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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 193 Reported in Senate (RS)]

                                                        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.

    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 ``<DELETED>February, 28, 2011</DELETED> 
        May 27, 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.
    (d) FISA Amendments Act of 2008.--
            (1) Extension.--Section 403(b)(1) of the FISA Amendments 
        Act of 2008 (Public Law 110-261; 50 U.S.C. 1881 note) is 
        amended by striking ``December 31, 2012'' and inserting 
        ``December 31, 2013''.
            (2) Technical and conforming amendments.--Section 403(b)(2) 
        of such Act (Public Law 110-261; 122 Stat. 2474) is amended by 
        striking ``December 31, 2012'' and inserting ``December 31, 
        2013''.
            (3) Orders in effect.--Section 404(b)(1) of such Act 
        (Public Law 110-261; 50 U.S.C. 1801 note) is amended in the 
        heading by striking ``December 31, 2012'' and inserting 
        ``December 31, 2013''.

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:
                <DELETED>    ``(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--</DELETED>
                    ``(B) if the records sought contain bookseller 
                records, or are from a library and contain personally 
                identifiable information about a patron of the library, 
                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.''; <DELETED>and
        </DELETED>    (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<DELETED>.</DELETED>; and
            (4) by adding at the end the following:
    ``(i) Definitions.--In this section--
            ``(1) the term `bookseller records' means transactional 
        records reflecting the purchase (including subscription 
        purchase) or rental of books, journals, or magazines, whether 
        in digital form or in print, of an individual or entity engaged 
        in the sale or rental of books, journals, or magazines;
            ``(2) the term `library' has the meaning given that term in 
        section 213(1) of the Library Services and Technology Act (20 
        U.S.C. 9122(1));
            ``(3) the term `patron' means a purchaser, renter, 
        borrower, user, or subscriber of goods or services from a 
        library; and
            ``(4) the term `personally identifiable information' 
        includes information that identifies a person as having used, 
        requested, or obtained specific reading materials or services 
        from a library.''.
    (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:

``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
                            ``(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.
                    ``(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 
        <DELETED>and articulable</DELETED> 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 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--
                            (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 
        <DELETED>September 30, 2011</DELETED> March 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 
        2007, 2008, and 2009.
            ``(4) Calendar years 2010 and 2011.--Not later than 
        <DELETED>December 31, 2012</DELETED> March 31, 2013, 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 <DELETED>September 30, 2011</DELETED> March 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 Representative a report containing the results 
                of the assessment for calendar years 2007 through 2009.
                    ``(B) Calendar years 2010 and 2011.--Not later than 
                <DELETED>December 31, 2012</DELETED> March 31, 2013, 
                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 
        <DELETED>September 30, 2011</DELETED> March 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 
        2007, 2008, and 2009.
            ``(4) Calendar years 2010 and 2011.--Not later than 
        <DELETED>December 31, 2012</DELETED> March 31, 2013, 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 <DELETED>September 30, 2011</DELETED> March 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 2007 
                through 2009.
                    ``(B) Calendar years 2010 and 2011.--Not later than 
                <DELETED>December 31, 2012</DELETED> March 31, 2013, 
                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
            (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 <DELETED>September 30, 2011</DELETED> March 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 
                2007 through 2009.
                    (B) Calendar years 2010 and 2011.--Not later than 
                <DELETED>December 31, 2012</DELETED> March 31, 2013, 
                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 <DELETED>September 30, 2011</DELETED> 
                        March 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 2007 through 2009.
                            (ii) Calendar years 2010 and 2011.--Not 
                        later than <DELETED>December 31, 2012</DELETED> 
                        March 31, 2013, 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. ELECTRONIC SURVEILLANCE.

    Section 105(c)(1)(A) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1805(c)(1)(A)) is amended by inserting ``with 
particularity'' after ``description''.

SEC. 16. DEATH PENALTY FOR CERTAIN TERROR RELATED CRIMES.

    (a) Participation in Nuclear and Weapons of Mass Destruction 
Threats to the United States.--Section 832(c) of title 18, United 
States Code, is amended by inserting ``punished by death if death 
results to any person from the offense, or'' after ``shall be''.
    (b) Missile Systems to Destroy Aircraft.--Section 2332g(c)(3) of 
title 18, United States Code, is amended by inserting ``punished by 
death or'' after ``shall be''.
    (c) Atomic Weapons.--The last sentence of section 222 b. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by inserting 
``death or'' before ``imprisonment for life'' the last place it 
appears.
    (d) Radiological Dispersal Devices.--Section 2332h(c)(3) of title 
18, United States Code, is amended by inserting ``death or'' before 
``imprisonment for life''.
    (e) Variola Virus.--Section 175c(c)(3) of title 18, United States 
Code, is amended by inserting ``death or'' before ``imprisonment for 
life''.

SEC. <DELETED>15</DELETED>17. 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.
                                                        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
```