommentsPermalink





(c) Disclosures to Governmental Agencies for Counterterrorism Purposes- Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Prohibition of Certain Disclosure-CommentsClose CommentsPermalink





‘(1) PROHIBITION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a).CommentsClose CommentsPermalink





‘(B) CERTIFICATION- The requirements of subparagraph (A) shall apply if the head of a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism, or a designee, certifies that, absent a prohibition of disclosure under this subsection, there may result--CommentsClose CommentsPermalink





‘(i) a danger to the national security of the United States;CommentsClose CommentsPermalink





‘(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;CommentsClose CommentsPermalink





‘(iii) interference with diplomatic relations; orCommentsClose CommentsPermalink





‘(iv) danger to the life or physical safety of any person.CommentsClose CommentsPermalink





‘(2) EXCEPTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to--CommentsClose CommentsPermalink





‘(i) those persons to whom disclosure is necessary in order to comply with the request;CommentsClose CommentsPermalink





‘(ii) an attorney in order to obtain legal advice or assistance regarding the request; orCommentsClose CommentsPermalink





‘(iii) other persons as permitted by the head of the government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism, or a designee.CommentsClose CommentsPermalink





‘(B) PERSONS NECESSARY FOR COMPLIANCE- Upon a request by the head of a government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism, or a designee, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the head of the government agency or the designee.CommentsClose CommentsPermalink





‘(C) NONDISCLOSURE REQUIREMENT- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.CommentsClose CommentsPermalink





‘(D) NOTICE- Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(3) RIGHT TO JUDICIAL REVIEW-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A consumer reporting agency that receives a request under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(B) NOTIFICATION- A request under subsection (a) shall--CommentsClose CommentsPermalink





‘(i) state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall provide notice to the Government in accordance with section 3511(b)(1)(A) of title 18, United States Code; andCommentsClose CommentsPermalink





‘(ii) describe the procedures for providing such notice.CommentsClose CommentsPermalink





‘(C) INITIATION OF PROCEEDINGS- If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the government shall initiate judicial review under the procedures established in section 3511 of title 18, United States Code, unless an appropriate official of the government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism makes a notification under paragraph (4).CommentsClose CommentsPermalink





‘(4) TERMINATION- In the case of any request for which a consumer reporting agency has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the government agency authorized to conduct investigations of, or intelligence or counterintelligence activities or analysis related to, international terrorism shall promptly notify the consumer reporting agency, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.’.CommentsClose CommentsPermalink





(d) Financial Records- Section 1114(a)(5) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is amended by striking subparagraph (D) and inserting the following:CommentsClose CommentsPermalink





‘(D) Prohibition of Certain Disclosure-CommentsClose CommentsPermalink





‘(i) PROHIBITION-CommentsClose CommentsPermalink





‘(I) IN GENERAL- If a certification is issued under subclause (II) and notice of the right to judicial review under clause (iii) is provided, no financial institution, or officer, employee, or agent thereof, that receives a request under subparagraph (A), shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under subparagraph (A).CommentsClose CommentsPermalink





‘(II) CERTIFICATION- The requirements of subclause (I) shall apply if the Director of the Federal Bureau of Investigation, or a designee of the Director whose rank shall be no lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office, certifies that, absent a prohibition of disclosure under this subparagraph, there may result--CommentsClose CommentsPermalink





‘(aa) a danger to the national security of the United States;CommentsClose CommentsPermalink





‘(bb) interference with a criminal, counterterrorism, or counterintelligence investigation;CommentsClose CommentsPermalink





‘(cc) interference with diplomatic relations; orCommentsClose CommentsPermalink





‘(dd) danger to the life or physical safety of any person.CommentsClose CommentsPermalink





‘(ii) EXCEPTION-CommentsClose CommentsPermalink





‘(I) IN GENERAL- A financial institution, or officer, employee, or agent thereof, that receives a request under subparagraph (A) may disclose information otherwise subject to any applicable nondisclosure requirement to--CommentsClose CommentsPermalink





‘(aa) those persons to whom disclosure is necessary in order to comply with the request;CommentsClose CommentsPermalink





‘(bb) an attorney in order to obtain legal advice or assistance regarding the request; orCommentsClose CommentsPermalink





‘(cc) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director.CommentsClose CommentsPermalink





‘(II) PERSONS NECESSARY FOR COMPLIANCE- Upon a request by the Director of the Federal Bureau of Investigation or the designee of the Director, those persons to whom disclosure will be made under subclause (I)(aa) or to whom such disclosure was made before the request shall be identified to the Director or the designee.CommentsClose CommentsPermalink





‘(III) NONDISCLOSURE REQUIREMENT- A person to whom disclosure is made under subclause (I) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subparagraph (A) in the same manner as the person to whom the request is issued.CommentsClose CommentsPermalink





‘(IV) NOTICE- Any recipient that discloses to a person described in subclause (I) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(iii) RIGHT TO JUDICIAL REVIEW-CommentsClose CommentsPermalink





‘(I) IN GENERAL- A financial institution that receives a request under subparagraph (A) shall have the right to judicial review of any applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(II) NOTIFICATION- A request under subparagraph (A) shall--CommentsClose CommentsPermalink





‘(aa) state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall provide notice to the Government in accordance with section 3511(b)(1)(A) of title 18, United States Code; andCommentsClose CommentsPermalink





‘(bb) describe the procedures for providing such notice.CommentsClose CommentsPermalink





‘(III) INITIATION OF PROCEEDINGS- If a recipient of a request under subparagraph (A) makes a notification under subclause (II), the Government shall initiate judicial review under the procedures established in section 3511 of title 18, United States Code, unless an appropriate official of the Federal Bureau of Investigation makes a notification under clause (iv).CommentsClose CommentsPermalink





‘(iv) TERMINATION- In the case of any request for which a financial institution has submitted a notification under clause (iii)(II), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the Federal Bureau of Investigation shall promptly notify the financial institution, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.’.CommentsClose CommentsPermalink





(e) Requests by Authorized Investigative Agencies- Section 802 of the National Security Act of 1947 (50 U.S.C. 436), is amended by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink





‘(b) Prohibition of Certain Disclosure-CommentsClose CommentsPermalink





‘(1) PROHIBITION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If a certification is issued under subparagraph (B) and notice of the right to judicial review under paragraph (3) is provided, no governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person that an authorized investigative agency described in subsection (a) has sought or obtained access to information under subsection (a).CommentsClose CommentsPermalink





‘(B) CERTIFICATION- The requirements of subparagraph (A) shall apply if the head of an authorized investigative agency described in subsection (a), or a designee, certifies that, absent a prohibition of disclosure under this subsection, there may result--CommentsClose CommentsPermalink





‘(i) a danger to the national security of the United States;CommentsClose CommentsPermalink





‘(ii) interference with a criminal, counterterrorism, or counterintelligence investigation;CommentsClose CommentsPermalink





‘(iii) interference with diplomatic relations; orCommentsClose CommentsPermalink





‘(iv) danger to the life or physical safety of any person.CommentsClose CommentsPermalink





‘(2) EXCEPTION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A governmental or private entity, or officer, employee, or agent thereof, that receives a request under subsection (a) may disclose information otherwise subject to any applicable nondisclosure requirement to--CommentsClose CommentsPermalink





‘(i) those persons to whom disclosure is necessary in order to comply with the request;CommentsClose CommentsPermalink





‘(ii) an attorney in order to obtain legal advice or assistance regarding the request; orCommentsClose CommentsPermalink





‘(iii) other persons as permitted by the head of the authorized investigative agency described in subsection (a).CommentsClose CommentsPermalink





‘(B) PERSONS NECESSARY FOR COMPLIANCE- Upon a request by the head of an authorized investigative agency described in subsection (a), or a designee, those persons to whom disclosure will be made under subparagraph (A)(i) or to whom such disclosure was made before the request shall be identified to the head of the authorized investigative agency or the designee.CommentsClose CommentsPermalink





‘(C) NONDISCLOSURE REQUIREMENT- A person to whom disclosure is made under subparagraph (A) shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection (a) in the same manner as the person to whom the request is issued.CommentsClose CommentsPermalink





‘(D) NOTICE- Any recipient that discloses to a person described in subparagraph (A) information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(3) RIGHT TO JUDICIAL REVIEW-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A governmental or private entity that receives a request under subsection (a) shall have the right to judicial review of any applicable nondisclosure requirement.CommentsClose CommentsPermalink





‘(B) NOTIFICATION- A request under subsection (a) shall--CommentsClose CommentsPermalink





‘(i) state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall provide notice to the Government in accordance with section 3511(b)(1)(A) of title 18, United States Code; andCommentsClose CommentsPermalink





‘(ii) describe the procedures for providing such notice.CommentsClose CommentsPermalink





‘(C) INITIATION OF PROCEEDINGS- If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the Government shall initiate judicial review under the procedures established in section 3511 of title 18, United States Code, unless an appropriate official of the authorized investigative agency described in subsection (a) makes a notification under paragraph (4).CommentsClose CommentsPermalink





‘(4) TERMINATION- In the case of any request for which a governmental or private entity has submitted a notification under paragraph (3)(B), if the facts supporting a nondisclosure requirement cease to exist, an appropriate official of the authorized investigative agency described in subsection (a) shall promptly notify the governmental or private entity, or officer, employee, or agent thereof, subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect.’.CommentsClose CommentsPermalink

SEC. 6. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL RECORDS.

(a) In General- Section 2709 of title 18, United States Code, as amended by this Act, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) Written Statement- The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may make a certification under subsection (b) only upon a written statement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection (b).’.CommentsClose CommentsPermalink





(b) Identity of Financial Institutions and Credit Reports- Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), as amended by this Act, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (d) through (m) as subsections (e) through (n), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subsection (c) the following:CommentsClose CommentsPermalink





‘(d) Written Statement- The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may make a certification under subsection (a) or (b) only upon a written statement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection (a) or (b), as the case may be.’.CommentsClose CommentsPermalink





(c) Disclosures to Governmental Agencies for Counterterrorism Purposes- Section 627(b) of the Fair Credit Reporting Act (15 U.S.C. 1681v(b)) is amended--CommentsClose CommentsPermalink





(1) in the subsection heading, by striking ‘Form of Certification’ and inserting ‘Certification’;CommentsClose CommentsPermalink





(2) by striking ‘The certification’ and inserting the following:CommentsClose CommentsPermalink





‘(1) FORM OF CERTIFICATION- The certification’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(2) WRITTEN STATEMENT- A supervisory official or officer described in paragraph (1) may make a certification under subsection (a) only upon a written statement, which shall be retained by the government agency, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection (a).’.CommentsClose CommentsPermalink





(d) Financial Records- Section 1114(a)(5) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)), as amended by this Act, is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; andCommentsClose CommentsPermalink





(2) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) The Director of the Federal Bureau of Investigation, or a designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, may make a certification under subparagraph (A) only upon a written statement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subparagraph (A).’.CommentsClose CommentsPermalink





(e) Requests by Authorized Investigative Agencies- Section 802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) A department or agency head, deputy department or agency head, or senior official described in paragraph (3)(A) may make a certification under paragraph (3)(A) only upon a written statement, which shall be retained by the authorized investigative agency, of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized inquiry or investigation described in paragraph (3)(A)(ii).’.CommentsClose CommentsPermalink





(f) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) OBSTRUCTION OF CRIMINAL INVESTIGATIONS- Section 1510(e) of title 18, United States Code, is amended by striking ‘section 2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)),’ and inserting ‘section 2709(d)(1) of this title, section 626(e)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681u(e)(1) and 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(E)(i) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(3)(A) and 3414(a)(5)(E)(i)),’.CommentsClose CommentsPermalink





(2) SEMIANNUAL REPORTS- Section 507(b) of the National Security Act of 1947 (50 U.S.C. 415b(b)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (4), by striking ‘section 624(h)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681u(h)(2))’ and inserting ‘section 626(i)(2) of the Fair Credit Reporting Act (15 U.S.C. 1681u(i)(2))’; andCommentsClose CommentsPermalink





(B) in paragraph (5), by striking ‘section 1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(C))’ and inserting ‘section 1114(a)(5)(D) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(D))’.CommentsClose CommentsPermalink

SEC. 7. ADDITIONAL RULES RELATING TO NATIONAL SECURITY LETTERS.

(a) Audit of Use of National Security Letters- Section 119 of the USA PATRIOT Improvement and Reauthorization Act of 2005 is amended--CommentsClose CommentsPermalink





(1) in subsection (b)(1), by striking ‘2003 through 2006’ and inserting ‘2007 through 2013’;CommentsClose CommentsPermalink





(2) in subsection (b)(3)(E), by striking ‘following the date of the enactment of this Act’ and inserting ‘after 2006’;CommentsClose CommentsPermalink





(3) in subsection (c)(1)--CommentsClose CommentsPermalink





(A) by striking ‘Not later than one year after the date of the enactment of this Act, or upon completion of the audit under this section for calendar years 2003 and 2004, whichever is earlier’ and inserting ‘Not later than December 31, 2010’; andCommentsClose CommentsPermalink





(B) by striking ‘conducted under this subsection for calendar years 2003 and 2004’ and inserting ‘conducted under this section for calendar years 2007 through 2009’;CommentsClose CommentsPermalink





(4) in subsection (c)(2)--CommentsClose CommentsPermalink





(A) by striking ‘2005’ each place it appears (including in the subsection heading) and inserting ‘2010’;CommentsClose CommentsPermalink





(B) by striking ‘2006’ each place it appears (including in the subsection heading) and inserting ‘2011’; andCommentsClose CommentsPermalink





(C) by striking ‘2007’ and inserting ‘2012’; andCommentsClose CommentsPermalink





(5) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) CALENDAR YEARS 2012 AND 2013- Not later than December 31, 2014, or upon completion of the audit under this subsection for calendar years 2012 and 2013, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under the subsection for calendar years 2012 and 2013.’.CommentsClose CommentsPermalink





(b) Procedures Regarding Information Obtained Through National Security Letters-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Attorney General shall--CommentsClose CommentsPermalink





(A) establish procedures for the collection, use, and storage of information obtained in response to a national security letter; andCommentsClose CommentsPermalink





(B) submit to the appropriate congressional committees the procedures established under subparagraph (A).CommentsClose CommentsPermalink





(2) REVISIONS TO PROCEDURES- The Attorney General shall notify the appropriate congressional committees of any significant changes to the procedures established under paragraph (1)(A).CommentsClose CommentsPermalink





(3) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





(A) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink





(i) the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives; andCommentsClose CommentsPermalink





(ii) the Select Committee on Intelligence and the Committee on the Judiciary of the Senate.CommentsClose CommentsPermalink





(B) NATIONAL SECURITY LETTER- the term ‘national security letter’ means a request for information issued under section 2709 of title 18, United States Code, section 1114(a)(5) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(5)), subsection (a) or (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), or section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v).CommentsClose CommentsPermalink

SEC. 8. LONE WOLF TERRORISTS AS AGENTS OF FOREIGN POWERS.

Section 104 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1804) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Requirements for Applications for Individual Terrorists-CommentsClose CommentsPermalink





‘(1) DELEGATION- The Attorney General may only delegate the authority to approve an application under subsection (a) for an order approving electronic surveillance of an agent of a foreign power, as defined in section 101(b)(1)(C), to the Deputy Attorney General or the Assistant Attorney General for National Security.CommentsClose CommentsPermalink





‘(2) NOTICE TO CONGRESS- Not later than seven days after an application for an order approving electronic surveillance of an agent of a foreign power, as defined in section 101(b)(1)(C), is made under subsection (a), the Attorney General shall submit to the Permanent Select Committee on Intelligence and the Committee on the Judiciary of the House of Representatives and the Select Committee on Intelligence and the Committee on the Judiciary of the Senate notice of such application.’.CommentsClose CommentsPermalink

SEC. 9. ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE PURPOSES.

(a) Application- Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘and’ at the end;CommentsClose CommentsPermalink





(2) in paragraph (2)--CommentsClose CommentsPermalink





(A) by striking ‘a certification by the applicant’ and inserting ‘a statement of the facts and circumstances relied upon by the applicant to justify the belief of the applicant’; andCommentsClose CommentsPermalink





(B) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(3) a statement of whether minimization procedures are being proposed and, if so, a statement of the proposed minimization procedures.’.CommentsClose CommentsPermalink





(b) Minimization-CommentsClose CommentsPermalink





(1) DEFINITION- Section 401 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) The term ‘minimization procedures’ means--CommentsClose CommentsPermalink





‘(A) specific procedures, that are reasonably designed in light of the purpose and technique of an order for the installation and use of a pen register or trap and trace device, to minimize the retention, and prohibit the dissemination, of nonpublicly available information known to concern unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;CommentsClose CommentsPermalink





‘(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; andCommentsClose CommentsPermalink





‘(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes.’.CommentsClose CommentsPermalink





(2) PEN REGISTERS AND TRAP AND TRACE DEVICES- Section 402 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842) is amended--CommentsClose CommentsPermalink





(A) in subsection (d)--CommentsClose CommentsPermalink





(i) in paragraph (1), by inserting ‘, and if, in exceptional circumstances, minimization procedures are ordered, that the proposed minimization procedures meet the definition of minimization procedures under this title’ before the period at the end; andCommentsClose CommentsPermalink





(ii) in paragraph (2)(B)--CommentsClose CommentsPermalink





(I) in clause (ii)(II), by striking ‘and’ after the semicolon; andCommentsClose CommentsPermalink





(II) by adding at the end the following:CommentsClose CommentsPermalink





‘(iv) if applicable, the minimization procedures be followed; and’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(h) At or before the end of the period of time for which the installation and use of a pen register or trap and trace device is approved under an order or an extension under this section, the judge may assess compliance with any applicable minimization procedures by reviewing the circumstances under which information concerning United States persons was retained or disseminated.’.CommentsClose CommentsPermalink





(3) EMERGENCIES- Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended--CommentsClose CommentsPermalink





(A) by redesignating subsection (c) as subsection (d); andCommentsClose CommentsPermalink





(B) by inserting after subsection (b) the following:CommentsClose CommentsPermalink





‘(c) If the Attorney General authorizes the emergency installation and use of a pen register or trap and trace device under this section, the Attorney General shall require that minimization procedures be followed, if appropriate.’.CommentsClose CommentsPermalink





(4) USE OF INFORMATION- Section 405(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) is amended by inserting ‘or minimization procedures required under this title, if ordered or determined appropriate by the Attorney General under section 403(c)’ after ‘provisions of this section’.CommentsClose CommentsPermalink





(c) Audits-CommentsClose CommentsPermalink





(1) IN GENERAL- The Inspector General of the Department of Justice shall perform comprehensive audits of the effectiveness and use, including any improper or illegal use, of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 et seq.) during the period beginning on January 1, 2007, and ending on December 31, 2013.CommentsClose CommentsPermalink





(2) REQUIREMENTS- The audits required under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) an examination of the use of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 for calendar years 2007 through 2013;CommentsClose CommentsPermalink





(B) an examination of the installation and use of a pen register or trap and trace device on emergency bases under section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843);CommentsClose CommentsPermalink





(C) any noteworthy facts or circumstances relating to the use of a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978, including any improper or illegal use of the authority provided under that title; andCommentsClose CommentsPermalink





(D) an examination of the effectiveness of the authority under title IV of the Foreign Intelligence Surveillance Act of 1978 as an investigative tool, including--CommentsClose CommentsPermalink





(i) the importance of the information acquired to the intelligence activities of the Federal Bureau of Investigation or any other department or agency of the Federal Government;CommentsClose CommentsPermalink





(ii) the manner in which the information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to the information provided to any other department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity;CommentsClose CommentsPermalink





(iii) with respect to calendar years 2010 through 2013, an examination of the minimization procedures used in relation to pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 and whether the minimization procedures protect the constitutional rights of United States persons (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801));CommentsClose CommentsPermalink





(iv) whether, and how often, the Federal Bureau of Investigation used information acquired under a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978 to produce an analytical intelligence product for distribution within the Federal Bureau of Investigation, to the intelligence community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), or to other Federal, State, local, or tribal government departments, agencies, or instrumentalities; andCommentsClose CommentsPermalink





(v) whether, and how often, the Federal Bureau of Investigation provided information acquired under a pen register or trap and trace device under title IV of the Foreign Intelligence Surveillance Act of 1978 to law enforcement authorities for use in criminal proceedings.CommentsClose CommentsPermalink





(3) SUBMISSION DATES-CommentsClose CommentsPermalink





(A) PRIOR YEARS- Not later than December 31, 2010, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under this section for calendar years 2007 through 2009.CommentsClose CommentsPermalink





(B) CALENDAR YEARS 2010 AND 2011- Not later than December 31, 2012, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under this section for calendar years 2010 and 2011.CommentsClose CommentsPermalink





(C) CALENDAR YEARS 2012 AND 2013- Not later than December 31, 2014, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under this section for calendar years 2010 and 2011.CommentsClose CommentsPermalink





(4) PRIOR NOTICE TO ATTORNEY GENERAL AND DIRECTOR OF NATIONAL INTELLIGENCE; COMMENTS-CommentsClose CommentsPermalink





(A) NOTICE- Not less than 30 days before the submission of a report under subparagraph (A), (B), or (C) of paragraph (3), the Inspector General of the Department of Justice shall provide the report to the Attorney General and the Director of National Intelligence.CommentsClose CommentsPermalink





(B) COMMENTS- The Attorney General or the Director of National Intelligence may provide such comments to be included in a report submitted under subparagraph (A), (B), or (C) of paragraph (3) as the Attorney General or the Director of National Intelligence may consider necessary.CommentsClose CommentsPermalink





(5) UNCLASSIFIED FORM- A report submitted under subparagraph (A), (B), or (C) of paragraph (3) and any comments included under paragraph (4)(B) shall be in unclassified form, but may include a classified annex.CommentsClose CommentsPermalink