S 1692 ISRSCommentsClose CommentsPermalink

To extend the sunset of certain provisions of the USA PATRIOT Act and the authority to issue national security letters, and for other purposes.CommentsClose CommentsPermalink

September 22, 2009CommentsClose CommentsPermalink

Mr. LEAHY (for himself, Mr. CARDIN, and Mr. KAUFMAN, Mr. SANDERS, Mrs. FEINSTEIN, Mr. WHITEHOUSE, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To extend the sunset of certain provisions of the USA PATRIOT Act and the authority to issue national security letters, and for other purposes.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 ‘USA PATRIOT Act Sunset Extension Act of 2009’. CommentsClose CommentsPermalink

SEC. 2. SUNSETS.

(a) Sections 206 and 215 Sunset- CommentsClose CommentsPermalink





(1) IN GENERAL- Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking ‘2009’ and inserting ‘2013’. CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- CommentsClose CommentsPermalink





(A) IN GENERAL- Section 601(a)(1)(D) of tThe Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(1)(D)) is amended by striking 01 et seq.), as amended by section 3 of this Act, is amended-- CommentsClose CommentsPermalink





(i) in the table of contents in the first section, by striking the items relating to title V and sections 501, 502, and 503 and inserting the following: CommentsClose CommentsPermalink

‘TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PURPOSES

‘Sec. 501. Definitions. CommentsClose CommentsPermalink





‘Sec. 502. Access to certain business records for foreign intelligence and international terrorism investigations.’; CommentsClose CommentsPermalink





(ii) in title V (50 U.S.C. 1861 et seq.)-- CommentsClose CommentsPermalink





(I) in the title heading, by striking ‘AND OTHER TANGIBLE THINGS’; and CommentsClose CommentsPermalink





(II) by striking section 503; and CommentsClose CommentsPermalink





(iii) in section 601(a)(1)(D) (50 U.S.C. 1871(a)(1)(D)), by striking ‘section 501;’ and inserting ‘section 502 or under section 501 pursuant to section 102(b)(2) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1861 note);’. CommentsClose CommentsPermalink





(B) APPLICATION UNDER SECTION 404 OF THE FISA AMENDMENTS ACT OF 2008- Section 404(b)(4)(A) of the FISA Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2477) is amended by striking the period at the end and inserting ‘, except that paragraph (1)(D) of such section 601(a) shall be applied as if it read as follows: CommentsClose CommentsPermalink





‘(D) access to records under section 502 or under section 501 pursuant to section 102(b)(2) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1861 note);’.’. CommentsClose CommentsPermalink





(C) EFFECTIVE DATE- The amendments made by this paragraph shall take effect on December 31, 2013. CommentsClose CommentsPermalink





(b) Extension of Sunset Relating to Individual Terrorists as Agents of Foreign Powers- CommentsClose CommentsPermalink





(1) IN GENERAL- Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note) is amended to read as follows: CommentsClose CommentsPermalink





‘(b) Sunset- CommentsClose CommentsPermalink





‘(1) REPEAL- Subparagraph (C) of section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)), as added by subsection (a), is repealed effective December 31, 2013. CommentsClose CommentsPermalink





‘(2) TRANSITION PROVISION- Notwithstanding paragraph (1), subparagraph (C) of section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) shall continue to apply on and after December 31, 2013, with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before December 31, 2013.’. CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT- CommentsClose CommentsPermalink





(A) IN GENERAL- Section 601(a)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(2)) is amended by striking the semicolon at the end and inserting ‘pursuant to subsection (b)(2) of section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note);’. CommentsClose CommentsPermalink





(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take effect on December 31, 2013. CommentsClose CommentsPermalink





(c) National Security Letters- CommentsClose CommentsPermalink





(1) IN GENERREPEAL- Effective on December 31, 2013, the following provisions of law are repealed:(A) S-- CommentsClose CommentsPermalink





(A) section 2709 of title 18, United States Code .(B) S , is amended to read as such provision read on October 25, 2001; CommentsClose CommentsPermalink





(B) section 1114(a)(5) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)).(C) S is amended to read as such provision read on October 25, 2001; CommentsClose CommentsPermalink





(C) subsections (a) and (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u).(D) S are amended to read as subsections (a) and (b), respectively, of section 624 of such Act read on October 25, 2001; CommentsClose CommentsPermalink





(D) section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v).(E) S is repealed; and CommentsClose CommentsPermalink





(E) section 802 of the National Security Act of 1947 (50 U.S.C. 436) is amended to read as such provision read on October 25, 2001. CommentsClose CommentsPermalink





(2) TRANSITION PROVISION- Notwithstanding paragraph (1), the provisions of law referred to in paragraph (1), as in effect on December 30, 2013, shall continue to apply on and after December 31, 2013, with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before December 31, 2013. CommentsClose CommentsPermalink





(3) TECHNICAL AND CONFORMING AMENDMENTS- (A) TITLE 18- TEffective December 31, 2013-- CommentsClose CommentsPermalink





(A)section 3511 of title 18, United States Code, is amended-- CommentsClose CommentsPermalink





(i) in the table of sections for chapter 121, by striking the item relating to section 2709;

(ii) by striking section 3511; and

(iii) in the table of sections for chapter 223, by striking the item relating to section 3511.

(B) FAIR CREDIT REPORTING ACT- Tsubsections (a), (c), and (d), by striking ‘or 627(a)’ each place it appears; and CommentsClose CommentsPermalink




(ii) in subsection (b)(1)(A), as amended by section 6(b) of this Act, by striking ‘section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681) is amended--(i) in section 626u and 1681v)’ and inserting ‘section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u)--

(I) in subsection (d)(1), by striking ‘the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c)’ and inserting ‘a consumer report respecting any consumer under subsection (c)’;

(II) in subsection (h)(1), by striking ‘subsections (a), (b), and (c)’ and inserting ‘subsection (c)’; and

(ii) in’; CommentsClose CommentsPermalink




(B) section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended-- CommentsClose CommentsPermalink





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





(ii) in subparagraph (D), by striking ‘; and’ and inserting a period; and CommentsClose CommentsPermalink





(iii) by striking subparagraph (E); and CommentsClose CommentsPermalink





(C) the table of sections, by striking the item relating to section 627.(C) NATIONAL SECURITY ACT OF 1947- The National Security Act of 1947 (50 for the Fair Credit Reporting Act (15 U.S.C. 401681 et seq.) is amended--

(i) in section 507(b) (50 U.S.C. 415b(b))--

(I) by striking paragraph (5); and

(II) by redesignating paragraph (6) as paragraph (5); and

(ii) in the table of contents, by striking the by striking the item relating to section 802.(D) EFFECTIVE DATE- The amendments made by this paragraph shall take effect on December 31, 2013627. CommentsClose CommentsPermalink

SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR ACCESS TO CERTAIN BUSINESS RECORDS AND TANGIBLE THINGS.

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





(1) in the section heading, by strikinginserting ‘and other tangible things’ after ‘certain business records’ and inserting ‘tangible things’;

(2) in subsection (b)(2), by striking subparagraphs (A) and (B) and inserting the following:

‘(A); CommentsClose CommentsPermalink




(2) 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’; and CommentsClose CommentsPermalink





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





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





‘(B) if the records sought are the circulation records or patron lists of a library (as defined in section 213(1) of the Library Services and Technology Act (20 U.S.C. 9122(1))), a statement of facts showing that there are reasonable grounds to believe that the records or other things sought-- CommentsClose CommentsPermalink





‘(i) are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and CommentsClose CommentsPermalink





‘(ii)(I) pertain to a foreign power or an agent of a foreign power; CommentsClose CommentsPermalink





‘(II) are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or CommentsClose CommentsPermalink





‘(III) pertain to an individual in contact with, or known to, a suspected agent of a foreign power; and CommentsClose CommentsPermalink





‘(BC) a statement of proposed minimization procedures.’; and CommentsClose CommentsPermalink





(3) 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)’; and CommentsClose CommentsPermalink





(ii) by striking the second sentence; and CommentsClose 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 ‘; and’; and CommentsClose CommentsPermalink





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





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





(b) Technical and Conforming Amendments- CommentsClose CommentsPermalink





(1) DEFINITIONS- Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by adding at the end the following: CommentsClose CommentsPermalink

‘SEC. 503. DEFINITIONS.

‘In this title, the terms ‘Attorney General’, ‘foreign intelligence information’, ‘international terrorism’, ‘person’, ‘United States’, and ‘United States person’ have the meanings given such terms in section 101.’. CommentsClose CommentsPermalink





(2) TITLE HEADING- Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended in the title heading by strikinginserting ‘AND OTHER TANGIBLE THINGS’ after ‘CERTAIN BUSINESS RECORDS’ and inserting ‘TANGIBLE THINGS’.(2. CommentsClose CommentsPermalink





(3) TABLE OF CONTENTS- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended-- CommentsClose CommentsPermalink





(A) by striking the items relating to title V and section 501 and inserting the following: CommentsClose CommentsPermalink

‘TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS AND OTHER TANGIBLE THINGS FOR FOREIGN INTELLIGENCE PURPOSES

‘Sec. 501. Access to certain business records and other tangible things for foreign intelligence purposes and international terrorism investigations.’; and CommentsClose CommentsPermalink





(B) by inserting after the item relating to section 502 the following: CommentsClose CommentsPermalink





‘Sec. 503. Definitions.’. CommentsClose CommentsPermalink

SEC. 4. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE PURPOSES.

(a) In General-(1) APPLICATION- Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 Application- Section 402(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is amended-- CommentsClose CommentsPermalink





(A1) in paragraph (1), by striking ‘and’ at the end; CommentsClose CommentsPermalink





and

(B) by striking paragraph (2) and inserting the following:

‘(2 (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’; and CommentsClose CommentsPermalink





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





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





‘(3) a statement of facts showing that therewhether minimization procedures are reasonable grounds to believe that the information likely to be obtained--

‘(A) is relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(1) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities; and

‘(B)(i) pertains to a foreign power or an agent of a foreign power;

‘(ii) is relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

‘(iii) pertains to an individual in contact with, or known to, a suspected agent of a foreign power; and

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





(2) MINIMIZATION-(A) 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 acquisition and retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States 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; and CommentsClose 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





(B2) 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





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





(Ii) 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; and CommentsClose CommentsPermalink





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





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





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





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





(iiB) 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 the minimization procedures by any applicable minimization procedures by reviewing the circumstances under which information concerning United States persons was acquired, retained,retained or disseminated.’. CommentsClose CommentsPermalink





(C3) EMERGENCIES- Section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) is amended-- CommentsClose CommentsPermalink





(iA) by redesignating subsection (c) as subsection (d); and CommentsClose CommentsPermalink





(iiB) 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 the minimization procedures required by this title for the issuance of a judicial order be followedminimization procedures be followed, if appropriate.’. CommentsClose CommentsPermalink





(D4) USE OF INFORMATION- Section 405(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)) is amended by striking ‘provisions of’ and inserting ‘minimization procedures required under(1)) is amended by striking ‘provisions of this section’ and inserting ‘minimization procedures required under this title’. 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 (43) 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 the particular information specified in the certification during the time period to which the certification applies, which may be not longer than 1 year.‘(B) at 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; or CommentsClose 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; or CommentsClose 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





‘(CD) 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) EXTENSION- 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 in a Bureau field office, may extend a nondisclosure requirement for additional periods of not longer than 1 year if, at the time of each extension, a new certification is made under paragraph (1)(B) and notice is provided to the recipient of the applicable request that the nondisclosure requirement has been extended and the recipient has the right to judicial review of the nondisclosure requirement.‘(4) 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 and any extension thereof. CommentsClose CommentsPermalink





‘(B) TIMING-‘(i) IN GENERALNOTIFICATION- A request under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government not later than 21 days after the date of receipt of the request.‘(ii) EXTENSION- A notice that the applicable nondisclosure requirement has been extended under paragraph (3) shall state that if the recipient wishes to have a court review thea nondisclosure requirement, the recipient shall notify the Government not later than 21 days after the date of receipt of the 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.‘(5) , 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 prior to the applicable time period of the nondisclosure requirement, 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 (43) 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 to any person the particular information specified in the certification during the time period to which the certification applies, which may be not longer than 1 yearor 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; or CommentsClose 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; or CommentsClose 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





‘(CD) 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) EXTENSION- 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 in a Bureau field office, may extend a nondisclosure requirement for additional periods of not longer than 1 year if, at the time of each extension, a new certification is made under paragraph (1)(B) and notice is provided to the recipient of the applicable request or order that the nondisclosure requirement has been extended and the recipient has the right to judicial review of the nondisclosure requirement.‘(4) 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 and any extension thereof. CommentsClose CommentsPermalink





‘(B) TIMING-‘(i) IN GENERALNOTIFICATION- A request or order under subsection (a), (b), or (c) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipient shall notify the Government not later than 21 days after the date of receipt of the request or order.‘(ii) EXTENSION- A notice that the applicable nondisclosure requirement has been extended under paragraph (3) shall state that if the recipient wishes to have a court review thea nondisclosure requirement, the recipient shall notify the Government not later than 21 days after the date of receipt of the 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 insection 3511 of title 18, United States Code.‘(5) , 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 prior to the applicable time period of the nondisclosure requirement, 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 (43) is provided, no consumer reporting agency, or officer, employee, or agent thereof, that receives a request under subsection (a), shall disclose to any person the particular information specified in the certification during the time period to which the certification applies, which may be not longer than 1 year.‘(B) 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; or CommentsClose 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; or CommentsClose 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





‘(CD) 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) EXTENSION- The head of a government agency authorized to conduct investigations of intelligence or counterintelligence activities or analysis related to international terrorism, or a designee, may extend a nondisclosure requirement for additional periods of not longer than 1 year if, at the time of each extension, a new certification is made under paragraph (1)(B) and notice is provided to the recipient of the applicable request that the nondisclosure requirement has been extended and the recipient has the right to judicial review of the nondisclosure requirement.‘(4) 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 and any extension thereof. CommentsClose CommentsPermalink





‘(B) TIMING-‘(i) IN GENERAL- A request under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipientNOTIFICATION- A request under subsection (a) shall notify the Government not later than 21 days after the date of receipt of the request.‘(ii) EXTENSION- A notice that the applicable nondisclosure requirement has been extended under paragraph (3) shall state that if the recipient wishes to have a court review thea nondisclosure requirement, the recipient shall notify the Government not later than 21 days after the date of receipt of the noticegovernment. CommentsClose CommentsPermalink





‘(C) INITIATION OF PROCEEDINGS- If a recipient of a request under subsection (a) makes a notification under subparagraph (B), the Ggovernment shall initiate judicial review under the procedures established insection 3511 of title 18, United States Code.‘(5) , 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 prior to the applicable time period of the nondisclosure requirement, 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 DISCLOSURErohibition 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 (ivii) is provided, no financial institution, or officer, employee, or agent thereof, that receives a request under subparagraph (A), shall disclose to any person the particular information specified in the certification during the time period to which the certification applies, which may be not longer than 1 year.‘(II) at 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; or CommentsClose 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; or CommentsClose 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





‘(IIIV) 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) EXTENSION- 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 in a Bureau field office, may extend a nondisclosure requirement for additional periods of not longer than 1 year if, at the time of each extension, a new certification is made under clause (i)(II) and notice is provided to the recipient of the applicable request that the nondisclosure requirement has been extended and the recipient has the right to judicial review of the nondisclosure requirement.‘(iv) 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 and any extension thereof. CommentsClose CommentsPermalink





‘(II) TIMING-‘(aa) IN GENERAL- A request under subparagraph (A) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipientNOTIFICATION- A request under subparagraph (A) shall notify the Government not later than 21 days after the date of receipt of the request.‘(bb) EXTENSION- A notice that the applicable nondisclosure requirement has been extended under clause (iii) shall state that if the recipient wishes to have a court review thea nondisclosure requirement, the recipient shall notify the Government not later than 21 days after the date of receipt of the 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 insection 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 prior to the applicable time period of the nondisclosure requirement, 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 (43) 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 the particular information specified in the certification during the time period to which the certification applies, which may be not longer than 1 year.‘(B) at 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; or CommentsClose 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; or CommentsClose 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





‘(CD) 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) EXTENSION- The head of an authorized investigative agency described in subsection (a), or a designee, may extend a nondisclosure requirement for additional periods of not longer than 1 year if, at the time of each extension, a new certification is made under paragraph (1)(B) and notice is provided to the recipient of the applicable request that the nondisclosure requirement has been extended and the recipient has the right to judicial review of the nondisclosure requirement.‘(4) 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 and any extension thereof. CommentsClose CommentsPermalink





‘(B) TIMING-‘(i) IN GENERAL- A request under subsection (a) shall state that if the recipient wishes to have a court review a nondisclosure requirement, the recipientNOTIFICATION- A request under subsection (a) shall notify the Government not later than 21 days after the date of receipt of the request.‘(ii) EXTENSION- A notice that the applicable nondisclosure requirement has been extended under paragraph (3) shall state that if the recipient wishes to have a court review thea nondisclosure requirement, the recipient shall notify the Government not later than 21 days after the date of receipt of the 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 insection 3511 of title 18, United States Code.‘(5) , 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 prior to the applicable time period of the nondisclosure requirement, 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. 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) by striking ‘a production order’ and inserting ‘a production order or nondisclosure order’; and CommentsClose CommentsPermalink





(ii) by striking ‘Not less than 1 year’ and all that follows; and CommentsClose CommentsPermalink





(B) in clause (ii), by striking ‘production order or nondisclosure’; and CommentsClose CommentsPermalink





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





(A) by striking clause (ii); and CommentsClose 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, the recipient shall or order, the recipient shall notify the Government not later than 21 days after the date of receipt of the request or of notice that an applicable nondisclosure requirement has been extended. CommentsClose CommentsPermalink





‘(B) APPLICATION- Not later than 2130 days after the date of receipt of a notification under subparagraph (A), the Government shall apply for an order prohibiting the disclosure of particular information about 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 mayshall, subject to paragraph (3), issue a nondisclosure order for a period of not longer than 1 year, unless the facts justify a longer period of nondisclosure.‘(D) DENIAL- If a district court of the United States rejects an application for a nondisclosure order or extension thereof, the nondisclosure requirement shall no longer be in effectthat 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) a statement of th 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





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





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





‘(iiiC) interference with diplomatic relations; or CommentsClose CommentsPermalink





‘(ivD) danger to the life or physical safety of any person; and‘(B) the time period during which the Government believes the nondisclosure requirement should apply. CommentsClose CommentsPermalink





‘(3) STANDARD- A district court of the United States mayshall 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; or CommentsClose CommentsPermalink





‘(D) danger to the life or physical safety of any person.‘(4) RENEWAL- A nondisclosure order under this subsection may be renewed for additional periods of not longer than 1 year, unless the facts of the case justify a longer period of nondisclosure, upon submission of an application meeting the requirements of paragraph (2), and a determination by the court that the circumstances described in paragraph (3) continue to exist.’. CommentsClose CommentsPermalink





(c) Minimization- Section 501(g)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is amended--(1) in paragraph (1),(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 acquired, retained,retained or disseminated.’; and(2) in paragraph (2)(A), by inserting ‘acquisition and’ after ‘to minimize the’. CommentsClose CommentsPermalink

SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL RECORDS.

(a) In General- Section 2709(b)(1)Section 2709 of title 18, United States Code, is amended--(1) by striking ‘certifies in writing’ and inserting ‘provides a written certification by the Director (or a designee)’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; and CommentsClose CommentsPermalink





(2) by inserting ‘that includes a statement ofafter 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’ before ‘that the name, 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) is amended--

(1) in subsection (a), by striking ‘has determined in writing, that such information is sought for’ and inserting ‘provides to the consumer reporting agency a written determination that includes a statement of facts showing that there are reasonable grounds to believe that such information is relevant to’; and

(2) in subsection (b), by striking ‘has determined in writing that such information is sought for’ and inserting ‘provides to the consumer reporting agency, as amended by this Act, is amended-- CommentsClose CommentsPermalink




(1) by redesignating subsections (d) through (m) as subsections (e) through (n), respectively; and CommentsClose 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 determination that includes a statement ofstatement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that such information is relevant tothe 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(ab) of the Fair Credit Reporting Act (15 U.S.C. 1681v(a)) is amended by inserting ‘that includes a statement ofb)) 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’; and CommentsClose 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’ before ‘that such information is necessary for that the information sought is relevant to the authorized investigation described in subsection (a).’. CommentsClose CommentsPermalink





(d) Financial Records- Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended--(1) by striking ‘certifies in writing’ and inserting ‘provides), as amended by this Act, is amended-- CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and CommentsClose 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 certification by the Director (or a designee)’; and(2) by striking ‘that such records are sought for foreign counter intelligence purposes’ and inserting ‘that includes a statement ofstatement, which shall be retained by the Federal Bureau of Investigation, of specific facts showing that there are reasonable grounds to believe that such records are relevant to a foreign counterintelligence investigationthe information sought is relevant to the authorized investigation described in subparagraph (A).’. CommentsClose CommentsPermalink





(e) Requests by Authorized Investigative Agencies- Section 802(a)(3) of the National Security Act of 1947 (50 U.S.C. 436(a)(3)), is amended--

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

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

‘(B) shall include a statement of) 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, based on credible information, that the person is, or may be, disclosing classified information in an unauthorized manner to a foreign power or agent of a foreign power; 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))’; and CommentsClose 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. 8. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

Section 118(c) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended-- CommentsClose CommentsPermalink





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





(A) in the matter preceding subparagraph (A), by striking ‘concerning different United States persons’; and CommentsClose CommentsPermalink





(B) in subparagraph (A), by striking ‘, excluding the number of requests for subscriber information’; CommentsClose CommentsPermalink





(2) by redesignating paragraph (2) as paragraph (3); and CommentsClose CommentsPermalink





(3) by inserting after paragraph (1) the following: CommentsClose CommentsPermalink





‘(2) CONTENT- CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (B), each report required under this subsection shall include the total number of requests described in paragraph (1) requiring disclosure of information concerning-- CommentsClose CommentsPermalink





‘(i) United States persons; CommentsClose CommentsPermalink





‘(ii) persons who are not United States persons; CommentsClose CommentsPermalink





‘(iii) persons who are the subjects of authorized national security investigations; or CommentsClose CommentsPermalink





‘(iv) persons who are not the subjects of authorized national security investigations. CommentsClose CommentsPermalink





‘(B) EXCEPTION- With respect to the number of requests for subscriber information undersection 2709 of title 18, United States Code, a report required under this subsection need not provide information separated into each of the categories described in subparagraph (A).’. CommentsClose CommentsPermalink

SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.

Section 601 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871) is amended-- CommentsClose CommentsPermalink





(1) by redesignating subsections (b) through (e) as subsections (c) through (f), respectively; CommentsClose CommentsPermalink





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





‘(b) Public Report- The Attorney General shall make publicly available the portion of each report under subsection (a) relating to paragraphs (1) and (2) of subsection (a).’; and CommentsClose CommentsPermalink





(3) in subsection (e), as so redesignated, by striking ‘subsection (c)’ and inserting ‘subsection (d)’. CommentsClose CommentsPermalink

SEC. 10. AUDITS.

(a) Tangible Things- 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)-- CommentsClose CommentsPermalink





(A) in paragraph (1), by striking ‘2006’ and inserting ‘20121’; and CommentsClose CommentsPermalink





(B) in paragraph (5)(C), by striking ‘calendar year 2006’ and inserting ‘each of calendar years 2006 through 20121’; CommentsClose CommentsPermalink





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





‘(3) CALENDAR YEARS 2007, 2008, AND 20089- Not later than December 31, 2010June 30, 2011, 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 and 2008, 2008, and 2009. CommentsClose CommentsPermalink





‘(4) CALENDAR YEARS 2009 THROUGH 201210 AND 2011- Not later than December 31, 2011, and every year thereafter through 20132, 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 the previous calendar years 2010 and 2011.’; CommentsClose CommentsPermalink





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





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





(B) in paragraph (2), by striking ‘and (c)(2)’ and inserting ‘(c)(2), (c)(3), or (c)(4)’; and CommentsClose CommentsPermalink





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





(b) National Security Letters- Section 119 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 219) is amended-- CommentsClose CommentsPermalink





(1) in subsection (b)(1), by striking ‘2006’ and inserting ‘20121’; CommentsClose CommentsPermalink





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





‘(3) CALENDAR YEARS 2007, 2008, AND 20089- Not later than December 31, 2010June 30, 2011, 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 and 2008, 2008, and 2009. CommentsClose CommentsPermalink





‘(4) CALENDAR YEARS 2009 THROUGH 201210 AND 2011- Not later than December 31, 2011, and every year thereafter through 20132, 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 the previous calendar years 2010 and 2011.’; CommentsClose CommentsPermalink





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





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





(B) in paragraph (2), by striking ‘or (c)(2)’ and inserting ‘(c)(2), (c)(3), or (c)(4)’; and CommentsClose CommentsPermalink





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





(c) Pen Registers and Trap and Trace Devices- CommentsClose CommentsPermalink





(1) AUDITS- 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, 20121. CommentsClose CommentsPermalink





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





(A) an examination of each instance in which the Attorney General or any other attorney for the Government submitted an application for an order or extension of an order underthe use of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978, including whether the court granted, modified, or denied the application (including for calendar years 2007 through 2011; CommentsClose CommentsPermalink





(B) an examination of the basis for any modification or denial);(B) an examination of each instance in which the Attorney General authorized the installation and use of a pen register or trap and trace device on an emergency basis under section 403 of the Foreign Intelligence Surveillance Act of 1978 es under section 403 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1843); CommentsClose CommentsPermalink





(C) whether the Federal Bureau of Investigation requested that the Department of Justice submit an application for an order or extension of an order under title IV of the Foreign Intelligence Surveillance Act of 1978 and the request was not submitted to the court (including an examination of the basis for not submitting the application);

(D) whether bureaucratic or procedural impediments to the use of pen registers and trap and trace devices under title IV of the Foreign Intelligence Surveillance Act of 1978 prevent the Federal Bureau of Investigation from taking full advantage of the authorities provided under that title;

(E) 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; and CommentsClose CommentsPermalink




(FD) 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 2012and 2011, 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; and CommentsClose 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, 2010June 30, 2011, 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 thorough 2009. CommentsClose CommentsPermalink





(B) CALENDAR YEARS 2010 THROUGH 2012AND 2011- Not later than December 31, 2011, and every year thereafter through 201321, 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 the previous 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) or (B) 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) or (B) 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) or (B) of paragraph (3) and any comments included under paragraph (4)(B) shall be in unclassified form, but may include a classified annex. CommentsClose CommentsPermalink