[Congressional Record: January 26, 2011 (Senate)]
[Page S273-S290]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY:
S. 193. A bill to extend the sunset of certain provisions of the USA
PATRIOT Act, and for other purposes; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, Congress now faces a deadline to take
action on the expiring provisions of the USA PATRIOT Act. The bill I
introduce today, the USA PATRIOT Act Sunset Extension Act of 2011, will
preserve law enforcement techniques that are set to expire on February
28, 2011, and extend them to December 2013. This bill will also promote
transparency and expand privacy and civil liberties safeguards in
current law. It increases judicial oversight of government surveillance
powers that capture information on Americans. This is a package of
reforms that all Americans should support. In fact, a bipartisan group
of Senators on the Judiciary Committee voted in favor of it in the last
Congress.
In the 111th Congress, the Judiciary Committee reported virtually
identical legislation, S. 1692, with bipartisan support, including the
votes of Senators Kyl and Cornyn. Subsequent negotiations produced a
package that was endorsed by the Attorney General and the Director of
National Intelligence. Because Congress did not act on that negotiated
package of reforms, but instead passed an extension of the expiring
authorities until February 28, 2011, I took steps to see that key
portions of the package were implemented administratively by the
Department of Justice.
Even with this progress, enacting the USA PATRIOT Act Sunset
Extension Act of 2011 remains imperative for several reasons. First,
surveillance authorities are set to expire in a matter of weeks. We
should not play politics with national security by delaying debate over
these issues until the 11th hour. I am prepared to extend the sunsets
on the three expiring provisions to December 2013, the same sunset date
I included in S.1692RS, the bill I introduced in the 111th Congress.
Earlier this month, a bill was introduced in the House of
Representatives to extend the expiring provisions only until February
2012, an expiration date chosen deliberately to try to force a debate
over national security in an election year. My bill sets a longer
sunset period, which law enforcement strongly favors.
Second, the Senate should pass the USA PATRIOT Act Sunset Extension
Act of 2011 to codify the steps forward that the Attorney General has
taken by implementing parts of the bill administratively. The reforms
adopted by this Attorney General could be undone by a future Attorney
General with the stroke of a pen. We must ensure that the progress in
accountability and transparency that we achieved last year is not lost
simply because it was never written into the statute.
Third, we must enact the parts of the bill that the Attorney General
did not or could not adopt because they require a change in the
statute. Chief among these is adding a new sunset on National Security
Letters. Second is repealing the presumption in favor of the government
that a judge must honor when he or she reviews an application for a
section 215 order for business records. The government does not need
this presumption. In fact, the Attorney General endorsed the repeal of
the presumption when he expressed his support for the bill in the prior
Congress.
When this bill was considered by the Judiciary Committee in the 111th
Congress, it received a bipartisan vote. Members of the committee
agreed to continue discussions over a handful of provisions to ensure
that the final language promoted transparency, protected civil
liberties, and aided law enforcement. I appreciate the votes of
Senators Kyl and Cornyn in favor of the reported bill. In the weeks
following the 2009 markup, this bipartisan group of Senators worked
closely with me and Senator Feinstein to reach an agreement on language
that each Senator supported, and that the Department of Justice
endorsed. In a letter dated November 9, 2009, the Attorney General
strongly endorsed the bill and stated unequivocally that the bill did
not pose any operational concerns. That support was reaffirmed in a
letter from the Attorney General and the Director of National
Intelligence to Senate and House leadership on February 19, 2010.
The bill I introduce today is virtually identical to the product of
those negotiations. It includes only two noncontroversial updates.
First, the new bill updates the deadlines by which the Department of
Justice must issue public reports. This modification simply reflects
the fact that more than 1 year has passed since the original dates were
written into the bill. Second, the section of the bill that previously
required the Department of Justice to establish minimization procedures
for National Security Letters is redrafted to reflect that fact that
the Department adopted such procedures in October 2010. Otherwise, this
bill is the same in substance as that which was supported by a
bipartisan majority of the Senate Judiciary Committee in 2009.
We must move quickly, in advance of the looming deadline, to pass
this bipartisan package. We can preserve the authorities currently in
place, which give law enforcement the tools it needs to protect
national security. And we can ensure that inspectors general, the
[[Page S275]]
Congress, and the public maintain vigilant oversight of the government,
making sure these authorities are used properly and within
Constitutional bounds. I urge all Senators to support the USA PATRIOT
Act Sunset Extension Act of 2011.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 193
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``USA PATRIOT Act Sunset
Extension Act of 2011''.
SEC. 2. SUNSETS.
(a) Sections 206 and 215 Sunset.--
(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 ``February, 28, 2011'' and
inserting `` December 31, 2013''.
(2) Conforming amendments.--
(A) In general.--The Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of
this Act, is amended--
(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:
``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE
PURPOSES
``Sec. 501. Definitions.
``Sec. 502. Access to certain business records for foreign intelligence
and international terrorism investigations.'';
(ii) in title V (50 U.S.C. 1861 et seq.)--
(I) in the title heading, by striking ``AND OTHER TANGIBLE
THINGS''; and
(II) by striking section 503; and
(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);''.
(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:
`` `(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);'.''.
(C) Effective date.--The amendments made by this paragraph
shall take effect on December 31, 2013.
(b) Individual Terrorists as Agents of Foreign Powers.--
(1) Extension of sunset.--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:
``(b) Sunset.--
``(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.
``(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.''.
(2) Conforming amendment.--
(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);''.
(B) Effective date.--The amendment made by subparagraph (A)
shall take effect on December 31, 2013.
(c) National Security Letters.--
(1) Repeal.--Effective on December 31, 2013--
(A) section 2709 of title 18, United States Code, is
amended to read as such provision read on October 25, 2001;
(B) section 1114(a)(5) of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3414(a)(5)) is amended to read as such
provision read on October 25, 2001;
(C) subsections (a) and (b) of section 626 of the Fair
Credit Reporting Act (15 U.S.C. 1681u) are amended to read as
subsections (a) and (b), respectively, of the second of the 2
sections designated as section 624 of such Act (15 U.S.C.
1681u) (relating to disclosure to the Federal Bureau of
Investigation for counterintelligence purposes), as added by
section 601 of the Intelligence Authorization Act for Fiscal
Year 1996 (Public Law 104-93; 109 Stat. 974), read on October
25, 2001;
(D) section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) is repealed; and
(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.
(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.
(3) Technical and conforming amendments.--Effective
December 31, 2013--
(A) section 3511 of title 18, United States Code, is
amended--
(i) in subsections (a), (c), and (d), by striking ``or
627(a)'' each place it appears; and
(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. 1681u and 1681v)'' and inserting
``section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u)'';
(B) section 118(c) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (18 U.S.C. 3511 note) is
amended--
(i) in subparagraph (C), by adding ``and'' at the end;
(ii) in subparagraph (D), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (E); and
(C) the table of sections for the Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended by striking the item
relating to section 627.
SEC. 3. 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--
(1) in the section heading, by inserting ``AND OTHER
TANGIBLE THINGS'' after ``CERTAIN BUSINESS RECORDS'';
(2) in subsection (b)(2)--
(A) in subparagraph (A)--
(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
(ii) by striking ``clandestine intelligence activities,''
and all that follows and inserting ``clandestine intelligence
activities;''; and
(B) by striking subparagraph (B) and inserting the
following:
``(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 sought--
``(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
``(ii)(I) pertain to a foreign power or an agent of a
foreign power;
``(II) are relevant to the activities of a suspected agent
of a foreign power who is the subject of such authorized
investigation; or
``(III) pertain to an individual in contact with, or known
to, a suspected agent of a foreign power; and
``(C) a statement of proposed minimization procedures.'';
and
(3) in subsection (c)(1)--
(A) by inserting ``and that the proposed minimization
procedures meet the definition of minimization procedures
under subsection (g)'' after ``subsections (a) and (b)'';
(B) by inserting ``, and directing that the minimization
procedures be followed'' after ``release of tangible
things''; and
(C) by striking the second sentence.
(b) Transition Procedures.--Notwithstanding the amendments
made by this Act, an order entered under section 501(c)(1) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(c)(1)) that is in effect on the effective date of the
amendments made by this section shall remain in effect until
the expiration of the order.
(c) Technical and Conforming Amendments.--
(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:
``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.''.
(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 inserting ``AND OTHER TANGIBLE
THINGS'' after ``CERTAIN BUSINESS RECORDS''.
(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--
(A) by striking the items relating to title V and section
501 and inserting the following:
[[Page S276]]
``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
(B) by inserting after the item relating to section 502 the
following:
``Sec. 503. Definitions.''.
SEC. 4. 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--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)--
(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
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(3) a statement of whether minimization procedures are
being proposed and, if so, a statement of the proposed
minimization procedures.''.
(b) Minimization.--
(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:
``(4) The term `minimization procedures' means--
``(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;
``(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information
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
``(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.''.
(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--
(A) in subsection (d)(1), by striking ``the judge finds''
and all that follows and inserting the following: ``the judge
finds--
``(A) that the application satisfies the requirements of
this section; and
``(B) that, if there are exceptional circumstances
justifying the use of minimization procedures in a particular
case, the proposed minimization procedures meet the
definition of minimization procedures under this title.'';
and
(B) by adding at the end the following:
``(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.''.
(3) Emergencies.--Section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following:
``(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.''.
(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 striking ``provisions of this section'' and
inserting ``minimization procedures required under this
title''.
(c) Transition Procedures.--
(1) Orders in effect.--Notwithstanding the amendments made
by this Act, an order entered under section 402(d)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842(d)(1)) that is in effect on the effective date of the
amendments made by this section shall remain in effect until
the expiration of the order.
(2) Extensions.--A request for an extension of an order
referred to in paragraph (1) shall be subject to the
requirements of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), as amended by this Act.
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:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(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.
``(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--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(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--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(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.
``(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.
``(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.
``(3) Right to judicial review.--
``(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.
``(B) Notification.--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.
``(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).
``(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.''.
(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:
``(d) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(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).
``(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--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
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``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(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--
``(i) those persons to whom disclosure is necessary in
order to comply with the request or order;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request or order; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(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.
``(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.
``(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.
``(3) Right to judicial review.--
``(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.
``(B) Notification.--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.
``(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).
``(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.''.
(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:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(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).
``(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--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(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--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(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.
``(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.
``(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.
``(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.
``(3) Right to judicial review.--
``(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.
``(B) Notification.--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.
``(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).
``(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.''.
(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:
``(D) Prohibition of Certain Disclosure.--
``(i) Prohibition.--
``(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).
``(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--
``(aa) a danger to the national security of the United
States;
``(bb) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(cc) interference with diplomatic relations; or
``(dd) danger to the life or physical safety of any person.
``(ii) Exception.--
``(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--
``(aa) those persons to whom disclosure is necessary in
order to comply with the request;
``(bb) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(cc) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(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.
``(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.
``(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.
``(iii) Right to judicial review.--
``(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.
[[Page S278]]
``(II) Notification.--A request under subparagraph (A)
shall state that if the recipient wishes to have a court
review a nondisclosure requirement, the recipient shall
notify the Government.
``(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).
``(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.''.
(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:
``(b) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(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).
``(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--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(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--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the head of the
authorized investigative agency described in subsection (a).
``(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.
``(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.
``(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.
``(3) Right to judicial review.--
``(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.
``(B) Notification.--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.
``(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).
``(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.''.
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--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by striking ``a production order'' and inserting ``a
production order or nondisclosure order''; and
(ii) by striking ``Not less than 1 year'' and all that
follows; and
(B) in clause (ii), by striking ``production order or
nondisclosure''; and
(2) in subparagraph (C)--
(A) by striking clause (ii); and
(B) by redesignating clause (iii) as clause (ii).
(b) Judicial Review of National Security Letters.--Section
3511(b) of title 18, United States Code, is amended to read
as follows:
``(b) Nondisclosure.--
``(1) In general.--
``(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.
``(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 the
judicial district in which the recipient of the order is
doing business or in the district court of the United States
for any judicial 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.
``(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.
``(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--
``(A) a danger to the national security of the United
States;
``(B) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any person.
``(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--
``(A) a danger to the national security of the United
States;
``(B) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.''.
(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.''.
SEC. 7. 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--
(1) by striking subsection (e);
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(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
[[Page S279]]
are reasonable grounds to believe that the information sought
is relevant to the authorized investigation described in
subsection (b).''.
(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--
(1) by striking subsection (h);
(2) by redesignating subsections (d), (e), (f), and (g) as
subsections (e), (f), (g), and (h), respectively; and
(3) by inserting after subsection (c) the following:
``(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.''.
(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--
(1) in the subsection heading, by striking ``Form of
Certification'' and inserting ``Certification'';
(2) by striking ``The certification'' and inserting the
following:
``(1) Form of certification.--The certification''; and
(3) by adding at the end the following:
``(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).''.
(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--
(1) by striking subparagraph (C);
(2) by redesignating subparagraph (B) as subparagraph (C);
and
(3) by inserting after subparagraph (A) the following:
``(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).''.
(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:
``(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).''.
(f) Technical and Conforming Amendments.--
(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)(D)(i) of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)(3)(A) and 3414(a)(5)(D)(i)),''.
(2) Semiannual reports.--Section 507(b) of the National
Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
(A) by striking paragraphs (4) and (5); and
(B) by redesignating paragraph (6) as paragraph (4).
SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.
(a) In General.--Section 118(c) of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511
note) is amended to read as follows:
``(c) Reports on Requests for National Security Letters.--
``(1) Definitions.--In this subsection--
``(A) the term `applicable period' means--
``(i) with respect to the first report submitted under
paragraph (2) or (3), the period beginning 180 days after the
date of enactment of the USA PATRIOT Act Sunset Extension Act
of 2011 and ending on December 31, 2011; and
``(ii) with respect to the second report submitted under
paragraph (2) or (3), and each report thereafter, the 6-month
period ending on the last day of the second month before the
date for submission of the report; and
``(B) the term `United States person' has the meaning given
that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
``(2) Classified form.--
``(A) In general.--Not later than February 1, 2012, and
every 6 months thereafter, the Attorney General shall submit
to the Select Committee on Intelligence, the Committee on the
Judiciary, and the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Financial Services of the House of
Representatives a report fully informing the committees
concerning the requests made under section 2709(a) of title
18, United States Code, section 1114(a)(5)(A) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)),
section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u), section 627 of the Fair Credit Reporting Act (15
U.S.C. 1681v), or section 802 of the National Security Act of
1947 (50 U.S.C. 436) during the applicable period.
``(B) Contents.--Each report under subparagraph (A) shall
include, for each provision of law described in subparagraph
(A)--
``(i) the number of authorized requests under the
provision, including requests for subscriber information; and
``(ii) the number of authorized requests under the
provision--
``(I) that relate to a United States person;
``(II) that relate to a person that is not a United States
person;
``(III) that relate to a person that is--
``(aa) the subject of an authorized national security
investigation; or
``(bb) an individual who has been in contact with or
otherwise directly linked to the subject of an authorized
national security investigation; and
``(IV) that relate to a person that is not known to be the
subject of an authorized national security investigation or
to have been in contact with or otherwise directly linked to
the subject of an authorized national security investigation.
``(3) Unclassified form.--
``(A) In general.--Not later than February 1, 2012, and
every 6 months thereafter, the Attorney General shall submit
to the Select Committee on Intelligence, the Committee on the
Judiciary, and the Committee on Banking, Housing, and Urban
Affairs of the Senate and the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, and the
Committee on Financial Services of the House of
Representatives a report fully informing the committees
concerning the aggregate total of all requests identified
under paragraph (2) during the applicable period ending on
the last day of the second month before the date for
submission of the report. Each report under this subparagraph
shall be in unclassified form.
``(B) Contents.--Each report under subparagraph (A) shall
include the aggregate total of requests--
``(i) that relate to a United States person;
``(ii) that relate to a person that is not a United States
person;
``(iii) that relate to a person that is--
``(I) the subject of an authorized national security
investigation; or
``(II) an individual who has been in contact with or
otherwise directly linked to the subject of an authorized
national security investigation; and
``(iv) that relate to a person that is not known to be the
subject of an authorized national security investigation or
to have been in contact with or otherwise directly linked to
the subject of an authorized national security
investigation.''.
(b) Technical and Conforming Amendment.--Section 627 of the
Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by
striking subsection (f).
SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) In General.--Title VI of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1871) is amended by
adding at the end the following:
``SEC. 602. ANNUAL UNCLASSIFIED REPORT.
``Not later than June 30, 2012, and every year thereafter,
the Attorney General, in consultation with the Director of
National Intelligence, and with due regard for the protection
of classified information from unauthorized disclosure, 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 an unclassified
report summarizing how the authorities under this Act are
used, including the impact of the use of the authorities
under this Act on the privacy of United States persons (as
defined in section 101).''.
(b) Technical and Conforming Amendment.--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
by inserting after the item relating to section 601 the
following:
``Sec. 602. Annual unclassified report.''.
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--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``2006'' and inserting
``2011'';
(B) by striking paragraphs (2) and (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (3), as so redesignated--
[[Page S280]]
(i) by striking subparagraph (C) and inserting the
following:
``(C) with respect to calendar years 2007 through 2011, an
examination of the minimization procedures used in relation
to orders under section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) and whether the
minimization procedures protect the constitutional rights of
United States persons.''; and
(ii) in subparagraph (D), by striking ``(as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)))'';
(2) in subsection (c), by adding at the end the following:
``(3) Calendar years 2007, 2008, and 2009.--Not later than
September 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
subsection (a) for calendar years 2007, 2008, and 2009.
``(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
subsection (a) for calendar years 2010 and 2011.'';
(3) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(4) by inserting after subsection (c) the following:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2007 and ending on December 31, 2011, the Inspector General
of each element of the intelligence community outside of the
Department of Justice that used information acquired under
title V of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1861 et seq.) in the intelligence activities of
the element of the intelligence community shall--
``(A) assess the importance of the information to the
intelligence activities of the element of the intelligence
community;
``(B) examine the manner in which that information was
collected, retained, analyzed, and disseminated by the
element of the intelligence community;
``(C) describe any noteworthy facts or circumstances
relating to orders under title V of the Foreign Intelligence
Surveillance Act of 1978 as the orders relate to the element
of the intelligence community; and
``(D) examine any minimization procedures used by the
element of the intelligence community under title V of the
Foreign Intelligence Surveillance Act of 1978 and whether the
minimization procedures protect the constitutional rights of
United States persons.
``(2) Submission dates for assessment.--
``(A) Calendar years 2007 through 2009.--Not later than
September 30, 2011, the Inspector General of each element of
the intelligence community that conducts an assessment under
this subsection 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
Representative a report containing the results of the
assessment for calendar years 2007 through 2009.
``(B) Calendar years 2010 and 2011.--Not later than
December 31, 2012, the Inspector General of each element of
the intelligence community that conducts an assessment under
this subsection 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
assessment for calendar years 2010 and 2011.'';
(5) in subsection (e), as redesignated by paragraph (3)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection (c)(1) or
(c)(2)'' and inserting ``any report under subsection (c) or
(d)''; and
(ii) by inserting ``and any Inspector General of an element
of the intelligence community that submits a report under
this section'' after ``Justice''; and
(B) in paragraph (2), by striking ``the reports submitted
under subsection (c)(1) and (c)(2)'' and inserting ``any
report submitted under subsection (c) or (d)'';
(6) in subsection (f) as redesignated by paragraph (3)--
(A) by striking ``The reports submitted under subsections
(c)(1) and (c)(2)'' and inserting ``Each report submitted
under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''; and
(7) by adding at the end the following:
``(g) Definitions.--In this section--
``(1) the term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 401a); and
``(2) the term `United States person' has the meaning given
that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).''.
(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--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``2006'' and inserting
``2011''; and
(B) in paragraph (3)(C), by striking ``(as such term is
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)))'';
(2) in subsection (c), by adding at the end the following:
``(3) Calendar years 2007, 2008, and 2009.--Not later than
September 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
subsection (a) for calendar years 2007, 2008, and 2009.
``(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
subsection (a) for calendar years 2010 and 2011.'';
(3) by striking subsection (g) and inserting the following:
``(h) Definitions.--In this section--
``(1) the term `intelligence community' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 401a);
``(2) the term `national security letter' means a request
for information under--
``(A) section 2709(a) of title 18, United States Code (to
access certain communication service provider records);
``(B) section 1114(a)(5)(A) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain
financial institution customer records);
``(C) section 802 of the National Security Act of 1947 (50
U.S.C. 436) (to obtain financial information, records, and
consumer reports);
``(D) section 626 of the Fair Credit Reporting Act (15
U.S.C. 1681u) (to obtain certain financial information and
consumer reports); or
``(E) section 627 of the Fair Credit Reporting Act (15
U.S.C. 1681v) (to obtain credit agency consumer records for
counterterrorism investigations); and
``(3) the term `United States person' has the meaning given
that term in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).'';
(4) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(5) by inserting after subsection (c) the following:
``(d) Intelligence Assessment.--
``(1) In general.--For the period beginning on January 1,
2007 and ending on December 31, 2011, the Inspector General
of each element of the intelligence community outside of the
Department of Justice that issued national security letters
in the intelligence activities of the element of the
intelligence community shall--
``(A) examine the use of national security letters by the
element of the intelligence community during the period;
``(B) describe any noteworthy facts or circumstances
relating to the use of national security letters by the
element of the intelligence community, including any improper
or illegal use of such authority;
``(C) assess the importance of information received under
the national security letters to the intelligence activities
of the element of the intelligence community; and
``(D) examine the manner in which information received
under the national security letters was collected, retained,
analyzed, and disseminated.
``(2) Submission dates for assessment.--
``(A) Calendar years 2007 through 2009.--Not later than
September 30, 2011, the Inspector General of each element of
the intelligence community that conducts an assessment under
this subsection 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
assessment for calendar years 2007 through 2009.
``(B) Calendar years 2010 and 2011.--Not later than
December 31, 2012, the Inspector General of any element of
the intelligence community that conducts an assessment under
this subsection 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
assessment for calendar years 2010 and 2011.'';
(6) in subsection (e), as redesignated by paragraph (4)--
(A) in paragraph (1)--
(i) by striking ``a report under subsection (c)(1) or
(c)(2)'' and inserting ``any report under subsection (c) or
(d)''; and
(ii) by inserting ``and any Inspector General of an element
of the intelligence community that submits a report under
this section'' after ``Justice''; and
(B) in paragraph (2), by striking ``the reports submitted
under subsection (c)(1) or (c)(2)'' and inserting ``any
report submitted under subsection (c) or (d)''; and
[[Page S281]]
(7) in subsection (f), as redesignated by paragraph (4)--
(A) by striking ``The reports submitted under subsections
(c)(1) or (c)(2)'' and inserting ``Each report submitted
under subsection (c)''; and
(B) by striking ``subsection (d)(2)'' and inserting
``subsection (e)(2)''.
(c) Pen Registers and Trap and Trace Devices.--
(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, 2011.
(2) Requirements.--The audits required under paragraph (1)
shall include--
(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
2011;
(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);
(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; and
(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--
(i) the importance of the information acquired to the
intelligence activities of the Federal Bureau of
Investigation;
(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;
(iii) with respect to calendar years 2010 and 2011, an
examination of the minimization procedures of the Federal
Bureau of Investigation 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;
(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, or to another department, agency, or
instrumentality of Federal, State, local, or tribal
governments; and
(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.
(3) Submission dates.--
(A) Calendar years 2007 through 2009.--Not later than
September 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 audits conducted under
paragraph (1) for calendar years 2007 through 2009.
(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 audits conducted under
paragraph (1) for calendar years 2010 and 2011.
(4) Intelligence assessment.--
(A) In general.--For the period beginning January 1, 2007
and ending on December 31, 2011, the Inspector General of any
element of the intelligence community outside of the
Department of Justice that used information acquired under a
pen register or trap and trace device under title IV of the
Foreign Intelligence Surveillance Act of 1978 in the
intelligence activities of the element of the intelligence
community shall--
(i) assess the importance of the information to the
intelligence activities of the element of the intelligence
community;
(ii) examine the manner in which the information was
collected, retained, analyzed, and disseminated;
(iii) describe any noteworthy facts or circumstances
relating to orders under title IV of the Foreign Intelligence
Surveillance Act of 1978 as the orders relate to the element
of the intelligence community; and
(iv) examine any minimization procedures used by the
element of the intelligence community 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.
(B) Submission dates for assessment.--
(i) Calendar years 2007 through 2009.--Not later than
September 30, 2011, the Inspector General of each element of
the intelligence community that conducts an assessment under
this paragraph 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 Representative a
report containing the results of the assessment for calendar
years 2007 through 2009.
(ii) Calendar years 2010 and 2011.--Not later than December
31, 2012, the Inspector General of each element of the
intelligence community that conducts an assessment under this
paragraph 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 Representative a report
containing the results of the assessment for calendar years
2010 and 2011.
(5) Prior notice to attorney general and director of
national intelligence; comments.--
(A) Notice.--Not later than 30 days before the submission
of any report paragraph (3) or (4), the Inspector General of
the Department of Justice and any Inspector General of an
element of the intelligence community that submits a report
under this subsection shall provide the report to the
Attorney General and the Director of National Intelligence.
(B) Comments.--The Attorney General or the Director of
National Intelligence may provide such comments to be
included in any report submitted under paragraph (3) or (4)
as the Attorney General or the Director of National
Intelligence may consider necessary.
(6) Unclassified form.--Each report submitted under
paragraph (3) and any comments included in that report under
paragraph (5)(B) shall be in unclassified form, but may
include a classified annex.
(d) Definitions.--In this section--
(1) the terms ``foreign intelligence information'' and
``United States person'' have the meanings given those terms
in section 101 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1801); and
(2) the term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 401a).
SEC. 11. DELAYED NOTICE SEARCH WARRANTS.
Section 3103a(b)(3) of title 18, United States Code, is
amended by striking ``30 days'' and inserting ``7 days''.
SEC. 12. PROCEDURES.
(a) In General.--The Attorney General shall periodically
review, and revise as necessary, the procedures adopted by
the Attorney General on October 1, 2010 for the collection,
use, and storage of information obtained in response to a
national security letter 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)), 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).
(b) Considerations.--In reviewing and revising the
procedures described in subsection (a), the Attorney General
shall give due consideration to the privacy interests of
individuals and the need to protect national security.
(c) Revisions to Procedures and Oversight.--If the Attorney
General makes any significant changes to the procedures
described in subsection (a), the Attorney General shall
notify and submit a copy of the changes 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.
SEC. 13. SEVERABILITY.
If any provision of this Act or an amendment made by this
Act, or the application of the provision to any person or
circumstance, is held to be unconstitutional, the remainder
of this Act and the amendments made by this Act, and the
application of the provisions of this Act and the amendments
made by this Act to any other person or circumstance, shall
not be affected thereby.
SEC. 14. OFFSET.
Of the unobligated balances available in the Department of
Justice Assets Forfeiture Fund established under section
524(c)(1) of title 28, United States Code, $5,000,000 are
permanently rescinded and shall be returned to the general
fund of the Treasury.
SEC. 15. EFFECTIVE DATE.
The amendments made by sections 3, 4, 5, 6, 7, and 11 shall
take effect on the date that is 120 days after the date of
enactment of this Act.
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