II 

Calendar No. 18 

112TH CONGRESS 

1ST SESSION S. 193 

To extend the sunset of certain provisions of the USA PATRIOT Act, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2011 

Mr. LEAHY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

MARCH 17, 2011 

Reported by Mr. LEAHY, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To extend the sunset of certain provisions of the USA 

PATRIOT Act, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘USA PATRIOT Act 

5 Sunset Extension Act of 2011’’. 

6 SEC. 2. SUNSETS. 

7 (a) SECTIONS 206 AND 215 SUNSET.— 


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1 (1) IN GENERAL.—Section 102(b)(1) of the 

2 USA PATRIOT Improvement and Reauthorization 

3 Act of 2005 (Public Law 109–177; 50 U.S.C. 1805 

4 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 

5 note) is amended by striking ‘‘February, 28, 2011 

6 May 27, 2011’’ and inserting ‘‘ December 31, 2013’’. 

7 (2) CONFORMING AMENDMENTS.— 

8 (A) IN GENERAL.—The Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 

10 1801 et seq.), as amended by section 3 of this 

11 Act, is amended— 

12 (i) in the table of contents in the first 

13 section, by striking the items relating to 

14 title V and sections 501, 502, and 503 and 

15 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.’’; 

16 (ii) in title V (50 U.S.C. 1861 et 

17 seq.)— 

18 (I) in the title heading, by strik19 ing ‘‘AND OTHER TANGIBLE 

20 THINGS’’; and 

21 (II) by striking section 503; and 


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1 (iii) in section 601(a)(1)(D) (50 

2 U.S.C. 1871(a)(1)(D)), by striking ‘‘sec3 tion 501;’’ and inserting ‘‘section 502 or 

4 under section 501 pursuant to section 

5 102(b)(2) of the USA PATRIOT Improve6 ment and Reauthorization Act of 2005 

7 (Public Law 109–177; 50 U.S.C. 1861 

8 note);’’. 

9 (B) APPLICATION UNDER SECTION 404 OF

10 THE FISA AMENDMENTS ACT OF 2008.—Section 

11 404(b)(4)(A) of the FISA Amendments Act of 

12 2008 (Public Law 110–261; 122 Stat. 2477) is 

13 amended by striking the period at the end and 

14 inserting ‘‘, except that paragraph (1)(D) of 

15 such section 601(a) shall be applied as if it read 

16 as follows: 

17 ‘‘ ‘(D) access to records under section 502 

18 or under section 501 pursuant to section 

19 102(b)(2) of the USA PATRIOT Improvement 

20 and Reauthorization Act of 2005 (Public Law 

21 109–177; 50 U.S.C. 1861 note);’. 

22 (C) EFFECTIVE DATE.—The amendments 

23 made by this paragraph shall take effect on De24 cember 31, 2013. 


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1 (b) INDIVIDUAL TERRORISTS AS AGENTS OF FOR2 EIGN POWERS.— 

3 (1) EXTENSION OF SUNSET.—Section 6001(b) 

4 of the Intelligence Reform and Terrorism Prevention 

5 Act of 2004 (Public Law 108–458; 50 U.S.C. 1801 

6 note) is amended to read as follows: 

7 ‘‘(b) SUNSET.— 

8 ‘‘(1) REPEAL.—Subparagraph (C) of section 

9 101(b)(1) of the Foreign Intelligence Surveillance 

10 Act of 1978 (50 U.S.C. 1801(b)(1)), as added by 

11 subsection (a), is repealed effective December 31, 

12 2013. 

13 ‘‘(2) TRANSITION PROVISION.—Notwithstanding 

14 paragraph (1), subparagraph (C) of section 

15 101(b)(1) of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1801(b)(1)) shall continue 

17 to apply on and after December 31, 2013, with re18 spect to any particular foreign intelligence investiga19 tion or with respect to any particular offense or po20 tential offense that began or occurred before Decem21 ber 31, 2013.’’. 

22 (2) CONFORMING AMENDMENT.— 

23 (A) IN GENERAL.—Section 601(a)(2) of 

24 the Foreign Intelligence Surveillance Act of 

25 1978 (50 U.S.C. 1871(a)(2)) is amended by 


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1 striking the semicolon at the end and inserting 

2 ‘‘pursuant to subsection (b)(2) of section 6001 

3 of the Intelligence Reform and Terrorism Pre4 vention Act of 2004 (Public Law 108–458; 50 

5 U.S.C. 1801 note);’’. 

6 (B) EFFECTIVE DATE.—The amendment 

7 made by subparagraph (A) shall take effect on 

8 December 31, 2013. 

9 (c) NATIONAL SECURITY LETTERS.— 

10 (1) REPEAL.—Effective on December 31, 

11 2013— 

12 (A) section 2709 of title 18, United States 

13 Code, is amended to read as such provision 

14 read on October 25, 2001; 

15 (B) section 1114(a)(5) of the Right to Fi16 nancial Privacy Act of 1978 (12 U.S.C. 

17 3414(a)(5)) is amended to read as such provi18 sion read on October 25, 2001; 

19 (C) subsections (a) and (b) of section 626 

20 of the Fair Credit Reporting Act (15 U.S.C. 

21 1681u) are amended to read as subsections (a) 

22 and (b), respectively, of the second of the 2 sec23 tions designated as section 624 of such Act (15 

24 U.S.C. 1681u) (relating to disclosure to the 

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1 intelligence purposes), as added by section 601 

2 of the Intelligence Authorization Act for Fiscal 

3 Year 1996 (Public Law 104–93; 109 Stat. 

4 974), read on October 25, 2001; 

5 (D) section 627 of the Fair Credit Report6 ing Act (15 U.S.C. 1681v) is repealed; and 

7 (E) section 802 of the National Security 

8 Act of 1947 (50 U.S.C. 436) is amended to 

9 read as such provision read on October 25, 

10 2001. 

11 (2) TRANSITION PROVISION.—Notwithstanding 

12 paragraph (1), the provisions of law referred to in 

13 paragraph (1), as in effect on December 30, 2013, 

14 shall continue to apply on and after December 31, 

15 2013, with respect to any particular foreign intel16 ligence investigation or with respect to any par17 ticular offense or potential offense that began or oc18 curred before December 31, 2013. 

19 (3) TECHNICAL AND CONFORMING AMEND20 MENTS.—Effective December 31, 2013— 

21 (A) section 3511 of title 18, United States 

22 Code, is amended— 

23 (i) in subsections (a), (c), and (d), by 

24 striking ‘‘or 627(a)’’ each place it appears; 

25 and 


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1 (ii) in subsection (b)(1)(A), as amend2 ed by section 6(b) of this Act, by striking 

3 ‘‘section 626 or 627 of the Fair Credit Re4 porting Act (15 U.S.C. 1681u and 1681v)’’ 

5 and inserting ‘‘section 626 of the Fair 

6 Credit Reporting Act (15 U.S.C. 1681u)’’; 

7 (B) section 118(c) of the USA PATRIOT 

8 Improvement and Reauthorization Act of 2005 

9 (18 U.S.C. 3511 note) is amended— 

10 (i) in subparagraph (C), by adding 

11 ‘‘and’’ at the end; 

12 (ii) in subparagraph (D), by striking 

13 ‘‘; and’’ and inserting a period; and 

14 (iii) by striking subparagraph (E); 

15 and 

16 (C) the table of sections for the Fair Cred17 it Reporting Act (15 U.S.C. 1681 et seq.) is 

18 amended by striking the item relating to section 

19 627. 

20 (d) FISA AMENDMENTS ACT OF 2008.— 

21 (1) EXTENSION.—Section 403(b)(1) of the FISA 

22 Amendments Act of 2008 (Public Law 110–261; 50 

23 U.S.C. 1881 note) is amended by striking ‘‘December 

24 31, 2012’’ and inserting ‘‘December 31, 2013’’. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—Section 403(b)(2) of such Act (Public Law 

3 110–261; 122 Stat. 2474) is amended by striking 

4 ‘‘December 31, 2012’’ and inserting ‘‘December 31, 

5 2013’’. 

6 (3) ORDERS IN EFFECT.—Section 404(b)(1) of 

7 such Act (Public Law 110–261; 50 U.S.C. 1801 note) 

8 is amended in the heading by striking ‘‘DECEMBER

9 31, 2012’’ and inserting ‘‘DECEMBER 31, 2013’’. 

10 SEC. 3. ORDERS FOR ACCESS TO CERTAIN BUSINESS 

11 RECORDS AND TANGIBLE THINGS. 

12 (a) IN GENERAL.—Section 501 of the Foreign Intel13 ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

14 amended— 

15 (1) in the section heading, by inserting ‘‘AND

16 OTHER TANGIBLE THINGS’’ after ‘‘CERTAIN

17 BUSINESS RECORDS’’; 

18 (2) in subsection (b)(2)— 

19 (A) in subparagraph (A)— 

20 (i) by striking ‘‘a statement of facts 

21 showing’’ and inserting ‘‘a statement of 

22 the facts and circumstances relied upon by 

23 the applicant to justify the belief of the ap24 plicant’’; and 


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1 (ii) by striking ‘‘clandestine intel2 ligence activities,’’ and all that follows and 

3 inserting ‘‘clandestine intelligence activi4 ties;’’; and 

5 (B) by striking subparagraph (B) and in6 serting the following: 

7 ‘‘(B) if the records sought are the circula8 tion records or patron lists of a library (as de9 fined in section 213(1) of the Library Services 

10 and Technology Act (20 U.S.C. 9122(1)), a 

11 statement of facts showing that there are rea12 sonable grounds to believe that the records 

13 sought— 

14 ‘‘(B) if the records sought contain bookseller 

15 records, or are from a library and contain per16 sonally identifiable information about a patron 

17 of the library, a statement of facts showing that 

18 there are reasonable grounds to believe that the 

19 records sought— 

20 ‘‘(i) are relevant to an authorized in21 vestigation (other than a threat assess22 ment) conducted in accordance with sub23 section (a)(2) to obtain foreign intelligence 

24 information not concerning a United 

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1 national terrorism or clandestine intel2 ligence activities; and 

3 ‘‘(ii)(I) pertain to a foreign power or an 

4 agent of a foreign power; 

5 ‘‘(II) are relevant to the activities of 

6 a suspected agent of a foreign power who 

7 is the subject of such authorized investiga8 tion; or 

9 ‘‘(III) pertain to an individual in con10 tact with, or known to, a suspected agent 

11 of a foreign power; and 

12 ‘‘(C) a statement of proposed minimization 

13 procedures.’’; and 

14 (3) in subsection (c)(1)— 

15 (A) by inserting ‘‘and that the proposed 

16 minimization procedures meet the definition of 

17 minimization procedures under subsection (g)’’ 

18 after ‘‘subsections (a) and (b)’’; 

19 (B) by inserting ‘‘, and directing that the 

20 minimization procedures be followed’’ after ‘‘re21 lease of tangible things’’; and 

22 (C) by striking the second sentence.; and 

23 (4) by adding at the end the following: 

24 ‘‘(i) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘bookseller records’ means trans2 actional records reflecting the purchase (including 

3 subscription purchase) or rental of books, journals, or 

4 magazines, whether in digital form or in print, of an 

5 individual or entity engaged in the sale or rental of 

6 books, journals, or magazines; 

7 ‘‘(2) the term ‘library’ has the meaning given 

8 that term in section 213(1) of the Library Services 

9 and Technology Act (20 U.S.C. 9122(1)); 

10 ‘‘(3) the term ‘patron’ means a purchaser, renter, 

11 borrower, user, or subscriber of goods or services from 

12 a library; and 

13 ‘‘(4) the term ‘personally identifiable informa14 tion’ includes information that identifies a person as 

15 having used, requested, or obtained specific reading 

16 materials or services from a library.’’. 

17 (b) TRANSITION PROCEDURES.—Notwithstanding 

18 the amendments made by this Act, an order entered under 

19 section 501(c)(1) of the Foreign Intelligence Surveillance 

20 Act of 1978 (50 U.S.C. 1861(c)(1)) that is in effect on 

21 the effective date of the amendments made by this section 

22 shall remain in effect until the expiration of the order. 

23 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

24 (1) DEFINITIONS.—Title V of the Foreign In25 telligence Surveillance Act of 1978 (50 U.S.C. 1861 


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1 et seq.) is amended by adding at the end the fol2 lowing: 

3 ‘‘SEC. 503. DEFINITIONS. 

4 ‘‘In this title, the terms ‘Attorney General’, ‘foreign 

5 intelligence information’, ‘international terrorism’, ‘per6 son’, ‘United States’, and ‘United States person’ have the 

7 meanings given such terms in section 101.’’. 

8 (2) TITLE HEADING.—Title V of the Foreign 

9 Intelligence Surveillance Act of 1978 (50 U.S.C. 

10 1861 et seq.) is amended in the title heading by in11 serting ‘‘AND OTHER TANGIBLE THINGS’’ 

12 after ‘‘CERTAIN BUSINESS RECORDS’’. 

13 (3) TABLE OF CONTENTS.—The table of con14 tents in the first section of the Foreign Intelligence 

15 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 

16 is amended— 

17 (A) by striking the items relating to title 

18 V and section 501 and inserting the following: 

‘‘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.’’; 

19 and 

20 (B) by inserting after the item relating to 

21 section 502 the following: 

‘‘Sec. 503. Definitions.’’. 


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1 SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP AND 

2 TRACE DEVICES FOR FOREIGN INTEL3 LIGENCE PURPOSES. 

4 (a) APPLICATION.—Section 402(c) of the Foreign In5 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 

6 is amended— 

7 (1) in paragraph (1), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (2)— 

10 (A) by striking ‘‘a certification by the ap11 plicant’’ and inserting ‘‘a statement of the facts 

12 and circumstances relied upon by the applicant 

13 to justify the belief of the applicant’’; and 

14 (B) by striking the period at the end and 

15 inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(3) a statement of whether minimization pro18 cedures are being proposed and, if so, a statement 

19 of the proposed minimization procedures.’’. 

20 (b) MINIMIZATION.— 

21 (1) DEFINITION.—Section 401 of the Foreign 

22 Intelligence Surveillance Act of 1978 (50 U.S.C. 

23 1841) is amended by adding at the end the fol24 lowing: 

25 ‘‘(4) The term ‘minimization procedures’ 

26 means— 


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1 ‘‘(A) specific procedures, that are reason2 ably designed in light of the purpose and tech3 nique of an order for the installation and use 

4 of a pen register or trap and trace device, to 

5 minimize the retention, and prohibit the dis6 semination, of nonpublicly available information 

7 known to concern unconsenting United States 

8 persons consistent with the need of the United 

9 States to obtain, produce, and disseminate for10 eign intelligence information; 

11 ‘‘(B) procedures that require that nonpub12 licly available information, which is not foreign 

13 intelligence information shall not be dissemi14 nated in a manner that identifies any United 

15 States person, without such person’s consent, 

16 unless such person’s identity is necessary to un17 derstand foreign intelligence information or as18 sess its importance; and 

19 ‘‘(C) notwithstanding subparagraphs (A) 

20 and (B), procedures that allow for the retention 

21 and dissemination of information that is evi22 dence of a crime which has been, is being, or 

23 is about to be committed and that is to be re24 tained or disseminated for law enforcement pur25 poses.’’. 


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1 (2) PEN REGISTERS AND TRAP AND TRACE DE2 VICES.—Section 402 of the Foreign Intelligence Sur3 veillance Act of 1978 (50 U.S.C. 1842) is amend4 ed— 

5 (A) in subsection (d)(1), by striking ‘‘the 

6 judge finds’’ and all that follows and inserting 

7 the following: ‘‘the judge finds— 

8 ‘‘(A) that the application satisfies the require9 ments of this section; and 

10 ‘‘(B) that, if there are exceptional cir11 cumstances justifying the use of minimization proce12 dures in a particular case, the proposed minimiza13 tion procedures meet the definition of minimization 

14 procedures under this title.’’; and 

15 (B) by adding at the end the following: 

16 ‘‘(h) At or before the end of the period of time for 

17 which the installation and use of a pen register or trap 

18 and trace device is approved under an order or an exten19 sion under this section, the judge may assess compliance 

20 with any applicable minimization procedures by reviewing 

21 the circumstances under which information concerning 

22 United States persons was retained or disseminated.’’. 

23 (3) EMERGENCIES.—Section 403 of the For24 eign Intelligence Surveillance Act of 1978 (50 

25 U.S.C. 1843) is amended— 


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1 (A) by redesignating subsection (c) as sub2 section (d); and 

3 (B) by inserting after subsection (b) the 

4 following: 

5 ‘‘(c) If the Attorney General authorizes the emer6 gency installation and use of a pen register or trap and 

7 trace device under this section, the Attorney General shall 

8 require that minimization procedures be followed, if appro9 priate.’’. 

10 (4) USE OF INFORMATION.—Section 405(a)(1) 

11 of the Foreign Intelligence Surveillance Act of 1978 

12 (50 U.S.C. 1845(a)(1)) is amended by striking ‘‘pro13 visions of this section’’ and inserting ‘‘minimization 

14 procedures required under this title’’. 

15 (c) TRANSITION PROCEDURES.— 

16 (1) ORDERS IN EFFECT.—Notwithstanding the 

17 amendments made by this Act, an order entered 

18 under section 402(d)(1) of the Foreign Intelligence 

19 Surveillance Act of 1978 (50 U.S.C. 1842(d)(1)) 

20 that is in effect on the effective date of the amend21 ments made by this section shall remain in effect 

22 until the expiration of the order. 

23 (2) EXTENSIONS.—A request for an extension 

24 of an order referred to in paragraph (1) shall be 

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1 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

2 seq.), as amended by this Act. 

3 SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECU4 RITY LETTERS. 

5 (a) IN GENERAL.—Section 2709 of title 18, United 

6 States Code, is amended by striking subsection (c) and 

7 inserting the following: 

8 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

9 ‘‘(1) PROHIBITION.— 

10 ‘‘(A) IN GENERAL.—If a certification is 

11 issued under subparagraph (B) and notice of 

12 the right to judicial review under paragraph (3) 

13 is provided, no wire or electronic communica14 tion service provider, or officer, employee, or 

15 agent thereof, that receives a request under 

16 subsection (a), shall disclose to any person that 

17 the Director of the Federal Bureau of Inves18 tigation has sought or obtained access to infor19 mation or records under this section. 

20 ‘‘(B) CERTIFICATION.—The requirements 

21 of subparagraph (A) shall apply if the Director 

22 of the Federal Bureau of Investigation, or a 

23 designee of the Director whose rank shall be no 

24 lower than Deputy Assistant Director at Bu25 reau headquarters or a Special Agent in Charge 


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1 of a Bureau field office, certifies that, absent a 

2 prohibition of disclosure under this subsection, 

3 there may result— 

4 ‘‘(i) a danger to the national security 

5 of the United States; 

6 ‘‘(ii) interference with a criminal, 

7 counterterrorism, or counterintelligence in8 vestigation; 

9 ‘‘(iii) interference with diplomatic re10 lations; or 

11 ‘‘(iv) danger to the life or physical 

12 safety of any person. 

13 ‘‘(2) EXCEPTION.— 

14 ‘‘(A) IN GENERAL.—A wire or electronic 

15 communication service provider, or officer, em16 ployee, or agent thereof, that receives a request 

17 under subsection (a) may disclose information 

18 otherwise subject to any applicable nondisclo19 sure requirement to— 

20 ‘‘(i) those persons to whom disclosure 

21 is necessary in order to comply with the re22 quest; 

23 ‘‘(ii) an attorney in order to obtain 

24 legal advice or assistance regarding the re25 quest; or 


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1 ‘‘(iii) other persons as permitted by 

2 the Director of the Federal Bureau of In3 vestigation or the designee of the Director. 

4 ‘‘(B) PERSONS NECESSARY FOR COMPLI5 ANCE.—Upon a request by the Director of the 

6 Federal Bureau of Investigation or the designee 

7 of the Director, those persons to whom disclo8 sure will be made under subparagraph (A)(i) or 

9 to whom such disclosure was made before the 

10 request shall be identified to the Director or the 

11 designee. 

12 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

13 person to whom disclosure is made under sub14 paragraph (A) shall be subject to the nondisclo15 sure requirements applicable to a person to 

16 whom a request is issued under subsection (a) 

17 in the same manner as the person to whom the 

18 request is issued. 

19 ‘‘(D) NOTICE.—Any recipient that dis20 closes to a person described in subparagraph 

21 (A) information otherwise subject to a non22 disclosure requirement shall inform the person 

23 of the applicable nondisclosure requirement. 

24 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 


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1 ‘‘(A) IN GENERAL.—A wire or electronic 

2 communications service provider that receives a 

3 request under subsection (a) shall have the 

4 right to judicial review of any applicable non5 disclosure requirement. 

6 ‘‘(B) NOTIFICATION.—A request under 

7 subsection (a) shall state that if the recipient 

8 wishes to have a court review a nondisclosure 

9 requirement, the recipient shall notify the Gov10 ernment. 

11 ‘‘(C) INITIATION OF PROCEEDINGS.—If a 

12 recipient of a request under subsection (a) 

13 makes a notification under subparagraph (B), 

14 the Government shall initiate judicial review 

15 under the procedures established in section 

16 3511 of this title, unless an appropriate official 

17 of the Federal Bureau of the Investigation 

18 makes a notification under paragraph (4). 

19 ‘‘(4) TERMINATION.—In the case of any request 

20 for which a recipient has submitted a notification 

21 under paragraph (3)(B), if the facts supporting a 

22 nondisclosure requirement cease to exist, an appro23 priate official of the Federal Bureau of Investigation 

24 shall promptly notify the wire or electronic service 

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1 ject to the nondisclosure requirement that the non2 disclosure requirement is no longer in effect.’’. 

3 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

4 CREDIT REPORTS.—Section 626 of the Fair Credit Re5 porting Act (15 U.S.C. 1681u) is amended by striking 

6 subsection (d) and inserting the following: 

7 ‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— 

8 ‘‘(1) PROHIBITION.— 

9 ‘‘(A) IN GENERAL.—If a certification is 

10 issued under subparagraph (B) and notice of 

11 the right to judicial review under paragraph (3) 

12 is provided, no consumer reporting agency, or 

13 officer, employee, or agent thereof, that receives 

14 a request or order under subsection (a), (b), or 

15 (c), shall disclose or specify in any consumer re16 port, that the Federal Bureau of Investigation 

17 has sought or obtained access to information or 

18 records under subsection (a), (b), or (c). 

19 ‘‘(B) CERTIFICATION.—The requirements 

20 of subparagraph (A) shall apply if the Director 

21 of the Federal Bureau of Investigation, or a 

22 designee of the Director whose rank shall be no 

23 lower than Deputy Assistant Director at Bu24 reau headquarters or a Special Agent in Charge 

25 of a Bureau field office, certifies that, absent a 


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1 prohibition of disclosure under this subsection, 

2 there may result— 

3 ‘‘(i) a danger to the national security 

4 of the United States; 

5 ‘‘(ii) interference with a criminal, 

6 counterterrorism, or counterintelligence in7 vestigation; 

8 ‘‘(iii) interference with diplomatic re9 lations; or 

10 ‘‘(iv) danger to the life or physical 

11 safety of any person. 

12 ‘‘(2) EXCEPTION.— 

13 ‘‘(A) IN GENERAL.—A consumer reporting 

14 agency, or officer, employee, or agent thereof, 

15 that receives a request or order under sub16 section (a), (b), or (c) may disclose information 

17 otherwise subject to any applicable nondisclo18 sure requirement to— 

19 ‘‘(i) those persons to whom disclosure 

20 is necessary in order to comply with the re21 quest or order; 

22 ‘‘(ii) an attorney in order to obtain 

23 legal advice or assistance regarding the re24 quest or order; or 


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1 ‘‘(iii) other persons as permitted by 

2 the Director of the Federal Bureau of In3 vestigation or the designee of the Director. 

4 ‘‘(B) PERSONS NECESSARY FOR COMPLI5 ANCE.—Upon a request by the Director of the 

6 Federal Bureau of Investigation or the designee 

7 of the Director, those persons to whom disclo8 sure will be made under subparagraph (A)(i) or 

9 to whom such disclosure was made before the 

10 request shall be identified to the Director or the 

11 designee. 

12 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

13 person to whom disclosure is made under sub14 paragraph (A) shall be subject to the nondisclo15 sure requirements applicable to a person to 

16 whom a request or order is issued under sub17 section (a), (b), or (c) in the same manner as 

18 the person to whom the request or order is 

19 issued. 

20 ‘‘(D) NOTICE.—Any recipient that dis21 closes to a person described in subparagraph 

22 (A) information otherwise subject to a non23 disclosure requirement shall inform the person 

24 of the applicable nondisclosure requirement. 

25 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 


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1 ‘‘(A) IN GENERAL.—A consumer reporting 

2 agency that receives a request or order under 

3 subsection (a), (b), or (c) shall have the right 

4 to judicial review of any applicable nondisclo5 sure requirement. 

6 ‘‘(B) NOTIFICATION.—A request or order 

7 under subsection (a), (b), or (c) shall state that 

8 if the recipient wishes to have a court review a 

9 nondisclosure requirement, the recipient shall 

10 notify the Government. 

11 ‘‘(C) INITIATION OF PROCEEDINGS.—If a 

12 recipient of a request or order under subsection 

13 (a), (b), or (c) makes a notification under sub14 paragraph (B), the Government shall initiate 

15 judicial review under the procedures established 

16 in section 3511 of title 18, United States Code, 

17 unless an appropriate official of the Federal 

18 Bureau of Investigation makes a notification 

19 under paragraph (4). 

20 ‘‘(4) TERMINATION.—In the case of any request 

21 or order for which a consumer reporting agency has 

22 submitted a notification under paragraph (3)(B), if 

23 the facts supporting a nondisclosure requirement 

24 cease to exist, an appropriate official of the Federal 

25 Bureau of Investigation shall promptly notify the 


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1 consumer reporting agency, or officer, employee, or 

2 agent thereof, subject to the nondisclosure require3 ment that the nondisclosure requirement is no longer 

4 in effect.’’. 

5 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

6 FOR COUNTERTERRORISM PURPOSES.—Section 627 of the 

7 Fair Credit Reporting Act (15 U.S.C. 1681v) is amended 

8 by striking subsection (c) and inserting the following: 

9 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 

10 ‘‘(1) PROHIBITION.— 

11 ‘‘(A) IN GENERAL.—If a certification is 

12 issued under subparagraph (B) and notice of 

13 the right to judicial review under paragraph (3) 

14 is provided, no consumer reporting agency, or 

15 officer, employee, or agent thereof, that receives 

16 a request under subsection (a), shall disclose to 

17 any person or specify in any consumer report, 

18 that a government agency has sought or ob19 tained access to information under subsection 

20 (a). 

21 ‘‘(B) CERTIFICATION.—The requirements 

22 of subparagraph (A) shall apply if the head of 

23 a government agency authorized to conduct in24 vestigations of, or intelligence or counterintel25 ligence activities or analysis related to, interVerDate Mar 15 2010 23:43 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S193.RS S193

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1 national terrorism, or a designee, certifies that, 

2 absent a prohibition of disclosure under this 

3 subsection, there may result— 

4 ‘‘(i) a danger to the national security 

5 of the United States; 

6 ‘‘(ii) interference with a criminal, 

7 counterterrorism, or counterintelligence in8 vestigation; 

9 ‘‘(iii) interference with diplomatic re10 lations; or 

11 ‘‘(iv) danger to the life or physical 

12 safety of any person. 

13 ‘‘(2) EXCEPTION.— 

14 ‘‘(A) IN GENERAL.—A consumer reporting 

15 agency, or officer, employee, or agent thereof, 

16 that receives a request under subsection (a) 

17 may disclose information otherwise subject to 

18 any applicable nondisclosure requirement to— 

19 ‘‘(i) those persons to whom disclosure 

20 is necessary in order to comply with the re21 quest; 

22 ‘‘(ii) an attorney in order to obtain 

23 legal advice or assistance regarding the re24 quest; or 


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1 ‘‘(iii) other persons as permitted by 

2 the head of the government agency author3 ized to conduct investigations of, or intel4 ligence or counterintelligence activities or 

5 analysis related to, international terrorism, 

6 or a designee. 

7 ‘‘(B) PERSONS NECESSARY FOR COMPLI8 ANCE.—Upon a request by the head of a gov9 ernment agency authorized to conduct inves10 tigations of, or intelligence or counterintel11 ligence activities or analysis related to, inter12 national terrorism, or a designee, those persons 

13 to whom disclosure will be made under subpara14 graph (A)(i) or to whom such disclosure was 

15 made before the request shall be identified to 

16 the head of the government agency or the des17 ignee. 

18 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

19 person to whom disclosure is made under sub20 paragraph (A) shall be subject to the nondisclo21 sure requirements applicable to a person to 

22 whom a request is issued under subsection (a) 

23 in the same manner as the person to whom the 

24 request is issued. 


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1 ‘‘(D) NOTICE.—Any recipient that dis2 closes to a person described in subparagraph 

3 (A) information otherwise subject to a non4 disclosure requirement shall inform the person 

5 of the applicable nondisclosure requirement. 

6 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

7 ‘‘(A) IN GENERAL.—A consumer reporting 

8 agency that receives a request under subsection 

9 (a) shall have the right to judicial review of any 

10 applicable nondisclosure requirement. 

11 ‘‘(B) NOTIFICATION.—A request under 

12 subsection (a) shall state that if the recipient 

13 wishes to have a court review a nondisclosure 

14 requirement, the recipient shall notify the gov15 ernment. 

16 ‘‘(C) INITIATION OF PROCEEDINGS.—If a 

17 recipient of a request under subsection (a) 

18 makes a notification under subparagraph (B), 

19 the government shall initiate judicial review 

20 under the procedures established in section 

21 3511 of title 18, United States Code, unless an 

22 appropriate official of the government agency 

23 authorized to conduct investigations of, or intel24 ligence or counterintelligence activities or analVerDate Mar 15 2010 23:43 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S193.RS S193

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1 ysis related to, international terrorism makes a 

2 notification under paragraph (4). 

3 ‘‘(4) TERMINATION.—In the case of any request 

4 for which a consumer reporting agency has sub5 mitted a notification under paragraph (3)(B), if the 

6 facts supporting a nondisclosure requirement cease 

7 to exist, an appropriate official of the government 

8 agency authorized to conduct investigations of, or in9 telligence or counterintelligence activities or analysis 

10 related to, international terrorism shall promptly no11 tify the consumer reporting agency, or officer, em12 ployee, or agent thereof, subject to the nondisclosure 

13 requirement that the nondisclosure requirement is 

14 no longer in effect.’’. 

15 (d) FINANCIAL RECORDS.—Section 1114(a)(5) of the 

16 Right to Financial Privacy Act of 1978 (12 U.S.C. 

17 3414(a)(5)) is amended by striking subparagraph (D) and 

18 inserting the following: 

19 ‘‘(D) PROHIBITION OF CERTAIN DISCLOSURE.— 

20 ‘‘(i) PROHIBITION.— 

21 ‘‘(I) IN GENERAL.—If a certification is 

22 issued under subclause (II) and notice of the 

23 right to judicial review under clause (iii) is pro24 vided, no financial institution, or officer, em25 ployee, or agent thereof, that receives a request 


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1 under subparagraph (A), shall disclose to any 

2 person that the Federal Bureau of Investigation 

3 has sought or obtained access to information or 

4 records under subparagraph (A). 

5 ‘‘(II) CERTIFICATION.—The requirements 

6 of subclause (I) shall apply if the Director of 

7 the Federal Bureau of Investigation, or a des8 ignee of the Director whose rank shall be no 

9 lower than Deputy Assistant Director at Bu10 reau headquarters or a Special Agent in Charge 

11 of a Bureau field office, certifies that, absent a 

12 prohibition of disclosure under this subpara13 graph, there may result— 

14 ‘‘(aa) a danger to the national secu15 rity of the United States; 

16 ‘‘(bb) interference with a criminal, 

17 counterterrorism, or counterintelligence in18 vestigation; 

19 ‘‘(cc) interference with diplomatic re20 lations; or 

21 ‘‘(dd) danger to the life or physical 

22 safety of any person. 

23 ‘‘(ii) EXCEPTION.— 

24 ‘‘(I) IN GENERAL.—A financial institution, 

25 or officer, employee, or agent thereof, that reVerDate Mar 15 2010 23:43 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S193.RS S193

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1 ceives a request under subparagraph (A) may 

2 disclose information otherwise subject to any 

3 applicable nondisclosure requirement to— 

4 ‘‘(aa) those persons to whom disclo5 sure is necessary in order to comply with 

6 the request; 

7 ‘‘(bb) an attorney in order to obtain 

8 legal advice or assistance regarding the re9 quest; or 

10 ‘‘(cc) other persons as permitted by 

11 the Director of the Federal Bureau of In12 vestigation or the designee of the Director. 

13 ‘‘(II) PERSONS NECESSARY FOR COMPLI14 ANCE.—Upon a request by the Director of the 

15 Federal Bureau of Investigation or the designee 

16 of the Director, those persons to whom disclo17 sure will be made under subclause (I)(aa) or to 

18 whom such disclosure was made before the re19 quest shall be identified to the Director or the 

20 designee. 

21 ‘‘(III) NONDISCLOSURE REQUIREMENT.— 

22 A person to whom disclosure is made under 

23 subclause (I) shall be subject to the nondisclo24 sure requirements applicable to a person to 

25 whom a request is issued under subparagraph 


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1 (A) in the same manner as the person to whom 

2 the request is issued. 

3 ‘‘(IV) NOTICE.—Any recipient that dis4 closes to a person described in subclause (I) in5 formation otherwise subject to a nondisclosure 

6 requirement shall inform the person of the ap7 plicable nondisclosure requirement. 

8 ‘‘(iii) RIGHT TO JUDICIAL REVIEW.— 

9 ‘‘(I) IN GENERAL.—A financial institution 

10 that receives a request under subparagraph (A) 

11 shall have the right to judicial review of any ap12 plicable nondisclosure requirement. 

13 ‘‘(II) NOTIFICATION.—A request under 

14 subparagraph (A) shall state that if the recipi15 ent wishes to have a court review a nondisclo16 sure requirement, the recipient shall notify the 

17 Government. 

18 ‘‘(III) INITIATION OF PROCEEDINGS.—If a 

19 recipient of a request under subparagraph (A) 

20 makes a notification under subclause (II), the 

21 Government shall initiate judicial review under 

22 the procedures established in section 3511 of 

23 title 18, United States Code, unless an appro24 priate official of the Federal Bureau of Inves25 tigation makes a notification under clause (iv). 


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1 ‘‘(iv) TERMINATION.—In the case of any re2 quest for which a financial institution has submitted 

3 a notification under clause (iii)(II), if the facts sup4 porting a nondisclosure requirement cease to exist, 

5 an appropriate official of the Federal Bureau of In6 vestigation shall promptly notify the financial insti7 tution, or officer, employee, or agent thereof, subject 

8 to the nondisclosure requirement that the nondisclo9 sure requirement is no longer in effect.’’. 

10 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

11 AGENCIES.—Section 802 of the National Security Act of 

12 1947 (50 U.S.C. 436), is amended by striking subsection 

13 (b) and inserting the following: 

14 ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— 

15 ‘‘(1) PROHIBITION.— 

16 ‘‘(A) IN GENERAL.—If a certification is 

17 issued under subparagraph (B) and notice of 

18 the right to judicial review under paragraph (3) 

19 is provided, no governmental or private entity, 

20 or officer, employee, or agent thereof, that re21 ceives a request under subsection (a), shall dis22 close to any person that an authorized inves23 tigative agency described in subsection (a) has 

24 sought or obtained access to information under 

25 subsection (a). 


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1 ‘‘(B) CERTIFICATION.—The requirements 

2 of subparagraph (A) shall apply if the head of 

3 an authorized investigative agency described in 

4 subsection (a), or a designee, certifies that, ab5 sent a prohibition of disclosure under this sub6 section, there may result— 

7 ‘‘(i) a danger to the national security 

8 of the United States; 

9 ‘‘(ii) interference with a criminal, 

10 counterterrorism, or counterintelligence in11 vestigation; 

12 ‘‘(iii) interference with diplomatic re13 lations; or 

14 ‘‘(iv) danger to the life or physical 

15 safety of any person. 

16 ‘‘(2) EXCEPTION.— 

17 ‘‘(A) IN GENERAL.—A governmental or 

18 private entity, or officer, employee, or agent 

19 thereof, that receives a request under sub20 section (a) may disclose information otherwise 

21 subject to any applicable nondisclosure require22 ment to— 

23 ‘‘(i) those persons to whom disclosure 

24 is necessary in order to comply with the re25 quest; 


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1 ‘‘(ii) an attorney in order to obtain 

2 legal advice or assistance regarding the re3 quest; or 

4 ‘‘(iii) other persons as permitted by 

5 the head of the authorized investigative 

6 agency described in subsection (a). 

7 ‘‘(B) PERSONS NECESSARY FOR COMPLI8 ANCE.—Upon a request by the head of an au9 thorized investigative agency described in sub10 section (a), or a designee, those persons to 

11 whom disclosure will be made under subpara12 graph (A)(i) or to whom such disclosure was 

13 made before the request shall be identified to 

14 the head of the authorized investigative agency 

15 or the designee. 

16 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

17 person to whom disclosure is made under sub18 paragraph (A) shall be subject to the nondisclo19 sure requirements applicable to a person to 

20 whom a request is issued under subsection (a) 

21 in the same manner as the person to whom the 

22 request is issued. 

23 ‘‘(D) NOTICE.—Any recipient that dis24 closes to a person described in subparagraph 

25 (A) information otherwise subject to a nonVerDate Mar 15 2010 23:43 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S193.RS S193

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1 disclosure requirement shall inform the person 

2 of the applicable nondisclosure requirement. 

3 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

4 ‘‘(A) IN GENERAL.—A governmental or 

5 private entity that receives a request under sub6 section (a) shall have the right to judicial re7 view of any applicable nondisclosure require8 ment. 

9 ‘‘(B) NOTIFICATION.—A request under 

10 subsection (a) shall state that if the recipient 

11 wishes to have a court review a nondisclosure 

12 requirement, the recipient shall notify the Gov13 ernment. 

14 ‘‘(C) INITIATION OF PROCEEDINGS.—If a 

15 recipient of a request under subsection (a) 

16 makes a notification under subparagraph (B), 

17 the Government shall initiate judicial review 

18 under the procedures established in section 

19 3511 of title 18, United States Code, unless an 

20 appropriate official of the authorized investiga21 tive agency described in subsection (a) makes a 

22 notification under paragraph (4). 

23 ‘‘(4) TERMINATION.—In the case of any request 

24 for which a governmental or private entity has sub25 mitted a notification under paragraph (3)(B), if the 


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1 facts supporting a nondisclosure requirement cease 

2 to exist, an appropriate official of the authorized in3 vestigative agency described in subsection (a) shall 

4 promptly notify the governmental or private entity, 

5 or officer, employee, or agent thereof, subject to the 

6 nondisclosure requirement that the nondisclosure re7 quirement is no longer in effect.’’. 

8 SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL 

9 SECURITY LETTERS. 

10 (a) FISA.—Section 501(f)(2) of the Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) 

12 is amended— 

13 (1) in subparagraph (A)— 

14 (A) in clause (i)— 

15 (i) by striking ‘‘a production order’’ 

16 and inserting ‘‘a production order or non17 disclosure order’’; and 

18 (ii) by striking ‘‘Not less than 1 year’’ 

19 and all that follows; and 

20 (B) in clause (ii), by striking ‘‘production 

21 order or nondisclosure’’; and 

22 (2) in subparagraph (C)— 

23 (A) by striking clause (ii); and 

24 (B) by redesignating clause (iii) as clause 

25 (ii). 


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1 (b) JUDICIAL REVIEW OF NATIONAL SECURITY LET2 TERS.—Section 3511(b) of title 18, United States Code, 

3 is amended to read as follows: 

4 ‘‘(b) NONDISCLOSURE.— 

5 ‘‘(1) IN GENERAL.— 

6 ‘‘(A) NOTICE.—If a recipient of a request 

7 or order for a report, records, or other informa8 tion under section 2709 of this title, section 

9 626 or 627 of the Fair Credit Reporting Act 

10 (15 U.S.C. 1681u and 1681v), section 1114 of 

11 the Right to Financial Privacy Act of 1978 (12 

12 U.S.C. 3414), or section 802 of the National 

13 Security Act of 1947 (50 U.S.C. 436), wishes 

14 to have a court review a nondisclosure require15 ment imposed in connection with the request or 

16 order, the recipient shall notify the Govern17 ment. 

18 ‘‘(B) APPLICATION.—Not later than 30 

19 days after the date of receipt of a notification 

20 under subparagraph (A), the Government shall 

21 apply for an order prohibiting the disclosure of 

22 the existence or contents of the relevant request 

23 or order. An application under this subpara24 graph may be filed in the district court of the 

25 United States for the judicial district in which 


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1 the recipient of the order is doing business or 

2 in the district court of the United States for 

3 any judicial district within which the authorized 

4 investigation that is the basis for the request or 

5 order is being conducted. The applicable non6 disclosure requirement shall remain in effect 

7 during the pendency of proceedings relating to 

8 the requirement. 

9 ‘‘(C) CONSIDERATION.—A district court of 

10 the United States that receives an application 

11 under subparagraph (B) should rule expedi12 tiously, and shall, subject to paragraph (3), 

13 issue a nondisclosure order that includes condi14 tions appropriate to the circumstances. 

15 ‘‘(2) APPLICATION CONTENTS.—An application 

16 for a nondisclosure order or extension thereof under 

17 this subsection shall include a certification from the 

18 Attorney General, Deputy Attorney General, an As19 sistant Attorney General, or the Director of the Fed20 eral Bureau of Investigation, or in the case of a re21 quest by a department, agency, or instrumentality of 

22 the Federal Government other than the Department 

23 of Justice, the head or deputy head of the depart24 ment, agency, or instrumentality, containing a state25 ment of specific and articulable facts indicating that, 


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1 absent a prohibition of disclosure under this sub2 section, there may result— 

3 ‘‘(A) a danger to the national security of 

4 the United States; 

5 ‘‘(B) interference with a criminal, counter6 terrorism, or counterintelligence investigation; 

7 ‘‘(C) interference with diplomatic relations; 

8 or 

9 ‘‘(D) danger to the life or physical safety 

10 of any person. 

11 ‘‘(3) STANDARD.—A district court of the 

12 United States shall issue a nondisclosure require13 ment order or extension thereof under this sub14 section if the court determines, giving substantial 

15 weight to the certification under paragraph (2) that 

16 there is reason to believe that disclosure of the infor17 mation subject to the nondisclosure requirement dur18 ing the applicable time period will result in— 

19 ‘‘(A) a danger to the national security of 

20 the United States; 

21 ‘‘(B) interference with a criminal, counter22 terrorism, or counterintelligence investigation; 

23 ‘‘(C) interference with diplomatic relations; 

24 or 


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1 ‘‘(D) danger to the life or physical safety 

2 of any person.’’. 

3 (c) MINIMIZATION.—Section 501(g)(1) of the For4 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

5 1861(g)(1)) is amended by striking ‘‘Not later than’’ and 

6 all that follows and inserting ‘‘At or before the end of the 

7 period of time for the production of tangible things under 

8 an order approved under this section or at any time after 

9 the production of tangible things under an order approved 

10 under this section, a judge may assess compliance with 

11 the minimization procedures by reviewing the cir12 cumstances under which information concerning United 

13 States persons was retained or disseminated.’’. 

14 SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL 

15 AND TRANSACTIONAL RECORDS. 

16 (a) IN GENERAL.—Section 2709 of title 18, United 

17 States Code, as amended by this Act, is amended— 

18 (1) by striking subsection (e); 

19 (2) by redesignating subsections (c) and (d) as 

20 subsections (d) and (e), respectively; and 

21 (3) by inserting after subsection (b) the fol22 lowing: 

23 ‘‘(c) WRITTEN STATEMENT.—The Director of the 

24 Federal Bureau of Investigation, or a designee in a posi25 tion not lower than Deputy Assistant Director at Bureau 


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1 headquarters or a Special Agent in Charge in a Bureau 

2 field office designated by the Director, may make a certifi3 cation under subsection (b) only upon a written statement, 

4 which shall be retained by the Federal Bureau of Inves5 tigation, of specific facts showing that there are reason6 able grounds to believe that the information sought is rel7 evant to the authorized investigation described in sub8 section (b).’’. 

9 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

10 CREDIT REPORTS.—Section 626 of the Fair Credit Re11 porting Act (15 U.S.C. 1681u), as amended by this Act, 

12 is amended— 

13 (1) by striking subsection (h); 

14 (2) by redesignating subsections (d), (e), (f), 

15 and (g) as subsections (e), (f), (g), and (h), respec16 tively; and 

17 (3) by inserting after subsection (c) the fol18 lowing: 

19 ‘‘(d) WRITTEN STATEMENT.—The Director of the 

20 Federal Bureau of Investigation, or a designee in a posi21 tion not lower than Deputy Assistant Director at Bureau 

22 headquarters or a Special Agent in Charge in a Bureau 

23 field office designated by the Director, may make a certifi24 cation under subsection (a) or (b) only upon a written 

25 statement, which shall be retained by the Federal Bureau 


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1 of Investigation, of specific facts showing that there are 

2 reasonable grounds to believe that the information sought 

3 is relevant to the authorized investigation described in 

4 subsection (a) or (b), as the case may be.’’. 

5 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

6 FOR COUNTERTERRORISM PURPOSES.—Section 627(b) of 

7 the Fair Credit Reporting Act (15 U.S.C. 1681v(b)) is 

8 amended— 

9 (1) in the subsection heading, by striking 

10 ‘‘FORM OF CERTIFICATION’’ and inserting ‘‘CER11 TIFICATION’’; 

12 (2) by striking ‘‘The certification’’ and inserting 

13 the following: 

14 ‘‘(1) FORM OF CERTIFICATION.—The certifi15 cation’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(2) WRITTEN STATEMENT.—A supervisory of18 ficial or officer described in paragraph (1) may 

19 make a certification under subsection (a) only upon 

20 a written statement, which shall be retained by the 

21 government agency, of specific facts showing that 

22 there are reasonable grounds to believe that the in23 formation sought is relevant to the authorized inves24 tigation described in subsection (a).’’. 


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1 (d) FINANCIAL RECORDS.—Section 1114(a)(5) of the 

2 Right to Financial Privacy Act of 1978 (12 U.S.C. 

3 3414(a)(5)), as amended by this Act, is amended— 

4 (1) by striking subparagraph (C); 

5 (2) by redesignating subparagraph (B) as sub6 paragraph (C); and 

7 (3) by inserting after subparagraph (A) the fol8 lowing: 

9 ‘‘(B) The Director of the Federal Bureau of Inves10 tigation, or a designee in a position not lower than Deputy 

11 Assistant Director at Bureau headquarters or a Special 

12 Agent in Charge in a Bureau field office designated by 

13 the Director, may make a certification under subpara14 graph (A) only upon a written statement, which shall be 

15 retained by the Federal Bureau of Investigation, of spe16 cific facts showing that there are reasonable grounds to 

17 believe that the information sought is relevant to the au18 thorized investigation described in subparagraph (A).’’. 

19 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

20 AGENCIES.—Section 802(a) of the National Security Act 

21 of 1947 (50 U.S.C. 436(a)) is amended by adding at the 

22 end the following: 

23 ‘‘(4) A department or agency head, deputy depart24 ment or agency head, or senior official described in para25 graph (3)(A) may make a certification under paragraph 


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1 (3)(A) only upon a written statement, which shall be re2 tained by the authorized investigative agency, of specific 

3 facts showing that there are reasonable grounds to believe 

4 that the information sought is relevant to the authorized 

5 inquiry or investigation described in paragraph 

6 (3)(A)(ii).’’. 

7 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

8 (1) OBSTRUCTION OF CRIMINAL INVESTIGA9 TIONS.—Section 1510(e) of title 18, United States 

10 Code, is amended by striking ‘‘section 2709(c)(1) of 

11 this title, section 626(d)(1) or 627(c)(1) of the Fair 

12 Credit Reporting Act (15 U.S.C. 1681u(d)(1) or 

13 1681v(c)(1)), section 1114(a)(3)(A) or 

14 1114(a)(5)(D)(i) of the Right to Financial Privacy 

15 Act (12 U.S.C. 3414(a)(3)(A) or 

16 3414(a)(5)(D)(i)),’’ and inserting ‘‘section 

17 2709(d)(1) of this title, section 626(e)(1) or 

18 627(c)(1) of the Fair Credit Reporting Act (15 

19 U.S.C. 1681u(e)(1) and 1681v(c)(1)), section 

20 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to 

21 Financial Privacy Act of 1978 (12 U.S.C. 

22 3414(a)(3)(A) and 3414(a)(5)(D)(i)),’’. 

23 (2) SEMIANNUAL REPORTS.—Section 507(b) of 

24 the National Security Act of 1947 (50 U.S.C. 

25 415b(b)) is amended— 


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1 (A) by striking paragraphs (4) and (5); 

2 and 

3 (B) by redesignating paragraph (6) as 

4 paragraph (4). 

5 SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LET6 TERS. 

7 (a) IN GENERAL.—Section 118(c) of the USA PA8 TRIOT Improvement and Reauthorization Act of 2005 

9 (18 U.S.C. 3511 note) is amended to read as follows: 

10 ‘‘(c) REPORTS ON REQUESTS FOR NATIONAL SECU11 RITY LETTERS.— 

12 ‘‘(1) DEFINITIONS.—In this subsection— 

13 ‘‘(A) the term ‘applicable period’ means— 

14 ‘‘(i) with respect to the first report 

15 submitted under paragraph (2) or (3), the 

16 period beginning 180 days after the date 

17 of enactment of the USA PATRIOT Act 

18 Sunset Extension Act of 2011 and ending 

19 on December 31, 2011; and 

20 ‘‘(ii) with respect to the second report 

21 submitted under paragraph (2) or (3), and 

22 each report thereafter, the 6-month period 

23 ending on the last day of the second month 

24 before the date for submission of the re25 port; and 


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1 ‘‘(B) the term ‘United States person’ has 

2 the meaning given that term in section 101 of 

3 the Foreign Intelligence Surveillance Act of 

4 1978 (50 U.S.C. 1801). 

5 ‘‘(2) CLASSIFIED FORM.— 

6 ‘‘(A) IN GENERAL.—Not later than Feb7 ruary 1, 2012, and every 6 months thereafter, 

8 the Attorney General shall submit to the Select 

9 Committee on Intelligence, the Committee on 

10 the Judiciary, and the Committee on Banking, 

11 Housing, and Urban Affairs of the Senate and 

12 the Permanent Select Committee on Intel13 ligence, the Committee on the Judiciary, and 

14 the Committee on Financial Services of the 

15 House of Representatives a report fully inform16 ing the committees concerning the requests 

17 made under section 2709(a) of title 18, United 

18 States Code, section 1114(a)(5)(A) of the Right 

19 to Financial Privacy Act of 1978 (12 U.S.C. 

20 3414(a)(5)(A)), section 626 of the Fair Credit 

21 Reporting Act (15 U.S.C. 1681u), section 627 

22 of the Fair Credit Reporting Act (15 U.S.C. 

23 1681v), or section 802 of the National Security 

24 Act of 1947 (50 U.S.C. 436) during the appli25 cable period. 


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1 ‘‘(B) CONTENTS.—Each report under sub2 paragraph (A) shall include, for each provision 

3 of law described in subparagraph (A)— 

4 ‘‘(i) the number of authorized re5 quests under the provision, including re6 quests for subscriber information; and 

7 ‘‘(ii) the number of authorized re8 quests under the provision— 

9 ‘‘(I) that relate to a United 

10 States person; 

11 ‘‘(II) that relate to a person that 

12 is not a United States person; 

13 ‘‘(III) that relate to a person 

14 that is— 

15 ‘‘(aa) the subject of an au16 thorized national security inves17 tigation; or 

18 ‘‘(bb) an individual who has 

19 been in contact with or otherwise 

20 directly linked to the subject of 

21 an authorized national security 

22 investigation; and 

23 ‘‘(IV) that relate to a person that 

24 is not known to be the subject of an 

25 authorized national security investigaVerDate Mar 15 2010 23:43 Mar 17, 2011 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S193.RS S193

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1 tion or to have been in contact with or 

2 otherwise directly linked to the subject 

3 of an authorized national security in4 vestigation. 

5 ‘‘(3) UNCLASSIFIED FORM.— 

6 ‘‘(A) IN GENERAL.—Not later than Feb7 ruary 1, 2012, and every 6 months thereafter, 

8 the Attorney General shall submit to the Select 

9 Committee on Intelligence, the Committee on 

10 the Judiciary, and the Committee on Banking, 

11 Housing, and Urban Affairs of the Senate and 

12 the Permanent Select Committee on Intel13 ligence, the Committee on the Judiciary, and 

14 the Committee on Financial Services of the 

15 House of Representatives a report fully inform16 ing the committees concerning the aggregate 

17 total of all requests identified under paragraph 

18 (2) during the applicable period ending on the 

19 last day of the second month before the date for 

20 submission of the report. Each report under 

21 this subparagraph shall be in unclassified form. 

22 ‘‘(B) CONTENTS.—Each report under sub23 paragraph (A) shall include the aggregate total 

24 of requests— 


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1 ‘‘(i) that relate to a United States 

2 person; 

3 ‘‘(ii) that relate to a person that is 

4 not a United States person; 

5 ‘‘(iii) that relate to a person that is— 

6 ‘‘(I) the subject of an authorized 

7 national security investigation; or 

8 ‘‘(II) an individual who has been 

9 in contact with or otherwise directly 

10 linked to the subject of an authorized 

11 national security investigation; and 

12 ‘‘(iv) that relate to a person that is 

13 not known to be the subject of an author14 ized national security investigation or to 

15 have been in contact with or otherwise di16 rectly linked to the subject of an author17 ized national security investigation.’’. 

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

19 Section 627 of the Fair Credit Reporting Act (15 U.S.C. 

20 1681v) is amended by striking subsection (f). 

21 SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTEL22 LIGENCE SURVEILLANCE ACT OF 1978. 

23 (a) IN GENERAL.—Title VI of the Foreign Intel24 ligence Surveillance Act of 1978 (50 U.S.C. 1871) is 

25 amended by adding at the end the following: 


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1 ‘‘SEC. 602. ANNUAL UNCLASSIFIED REPORT. 

2 ‘‘Not later than June 30, 2012, and every year there3 after, the Attorney General, in consultation with the Di4 rector of National Intelligence, and with due regard for 

5 the protection of classified information from unauthorized 

6 disclosure, shall submit to the Committee on the Judiciary 

7 and the Select Committee on Intelligence of the Senate 

8 and the Committee on the Judiciary and the Permanent 

9 Select Committee on Intelligence of the House of Rep10 resentatives an unclassified report summarizing how the 

11 authorities under this Act are used, including the impact 

12 of the use of the authorities under this Act on the privacy 

13 of United States persons (as defined in section 101).’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

15 The table of contents in the first section of the Foreign 

16 Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

17 seq.) is amended by inserting after the item relating to 

18 section 601 the following: 

‘‘Sec. 602. Annual unclassified report.’’. 

19 SEC. 10. AUDITS. 

20 (a) TANGIBLE THINGS.—Section 106A of the USA 

21 PATRIOT Improvement and Reauthorization Act of 2005 

22 (Public Law 109–177; 120 Stat. 200) is amended— 

23 (1) in subsection (b)— 

24 (A) in paragraph (1), by striking ‘‘2006’’ 

25 and inserting ‘‘2011’’; 


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1 (B) by striking paragraphs (2) and (3); 

2 (C) by redesignating paragraphs (4) and 

3 (5) as paragraphs (2) and (3), respectively; and 

4 (D) in paragraph (3), as so redesignated— 

5 (i) by striking subparagraph (C) and 

6 inserting the following: 

7 ‘‘(C) with respect to calendar years 2007 

8 through 2011, an examination of the minimiza9 tion procedures used in relation to orders under 

10 section 501 of the Foreign Intelligence Surveil11 lance Act of 1978 (50 U.S.C. 1861) and wheth12 er the minimization procedures protect the con13 stitutional rights of United States persons.’’; 

14 and 

15 (ii) in subparagraph (D), by striking 

16 ‘‘(as such term is defined in section 3(4) of 

17 the National Security Act of 1947 (50 

18 U.S.C. 401a(4)))’’; 

19 (2) in subsection (c), by adding at the end the 

20 following: 

21 ‘‘(3) CALENDAR YEARS 2007, 2008, AND 2009.— 

22 Not later than September 30, 2011 March 31, 2012, 

23 the Inspector General of the Department of Justice 

24 shall submit to the Committee on the Judiciary and 

25 the Permanent Select Committee on Intelligence of 


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1 the House of Representatives and the Committee on 

2 the Judiciary and the Select Committee on Intel3 ligence of the Senate a report containing the results 

4 of the audit conducted under subsection (a) for cal5 endar years 2007, 2008, and 2009. 

6 ‘‘(4) CALENDAR YEARS 2010 AND 2011.—Not 

7 later than December 31, 2012 March 31, 2013, the 

8 Inspector General of the Department of Justice shall 

9 submit to the Committee on the Judiciary and the 

10 Permanent Select Committee on Intelligence of the 

11 House of Representatives and the Committee on the 

12 Judiciary and the Select Committee on Intelligence 

13 of the Senate a report containing the results of the 

14 audit conducted under subsection (a) for calendar 

15 years 2010 and 2011.’’; 

16 (3) by redesignating subsections (d) and (e) as 

17 subsections (e) and (f), respectively; 

18 (4) by inserting after subsection (c) the fol19 lowing: 

20 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

21 ‘‘(1) IN GENERAL.—For the period beginning 

22 on January 1, 2007 and ending on December 31, 

23 2011, the Inspector General of each element of the 

24 intelligence community outside of the Department of 

25 Justice that used information acquired under title V 


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1 of the Foreign Intelligence Surveillance Act of 1978 

2 (50 U.S.C. 1861 et seq.) in the intelligence activities 

3 of the element of the intelligence community shall— 

4 ‘‘(A) assess the importance of the informa5 tion to the intelligence activities of the element 

6 of the intelligence community; 

7 ‘‘(B) examine the manner in which that in8 formation was collected, retained, analyzed, and 

9 disseminated by the element of the intelligence 

10 community; 

11 ‘‘(C) describe any noteworthy facts or cir12 cumstances relating to orders under title V of 

13 the Foreign Intelligence Surveillance Act of 

14 1978 as the orders relate to the element of the 

15 intelligence community; and 

16 ‘‘(D) examine any minimization procedures 

17 used by the element of the intelligence commu18 nity under title V of the Foreign Intelligence 

19 Surveillance Act of 1978 and whether the mini20 mization procedures protect the constitutional 

21 rights of United States persons. 

22 ‘‘(2) SUBMISSION DATES FOR ASSESSMENT.— 

23 ‘‘(A) CALENDAR YEARS 2007 THROUGH

24 2009.—Not later than September 30, 2011 

25 March 31, 2012, the Inspector General of each 


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1 element of the intelligence community that con2 ducts an assessment under this subsection shall 

3 submit to the Committee on the Judiciary and 

4 the Select Committee on Intelligence of the 

5 Senate and the Committee on the Judiciary and 

6 the Permanent Select Committee on Intelligence 

7 of the House of Representative a report con8 taining the results of the assessment for cal9 endar years 2007 through 2009. 

10 ‘‘(B) CALENDAR YEARS 2010 AND 2011.— 

11 Not later than December 31, 2012 March 31, 

12 2013, the Inspector General of each element of 

13 the intelligence community that conducts an as14 sessment under this subsection shall submit to 

15 the Committee on the Judiciary and the Select 

16 Committee on Intelligence of the Senate and 

17 the Committee on the Judiciary and the Perma18 nent Select Committee on Intelligence of the 

19 House of Representatives a report containing 

20 the results of the assessment for calendar years 

21 2010 and 2011.’’; 

22 (5) in subsection (e), as redesignated by para23 graph (3)— 

24 (A) in paragraph (1)— 


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1 (i) by striking ‘‘a report under sub2 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

3 report under subsection (c) or (d)’’; and 

4 (ii) by inserting ‘‘and any Inspector 

5 General of an element of the intelligence 

6 community that submits a report under 

7 this section’’ after ‘‘Justice’’; and 

8 (B) in paragraph (2), by striking ‘‘the re9 ports submitted under subsection (c)(1) and 

10 (c)(2)’’ and inserting ‘‘any report submitted 

11 under subsection (c) or (d)’’; 

12 (6) in subsection (f) as redesignated by para13 graph (3)— 

14 (A) by striking ‘‘The reports submitted 

15 under subsections (c)(1) and (c)(2)’’ and insert16 ing ‘‘Each report submitted under subsection 

17 (c)’’; and 

18 (B) by striking ‘‘subsection (d)(2)’’ and in19 serting ‘‘subsection (e)(2)’’; and 

20 (7) by adding at the end the following: 

21 ‘‘(g) DEFINITIONS.—In this section— 

22 ‘‘(1) the term ‘intelligence community’ has the 

23 meaning given that term in section 3 of the National 

24 Security Act of 1947 (50 U.S.C. 401a); and 


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1 ‘‘(2) the term ‘United States person’ has the 

2 meaning given that term in section 101 of the For3 eign Intelligence Surveillance Act of 1978 (50 

4 U.S.C. 1801).’’. 

5 (b) NATIONAL SECURITY LETTERS.—Section 119 of 

6 the USA PATRIOT Improvement and Reauthorization 

7 Act of 2005 (Public Law 109–177; 120 Stat. 219) is 

8 amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1), by striking ‘‘2006’’ 

11 and inserting ‘‘2011’’; and 

12 (B) in paragraph (3)(C), by striking ‘‘(as 

13 such term is defined in section 3(4) of the Na14 tional Security Act of 1947 (50 U.S.C. 

15 401a(4)))’’; 

16 (2) in subsection (c), by adding at the end the 

17 following: 

18 ‘‘(3) CALENDAR YEARS 2007, 2008, AND 2009.— 

19 Not later than September 30, 2011 March 31, 2012, 

20 the Inspector General of the Department of Justice 

21 shall submit to the Committee on the Judiciary and 

22 the Permanent Select Committee on Intelligence of 

23 the House of Representatives and the Committee on 

24 the Judiciary and the Select Committee on Intel25 ligence of the Senate a report containing the results 


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1 of the audit conducted under subsection (a) for cal2 endar years 2007, 2008, and 2009. 

3 ‘‘(4) CALENDAR YEARS 2010 AND 2011.—Not 

4 later than December 31, 2012 March 31, 2013, the 

5 Inspector General of the Department of Justice shall 

6 submit to the Committee on the Judiciary and the 

7 Permanent Select Committee on Intelligence of the 

8 House of Representatives and the Committee on the 

9 Judiciary and the Select Committee on Intelligence 

10 of the Senate a report containing the results of the 

11 audit conducted under subsection (a) for calendar 

12 years 2010 and 2011.’’; 

13 (3) by striking subsection (g) and inserting the 

14 following: 

15 ‘‘(h) DEFINITIONS.—In this section— 

16 ‘‘(1) the term ‘intelligence community’ has the 

17 meaning given that term in section 3 of the National 

18 Security Act of 1947 (50 U.S.C. 401a); 

19 ‘‘(2) the term ‘national security letter’ means a 

20 request for information under— 

21 ‘‘(A) section 2709(a) of title 18, United 

22 States Code (to access certain communication 

23 service provider records); 

24 ‘‘(B) section 1114(a)(5)(A) of the Right to 

25 Financial Privacy Act of 1978 (12 U.S.C. 


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1 3414(a)(5)(A)) (to obtain financial institution 

2 customer records); 

3 ‘‘(C) section 802 of the National Security 

4 Act of 1947 (50 U.S.C. 436) (to obtain finan5 cial information, records, and consumer re6 ports); 

7 ‘‘(D) section 626 of the Fair Credit Re8 porting Act (15 U.S.C. 1681u) (to obtain cer9 tain financial information and consumer re10 ports); or 

11 ‘‘(E) section 627 of the Fair Credit Re12 porting Act (15 U.S.C. 1681v) (to obtain credit 

13 agency consumer records for counterterrorism 

14 investigations); and 

15 ‘‘(3) the term ‘United States person’ has the 

16 meaning given that term in section 101 of the For17 eign Intelligence Surveillance Act of 1978 (50 

18 U.S.C. 1801).’’; 

19 (4) by redesignating subsections (d), (e), and 

20 (f) as subsections (e), (f), and (g), respectively; 

21 (5) by inserting after subsection (c) the fol22 lowing: 

23 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

24 ‘‘(1) IN GENERAL.—For the period beginning 

25 on January 1, 2007 and ending on December 31, 


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1 2011, the Inspector General of each element of the 

2 intelligence community outside of the Department of 

3 Justice that issued national security letters in the 

4 intelligence activities of the element of the intel5 ligence community shall— 

6 ‘‘(A) examine the use of national security 

7 letters by the element of the intelligence com8 munity during the period; 

9 ‘‘(B) describe any noteworthy facts or cir10 cumstances relating to the use of national secu11 rity letters by the element of the intelligence 

12 community, including any improper or illegal 

13 use of such authority; 

14 ‘‘(C) assess the importance of information 

15 received under the national security letters to 

16 the intelligence activities of the element of the 

17 intelligence community; and 

18 ‘‘(D) examine the manner in which infor19 mation received under the national security let20 ters was collected, retained, analyzed, and dis21 seminated. 

22 ‘‘(2) SUBMISSION DATES FOR ASSESSMENT.— 

23 ‘‘(A) CALENDAR YEARS 2007 THROUGH

24 2009.—Not later than September 30, 2011 

25 March 31, 2012, the Inspector General of each 


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1 element of the intelligence community that con2 ducts an assessment under this subsection shall 

3 submit to the Committee on the Judiciary and 

4 the Select Committee on Intelligence of the 

5 Senate and the Committee on the Judiciary and 

6 the Permanent Select Committee on Intelligence 

7 of the House of Representatives a report con8 taining the results of the assessment for cal9 endar years 2007 through 2009. 

10 ‘‘(B) CALENDAR YEARS 2010 AND 2011.— 

11 Not later than December 31, 2012 March 31, 

12 2013, the Inspector General of any element of 

13 the intelligence community that conducts an as14 sessment under this subsection shall submit to 

15 the Committee on the Judiciary and the Select 

16 Committee on Intelligence of the Senate and 

17 the Committee on the Judiciary and the Perma18 nent Select Committee on Intelligence of the 

19 House of Representatives a report containing 

20 the results of the assessment for calendar years 

21 2010 and 2011.’’; 

22 (6) in subsection (e), as redesignated by para23 graph (4)— 

24 (A) in paragraph (1)— 


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1 (i) by striking ‘‘a report under sub2 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

3 report under subsection (c) or (d)’’; and 

4 (ii) by inserting ‘‘and any Inspector 

5 General of an element of the intelligence 

6 community that submits a report under 

7 this section’’ after ‘‘Justice’’; and 

8 (B) in paragraph (2), by striking ‘‘the re9 ports submitted under subsection (c)(1) or 

10 (c)(2)’’ and inserting ‘‘any report submitted 

11 under subsection (c) or (d)’’; and 

12 (7) in subsection (f), as redesignated by para13 graph (4)— 

14 (A) by striking ‘‘The reports submitted 

15 under subsections (c)(1) or (c)(2)’’ and insert16 ing ‘‘Each report submitted under subsection 

17 (c)’’; and 

18 (B) by striking ‘‘subsection (d)(2)’’ and in19 serting ‘‘subsection (e)(2)’’. 

20 (c) PEN REGISTERS AND TRAP AND TRACE DE21 VICES.— 

22 (1) AUDITS.—The Inspector General of the De23 partment of Justice shall perform comprehensive au24 dits of the effectiveness and use, including any im25 proper or illegal use, of pen registers and trap and 


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1 trace devices under title IV of the Foreign Intel2 ligence Surveillance Act of 1978 (50 U.S.C. 1841 et 

3 seq.) during the period beginning on January 1, 

4 2007 and ending on December 31, 2011. 

5 (2) REQUIREMENTS.—The audits required 

6 under paragraph (1) shall include— 

7 (A) an examination of the use of pen reg8 isters and trap and trace devices under title IV 

9 of the Foreign Intelligence Surveillance Act of 

10 1978 for calendar years 2007 through 2011; 

11 (B) an examination of the installation and 

12 use of a pen register or trap and trace device 

13 on emergency bases under section 403 of the 

14 Foreign Intelligence Surveillance Act of 1978 

15 (50 U.S.C. 1843); 

16 (C) any noteworthy facts or circumstances 

17 relating to the use of a pen register or trap and 

18 trace device under title IV of the Foreign Intel19 ligence Surveillance Act of 1978, including any 

20 improper or illegal use of the authority provided 

21 under that title; and 

22 (D) an examination of the effectiveness of 

23 the authority under title IV of the Foreign In24 telligence Surveillance Act of 1978 as an inves25 tigative tool, including— 


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1 (i) the importance of the information 

2 acquired to the intelligence activities of the 

3 Federal Bureau of Investigation; 

4 (ii) the manner in which the informa5 tion is collected, retained, analyzed, and 

6 disseminated by the Federal Bureau of In7 vestigation, including any direct access to 

8 the information provided to any other de9 partment, agency, or instrumentality of 

10 Federal, State, local, or tribal governments 

11 or any private sector entity; 

12 (iii) with respect to calendar years 

13 2010 and 2011, an examination of the 

14 minimization procedures of the Federal 

15 Bureau of Investigation used in relation to 

16 pen registers and trap and trace devices 

17 under title IV of the Foreign Intelligence 

18 Surveillance Act of 1978 and whether the 

19 minimization procedures protect the con20 stitutional rights of United States persons; 

21 (iv) whether, and how often, the Fed22 eral Bureau of Investigation used informa23 tion acquired under a pen register or trap 

24 and trace device under title IV of the For25 eign Intelligence Surveillance Act of 1978 


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1 to produce an analytical intelligence prod2 uct for distribution within the Federal Bu3 reau of Investigation, to the intelligence 

4 community, or to another department, 

5 agency, or instrumentality of Federal, 

6 State, local, or tribal governments; and 

7 (v) whether, and how often, the Fed8 eral Bureau of Investigation provided in9 formation acquired under a pen register or 

10 trap and trace device under title IV of the 

11 Foreign Intelligence Surveillance Act of 

12 1978 to law enforcement authorities for 

13 use in criminal proceedings. 

14 (3) SUBMISSION DATES.— 

15 (A) CALENDAR YEARS 2007 THROUGH

16 2009.—Not later than September 30, 2011 

17 March 31, 2012, the Inspector General of the 

18 Department of Justice shall submit to the Com19 mittee on the Judiciary and the Select Com20 mittee on Intelligence of the Senate and the 

21 Committee on the Judiciary and the Permanent 

22 Select Committee on Intelligence of the House 

23 of Representatives a report containing the re24 sults of the audits conducted under paragraph 

25 (1) for calendar years 2007 through 2009. 


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1 (B) CALENDAR YEARS 2010 AND 2011.— 

2 Not later than December 31, 2012 March 31, 

3 2013, the Inspector General of the Department 

4 of Justice shall submit to the Committee on the 

5 Judiciary and the Select Committee on Intel6 ligence of the Senate and the Committee on the 

7 Judiciary and the Permanent Select Committee 

8 on Intelligence of the House of Representatives 

9 a report containing the results of the audits 

10 conducted under paragraph (1) for calendar 

11 years 2010 and 2011. 

12 (4) INTELLIGENCE ASSESSMENT.— 

13 (A) IN GENERAL.—For the period begin14 ning January 1, 2007 and ending on December 

15 31, 2011, the Inspector General of any element 

16 of the intelligence community outside of the De17 partment of Justice that used information ac18 quired under a pen register or trap and trace 

19 device under title IV of the Foreign Intelligence 

20 Surveillance Act of 1978 in the intelligence ac21 tivities of the element of the intelligence com22 munity shall— 

23 (i) assess the importance of the infor24 mation to the intelligence activities of the 

25 element of the intelligence community; 


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1 (ii) examine the manner in which the 

2 information was collected, retained, ana3 lyzed, and disseminated; 

4 (iii) describe any noteworthy facts or 

5 circumstances relating to orders under title 

6 IV of the Foreign Intelligence Surveillance 

7 Act of 1978 as the orders relate to the ele8 ment of the intelligence community; and 

9 (iv) examine any minimization proce10 dures used by the element of the intel11 ligence community in relation to pen reg12 isters and trap and trace devices under 

13 title IV of the Foreign Intelligence Surveil14 lance Act of 1978 and whether the mini15 mization procedures protect the constitu16 tional rights of United States persons. 

17 (B) SUBMISSION DATES FOR ASSESS18 MENT.— 

19 (i) CALENDAR YEARS 2007 THROUGH

20 2009.—Not later than September 30, 2011 

21 March 31, 2012, the Inspector General of 

22 each element of the intelligence community 

23 that conducts an assessment under this 

24 paragraph shall submit to the Committee 

25 on the Judiciary and the Select Committee 


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1 on Intelligence of the Senate and the Com2 mittee on the Judiciary and the Permanent 

3 Select Committee on Intelligence of the 

4 House of Representative a report con5 taining the results of the assessment for 

6 calendar years 2007 through 2009. 

7 (ii) CALENDAR YEARS 2010 AND

8 2011.—Not later than December 31, 2012 

9 March 31, 2013, the Inspector General of 

10 each element of the intelligence community 

11 that conducts an assessment under this 

12 paragraph shall submit to the Committee 

13 on the Judiciary and the Select Committee 

14 on Intelligence of the Senate and the Com15 mittee on the Judiciary and the Permanent 

16 Select Committee on Intelligence of the 

17 House of Representative a report con18 taining the results of the assessment for 

19 calendar years 2010 and 2011. 

20 (5) PRIOR NOTICE TO ATTORNEY GENERAL AND

21 DIRECTOR OF NATIONAL INTELLIGENCE; COM22 MENTS.— 

23 (A) NOTICE.—Not later than 30 days be24 fore the submission of any report paragraph (3) 

25 or (4), the Inspector General of the Department 


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1 of Justice and any Inspector General of an ele2 ment of the intelligence community that sub3 mits a report under this subsection shall pro4 vide the report to the Attorney General and the 

5 Director of National Intelligence. 

6 (B) COMMENTS.—The Attorney General or 

7 the Director of National Intelligence may pro8 vide such comments to be included in any re9 port submitted under paragraph (3) or (4) as 

10 the Attorney General or the Director of Na11 tional Intelligence may consider necessary. 

12 (6) UNCLASSIFIED FORM.—Each report sub13 mitted under paragraph (3) and any comments in14 cluded in that report under paragraph (5)(B) shall 

15 be in unclassified form, but may include a classified 

16 annex. 

17 (d) DEFINITIONS.—In this section— 

18 (1) the terms ‘‘foreign intelligence information’’ 

19 and ‘‘United States person’’ have the meanings 

20 given those terms in section 101 of the Foreign In21 telligence Surveillance Act of 1978 (50 U.S.C. 

22 1801); and 

23 (2) the term ‘‘intelligence community’’ has the 

24 meaning given that term in section 3 of the National 

25 Security Act of 1947 (50 U.S.C. 401a). 


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1 SEC. 11. DELAYED NOTICE SEARCH WARRANTS. 

2 Section 3103a(b)(3) of title 18, United States Code, 

3 is amended by striking ‘‘30 days’’ and inserting ‘‘7 days’’. 

4 SEC. 12. PROCEDURES. 

5 (a) IN GENERAL.—The Attorney General shall peri6 odically review, and revise as necessary, the procedures 

7 adopted by the Attorney General on October 1, 2010 for 

8 the collection, use, and storage of information obtained in 

9 response to a national security letter issued under section 

10 2709 of title 18, United States Code, section 1114(a)(5) 

11 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 

12 3414(5)), section 626 of the Fair Credit Reporting Act 

13 (15 U.S.C. 1681u), or section 627 of the Fair Credit Re14 porting Act (15 U.S.C. 1681v). 

15 (b) CONSIDERATIONS.—In reviewing and revising the 

16 procedures described in subsection (a), the Attorney Gen17 eral shall give due consideration to the privacy interests 

18 of individuals and the need to protect national security. 

19 (c) REVISIONS TO PROCEDURES AND OVERSIGHT.— 

20 If the Attorney General makes any significant changes to 

21 the procedures described in subsection (a), the Attorney 

22 General shall notify and submit a copy of the changes to 

23 the Committee on the Judiciary and the Select Committee 

24 on Intelligence of the Senate and the Committee on the 

25 Judiciary and the Permanent Select Committee on Intel26 ligence of the House of Representatives. 


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1 SEC. 13. SEVERABILITY. 

2 If any provision of this Act or an amendment made 

3 by this Act, or the application of the provision to any per4 son or circumstance, is held to be unconstitutional, the 

5 remainder of this Act and the amendments made by this 

6 Act, and the application of the provisions of this Act and 

7 the amendments made by this Act to any other person 

8 or circumstance, shall not be affected thereby. 

9 SEC. 14. OFFSET. 

10 Of the unobligated balances available in the Depart11 ment of Justice Assets Forfeiture Fund established under 

12 section 524(c)(1) of title 28, United States Code, 

13 $5,000,000 are permanently rescinded and shall be re14 turned to the general fund of the Treasury. 

15 SEC. 15. ELECTRONIC SURVEILLANCE. 

16 Section 105(c)(1)(A) of the Foreign Intelligence Sur17 veillance Act of 1978 (50 U.S.C. 1805(c)(1)(A)) is amended 

18 by inserting ‘‘with particularity’’ after ‘‘description’’. 

19 SEC. 16. DEATH PENALTY FOR CERTAIN TERROR RELATED 

20 CRIMES. 

21 (a) PARTICIPATION IN NUCLEAR AND WEAPONS OF

22 MASS DESTRUCTION THREATS TO THE UNITED STATES.— 

23 Section 832(c) of title 18, United States Code, is amended 

24 by inserting ‘‘punished by death if death results to any per25 son from the offense, or’’ after ‘‘shall be’’. 


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72 

•S 193 RS

1 (b) MISSILE SYSTEMS TO DESTROY AIRCRAFT.—Sec2 tion 2332g(c)(3) of title 18, United States Code, is amended 

3 by inserting ‘‘punished by death or’’ after ‘‘shall be’’. 

4 (c) ATOMIC WEAPONS.—The last sentence of section 

5 222 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2272) 

6 is amended by inserting ‘‘death or’’ before ‘‘imprisonment 

7 for life’’ the last place it appears. 

8 (d) RADIOLOGICAL DISPERSAL DEVICES.—Section 

9 2332h(c)(3) of title 18, United States Code, is amended by 

10 inserting ‘‘death or’’ before ‘‘imprisonment for life’’. 

11 (e) VARIOLA VIRUS.—Section 175c(c)(3) of title 18, 

12 United States Code, is amended by inserting ‘‘death or’’ be13 fore ‘‘imprisonment for life’’. 

14 SEC. 1517. EFFECTIVE DATE. 

15 The amendments made by sections 3, 4, 5, 6, 7, and 

16 11 shall take effect on the date that is 120 days after 

17 the date of enactment of this Act. 


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Calendar No. 18 

112TH CONGRESS 

1ST SESSION S. 193 

A BILL 

To extend the sunset of certain provisions of the 

USA PATRIOT Act, and for other purposes. 

MARCH 17, 2011 

Reported with amendments 


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