II 

111TH CONGRESS 

1ST SESSION S. 1692 

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

the authority to issue national security letters, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2009 

Mr. LEAHY (for himself, Mr. CARDIN, and Mr. KAUFMAN) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To extend the sunset of certain provisions of the USA PATRIOT Act and the authority to issue national security 

letters, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Sunset Extension Act of 2009’’. 

6 SEC. 2. SUNSETS. 

7 (a) SECTIONS 206 AND 215 SUNSET.— 

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

9 USA PATRIOT Improvement and Reauthorization 


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

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

3 note) is amended by striking ‘‘2009’’ and inserting 

4 ‘‘2013’’. 

5 (2) CONFORMING AMENDMENTS.— 

6 (A) IN GENERAL.—Section 601(a)(1)(D) 

7 of the Foreign Intelligence Surveillance Act of 

8 1978 (50 U.S.C. 1871(a)(1)(D)) is amended by 

9 striking ‘‘section 501;’’ and inserting ‘‘section 

10 502 or under section 501 pursuant to section 

11 102(b)(2) the USA PATRIOT Improvement 

12 and Reauthorization Act of 2005 (Public Law 

13 109–177; 50 U.S.C. 1861 note);’’. 

14 (B) APPLICATION UNDER SECTION 404 OF

15 THE FISA AMENDMENTS ACT OF 2008.—Section 

16 404(b)(4)(A) of the FISA Amendments Act of 

17 2008 (Public Law 110–261; 122 Stat. 2477) is 

18 amended by striking the period at the end and 

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

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

21 as follows: 

22 ‘(D) access to records under section 502 or 

23 under section 501 pursuant to section 

24 102(b)(2) the USA PATRIOT Improvement 


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1 and Reauthorization Act of 2005 (Public Law 

2 109–177; 50 U.S.C. 1861 note);’.’’. 

3 (C) EFFECTIVE DATE.—The amendments 

4 made by this paragraph shall take effect on De5 cember 31, 2013. 

6 (b) EXTENSION OF SUNSET RELATING TO INDI7 VIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.— 

8 (1) IN GENERAL.—Section 6001(b) of the Intel9 ligence Reform and Terrorism Prevention Act of 

10 2004 (Public Law 108–458; 50 U.S.C. 1801 note) 

11 is amended to read as follows: 

12 ‘‘(b) SUNSET.— 

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

14 101(b)(1) of the Foreign Intelligence Surveillance 

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

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

17 2013. 

18 ‘‘(2) TRANSITION PROVISION.—Notwithstanding 

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

20 101(b)(1) of the Foreign Intelligence Surveillance 

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

22 to apply after December 31, 2013, with respect to 

23 any particular foreign intelligence investigation or 

24 with respect to any particular offense or potential ofVerDate Nov 24 2008 00:08 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1692.IS S1692

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1 fense that began or occurred before December 31, 

2 2013.’’. 

3 (2) CONFORMING AMENDMENT.— 

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

5 the Foreign Intelligence Surveillance Act of 

6 1978 (50 U.S.C. 1871(a)(2)) is amended by 

7 striking the semicolon at the end and inserting 

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

9 of the Intelligence Reform and Terrorism Pre10 vention Act of 2004 (Public Law 108–458; 50 

11 U.S.C. 1801 note);’’. 

12 (B) EFFECTIVE DATE.—The amendment 

13 made by subparagraph (A) shall take effect on 

14 December 31, 2013. 

15 (c) NATIONAL SECURITY LETTERS.— 

16 (1) IN GENERAL.—Effective on December 31, 

17 2013, the following provisions of law are repealed: 

18 (A) Section 2709 of title 18, United States 

19 Code. 

20 (B) Section 1114(a)(5) of the Right to Fi21 nancial Privacy Act of 1978 (12 U.S.C. 

22 3414(a)(5)). 

23 (C) Subsections (a) and (b) of section 626 

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

25 1681u). 


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1 (D) Section 627 of the Fair Credit Report2 ing Act (15 U.S.C. 1681v). 

3 (E) Section 802 of the National Security 

4 Act of 1947 (50 U.S.C. 436). 

5 (2) TRANSITION PROVISION.—Notwithstanding 

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

7 paragraph (1) shall continue to apply after Decem8 ber 31, 2013, with respect to any particular foreign 

9 intelligence investigation or with respect to any par10 ticular offense or potential offense that began or oc11 curred before December 31, 2013. 

12 (3) TECHNICAL AND CONFORMING AMEND13 MENTS.— 

14 (A) TITLE 18.—Title 18, United States 

15 Code, is amended— 

16 (i) in the table of sections for chapter 

17 121, by striking the item relating to sec18 tion 2709; 

19 (ii) by striking section 3511; and 

20 (iii) in the table of sections for chap21 ter 223, by striking the item relating to 

22 section 3511. 

23 (B) FAIR CREDIT REPORTING ACT.—The 

24 Fair Credit Reporting Act (15 U.S.C. 1681) is 

25 amended— 


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1 (i) in section 626 (15 U.S.C. 

2 1681u)— 

3 (I) in subsection (d)(1), by strik4 ing ‘‘the identity of financial institu5 tions or a consumer report respecting 

6 any consumer under subsection (a), 

7 (b), or (c)’’ and inserting ‘‘a consumer 

8 report respecting any consumer under 

9 subsection (c)’’; 

10 (II) in subsection (h)(1), by 

11 striking ‘‘subsections (a), (b), and 

12 (c)’’ and inserting ‘‘subsection (c)’’; 

13 and 

14 (ii) in the table of sections, by striking 

15 the item relating to section 627. 

16 (C) NATIONAL SECURITY ACT OF 1947.— 

17 The National Security Act of 1947 (50 U.S.C. 

18 401 et seq.) is amended— 

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

20 415b(b))— 

21 (I) by striking paragraph (5); 

22 and 

23 (II) by redesignating paragraph 

24 (6) as paragraph (5); and 


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1 (ii) in the table of contents, by strik2 ing the item relating to section 802. 

3 (D) EFFECTIVE DATE.—The amendments 

4 made by this paragraph shall take effect on De5 cember 31, 2013. 

6 SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS 

7 FOR ACCESS TO TANGIBLE THINGS. 

8 (a) IN GENERAL.—Section 501 of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

10 amended— 

11 (1) in the section heading, by striking ‘‘CER12 TAIN BUSINESS RECORDS’’ and inserting ‘‘TAN13 GIBLE THINGS’’; 

14 (2) in subsection (b)(2), by striking subpara15 graphs (A) and (B) and inserting the following: 

16 ‘‘(A) a statement of facts showing that 

17 there are reasonable grounds to believe that the 

18 records or other things sought— 

19 ‘‘(i) are relevant to an authorized in20 vestigation (other than a threat assess21 ment) conducted in accordance with sub22 section (a)(2) to obtain foreign intelligence 

23 information not concerning a United 

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1 national terrorism or clandestine intel2 ligence activities; and 

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

4 an agent of a foreign power; 

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

6 a suspected agent of a foreign power who 

7 is the subject of such authorized investiga8 tion; or 

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

11 of a foreign power; and 

12 ‘‘(B) a statement of proposed minimization 

13 procedures.’’; and 

14 (3) in subsection (c)— 

15 (A) in paragraph (1)— 

16 (i) by inserting ‘‘and that the pro17 posed minimization procedures meet the 

18 definition of minimization procedures 

19 under subsection (g)’’ after ‘‘subsections 

20 (a) and (b)’’; and 

21 (ii) by striking the second sentence; 

22 and 

23 (B) in paragraph (2)— 

24 (i) in subparagraph (D), by striking 

25 ‘‘and’’ at the end; 


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1 (ii) in subparagraph (E), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(F) shall direct that the minimization 

7 procedures be followed.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) TITLE HEADING.—Title V of the Foreign 

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

11 1861 et seq.) is amended in the title heading by 

12 striking ‘‘CERTAIN BUSINESS RECORDS’’ and 

13 inserting ‘‘TANGIBLE THINGS’’. 

14 (2) TABLE OF CONTENTS.—The table of con15 tents in the first section of the Foreign Intelligence 

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

17 is amended by striking the items relating to title V 

18 and section 501 and inserting the following: 

‘‘TITLE V—ACCESS TO TANGIBLE THINGS FOR FOREIGN 

INTELLIGENCE PURPOSES 

‘‘Sec. 501. Access to tangible things for foreign intelligence purposes and international terrorism investigations.’’. 

19 SEC. 4. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS 

20 FOR PEN REGISTERS AND TRAP AND TRACE 

21 DEVICES FOR FOREIGN INTELLIGENCE PUR22 POSES. 

23 (a) IN GENERAL.— 


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1 (1) APPLICATION.—Section 402(c) of the For2 eign Intelligence Surveillance Act of 1978 (50 

3 U.S.C. 1842(c)) is amended— 

4 (A) in paragraph (1), by striking ‘‘and’’ at 

5 the end; and 

6 (B) by striking paragraph (2) and insert7 ing the following: 

8 ‘‘(2) a statement of facts showing that there 

9 are reasonable grounds to believe that the informa10 tion likely to be obtained— 

11 ‘‘(A) is relevant to an authorized investiga12 tion (other than a threat assessment) conducted 

13 in accordance with subsection (a)(1) to obtain 

14 foreign intelligence information not concerning 

15 a United States person or to protect against 

16 international terrorism or clandestine intel17 ligence activities; and 

18 ‘‘(B)(i) pertains to a foreign power or an 

19 agent of a foreign power; 

20 ‘‘(ii) is relevant to the activities of a sus21 pected agent of a foreign power who is the sub22 ject of such authorized investigation; or 

23 ‘‘(iii) pertains to an individual in contact 

24 with, or known to, a suspected agent of a for25 eign power; and 


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1 ‘‘(3) a statement of proposed minimization pro2 cedures.’’. 

3 (2) MINIMIZATION.— 

4 (A) DEFINITION.—Section 401 of the For5 eign Intelligence Surveillance Act of 1978 (50 

6 U.S.C. 1841) is amended by adding at the end 

7 the following: 

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

9 means— 

10 ‘‘(A) specific procedures that are reason11 ably designed in light of the purpose and tech12 nique of an order for the installation and use 

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

14 minimize the acquisition and retention, and pro15 hibit the dissemination, of nonpublicly available 

16 information concerning unconsenting United 

17 States persons consistent with the need of the 

18 United States to obtain, produce, and dissemi19 nate foreign intelligence information; 

20 ‘‘(B) procedures that require that nonpub21 licly available information, which is not foreign 

22 intelligence information, as defined in section 

23 101(e)(1), shall not be disseminated in a man24 ner that identifies any United States person, 

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1 son’s identity is necessary to understand foreign 

2 intelligence information or assess its impor3 tance; and 

4 ‘‘(C) notwithstanding subparagraphs (A) 

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

6 and dissemination of information that is evi7 dence of a crime which has been, is being, or 

8 is about to be committed and that is to be re9 tained or disseminated for law enforcement pur10 poses.’’. 

11 (B) PEN REGISTERS AND TRAP AND TRACE

12 DEVICES.—Section 402 of the Foreign Intel13 ligence Surveillance Act of 1978 (50 U.S.C. 

14 1842) is amended— 

15 (i) in subsection (d)— 

16 (I) in paragraph (1), by inserting 

17 ‘‘, and that the proposed minimization 

18 procedures meet the definition of 

19 minimization procedures under this 

20 title’’ before the period at the end; 

21 and 

22 (II) in paragraph (2)(B)— 

23 (aa) in clause (ii)(II), by 

24 striking ‘‘and’’ after the semi25 colon; and 


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1 (bb) by adding at the end 

2 the following: 

3 ‘‘(iv) the minimization procedures be 

4 followed; and’’; and 

5 (ii) by adding at the end the fol6 lowing: 

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

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

9 and trace device is approved under an order or an exten10 sion under this section, the judge may assess compliance 

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

13 States persons was acquired, retained, or disseminated.’’. 

14 (C) EMERGENCIES.—Section 403 of the 

15 Foreign Intelligence Surveillance Act of 1978 

16 (50 U.S.C. 1843) is amended— 

17 (i) by redesignating subsection (c) as 

18 (d); and 

19 (ii) by inserting after subsection (b) 

20 the following: 

21 ‘‘(c) If the Attorney General authorizes the emer22 gency installation and use of a pen register or trap and 

23 trace device under this section, the Attorney General shall 

24 require that the minimization procedures required by this 

25 title for the issuance of a judicial order be followed.’’. 


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1 (D) USE OF INFORMATION.—Section 

2 405(a) of the Foreign Intelligence Surveillance 

3 Act of 1978 (50 U.S.C. 1845(a)) is amended by 

4 striking ‘‘provisions of’’ and inserting ‘‘mini5 mization procedures required under’’. 

6 SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECU7 RITY LETTERS. 

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

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

10 inserting the following: 

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

12 ‘‘(1) PROHIBITION.— 

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

14 issued under subparagraph (B) and notice of 

15 the right to judicial review under paragraph (4) 

16 is provided, no wire or electronic communica17 tion service provider, or officer, employee, or 

18 agent thereof, that receives a request under 

19 subsection (a), shall disclose to any person the 

20 particular information specified in the certifi21 cation during the time period to which the cer22 tification applies, which may be not longer than 

23 1 year. 

24 ‘‘(B) CERTIFICATION.—The requirements 

25 of subparagraph (A) shall apply if the Director 


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1 of the Federal Bureau of Investigation, or a 

2 designee of the Director whose rank shall be no 

3 lower than Deputy Assistant Director at Bu4 reau headquarters or a Special Agent in Charge 

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

6 prohibition of disclosure under this subsection, 

7 there may result— 

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

9 of the United States; 

10 ‘‘(ii) interference with a criminal, 

11 counterterrorism, or counterintelligence in12 vestigation; 

13 ‘‘(iii) interference with diplomatic re14 lations; or 

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

16 safety of any person. 

17 ‘‘(2) EXCEPTION.— 

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

19 communication service provider, or officer, em20 ployee, or agent thereof, that receives a request 

21 under subsection (a) may disclose information 

22 otherwise subject to any applicable nondisclo23 sure requirement to— 


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1 ‘‘(i) those persons to whom disclosure 

2 is necessary in order to comply with the re3 quest; 

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

5 legal advice or assistance regarding the re6 quest; or 

7 ‘‘(iii) other persons as permitted by 

8 the Director of the Federal Bureau of In9 vestigation or the designee of the Director. 

10 ‘‘(B) NONDISCLOSURE REQUIREMENT.—A 

11 person to whom disclosure is made under sub12 paragraph (A) shall be subject to the nondisclo13 sure requirements applicable to a person to 

14 whom a request is issued under subsection (a) 

15 in the same manner as the person to whom the 

16 request is issued. 

17 ‘‘(C) NOTICE.—Any recipient that dis18 closes to a person described in subparagraph 

19 (A) information otherwise subject to a non20 disclosure requirement shall inform the person 

21 of the applicable nondisclosure requirement. 

22 ‘‘(3) EXTENSION.—The Director of the Federal 

23 Bureau of Investigation, or a designee of the Direc24 tor whose rank shall be no lower than Deputy As25 sistant Director at Bureau headquarters or a Special 


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1 Agent in Charge in a Bureau field office, may ex2 tend a nondisclosure requirement for additional peri3 ods of not longer than 1 year if, at the time of each 

4 extension, a new certification is made under para5 graph (1)(B) and notice is provided to the recipient 

6 of the applicable request that the nondisclosure re7 quirement has been extended and the recipient has 

8 the right to judicial review of the nondisclosure re9 quirement. 

10 ‘‘(4) RIGHT TO JUDICIAL REVIEW.— 

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

12 communications service provider that receives a 

13 request under subsection (a) shall have the 

14 right to judicial review of any applicable non15 disclosure requirement and any extension there16 of. 

17 ‘‘(B) TIMING.— 

18 ‘‘(i) IN GENERAL.—A request under 

19 subsection (a) shall state that if the recipi20 ent wishes to have a court review a non21 disclosure requirement, the recipient shall 

22 notify the Government not later than 21 

23 days after the date of receipt of the re24 quest. 


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1 ‘‘(ii) EXTENSION.—A notice that the 

2 applicable nondisclosure requirement has 

3 been extended under paragraph (3) shall 

4 state that if the recipient wishes to have a 

5 court review the nondisclosure require6 ment, the recipient shall notify the Govern7 ment not later than 21 days after the date 

8 of receipt of the notice. 

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

10 recipient of a request under subsection (a) 

11 makes a notification under subparagraph (B), 

12 the Government shall initiate judicial review 

13 under the procedures established in section 

14 3511 of this title. 

15 ‘‘(5) TERMINATION.—If the facts supporting a 

16 nondisclosure requirement cease to exist prior to the 

17 applicable time period of the nondisclosure require18 ment, an appropriate official of the Federal Bureau 

19 of Investigation shall promptly notify the wire or 

20 electronic service provider, or officer, employee, or 

21 agent thereof, subject to the nondisclosure require22 ment that the nondisclosure requirement is no longer 

23 in effect.’’. 

24 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

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1 porting Act (15 U.S.C. 1681u) is amended by striking 

2 subsection (d) and inserting the following: 

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

4 ‘‘(1) PROHIBITION.— 

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

6 issued under subparagraph (B) and notice of 

7 the right to judicial review under paragraph (4) 

8 is provided, no consumer reporting agency, or 

9 officer, employee, or agent thereof, that receives 

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

11 (c), shall disclose to any person the particular 

12 information specified in the certification during 

13 the time period to which the certification ap14 plies, which may be not longer than 1 year. 

15 ‘‘(B) CERTIFICATION.—The requirements 

16 of subparagraph (A) shall apply if the Director 

17 of the Federal Bureau of Investigation, or a 

18 designee of the Director whose rank shall be no 

19 lower than Deputy Assistant Director at Bu20 reau headquarters or a Special Agent in Charge 

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

22 prohibition of disclosure under this subsection, 

23 there may result— 

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

25 of the United States; 


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1 ‘‘(ii) interference with a criminal, 

2 counterterrorism, or counterintelligence in3 vestigation; 

4 ‘‘(iii) interference with diplomatic re5 lations; or 

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

7 safety of any person. 

8 ‘‘(2) EXCEPTION.— 

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

10 agency, or officer, employee, or agent thereof, 

11 that receives a request or order under sub12 section (a), (b), or (c) may disclose information 

13 otherwise subject to any applicable nondisclo14 sure requirement to— 

15 ‘‘(i) those persons to whom disclosure 

16 is necessary in order to comply with the re17 quest or order; 

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

19 legal advice or assistance regarding the re20 quest or order; or 

21 ‘‘(iii) other persons as permitted by 

22 the Director of the Federal Bureau of In23 vestigation or the designee of the Director. 

24 ‘‘(B) NONDISCLOSURE REQUIREMENT.—A 

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1 paragraph (A) shall be subject to the nondisclo2 sure requirements applicable to a person to 

3 whom a request or order is issued under sub4 section (a), (b), or (c) in the same manner as 

5 the person to whom the request or order is 

6 issued. 

7 ‘‘(C) NOTICE.—Any recipient that dis8 closes to a person described in subparagraph 

9 (A) information otherwise subject to a non10 disclosure requirement shall inform the person 

11 of the applicable nondisclosure requirement. 

12 ‘‘(3) EXTENSION.—The Director of the Federal 

13 Bureau of Investigation, or a designee of the Direc14 tor whose rank shall be no lower than Deputy As15 sistant Director at Bureau headquarters or a Special 

16 Agent in Charge in a Bureau field office, may ex17 tend a nondisclosure requirement for additional peri18 ods of not longer than 1 year if, at the time of each 

19 extension, a new certification is made under para20 graph (1)(B) and notice is provided to the recipient 

21 of the applicable request or order that the nondisclo22 sure requirement has been extended and the recipi23 ent has the right to judicial review of the nondisclo24 sure requirement. 

25 ‘‘(4) RIGHT TO JUDICIAL REVIEW.— 


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

2 agency that receives a request or order under 

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

4 to judicial review of any applicable nondisclo5 sure requirement and any extension thereof. 

6 ‘‘(B) TIMING.— 

7 ‘‘(i) IN GENERAL.—A request or order 

8 under subsection (a), (b), or (c) shall state 

9 that if the recipient wishes to have a court 

10 review a nondisclosure requirement, the re11 cipient shall notify the Government not 

12 later than 21 days after the date of receipt 

13 of the request or order. 

14 ‘‘(ii) EXTENSION.—A notice that the 

15 applicable nondisclosure requirement has 

16 been extended under paragraph (3) shall 

17 state that if the recipient wishes to have a 

18 court review the nondisclosure require19 ment, the recipient shall notify the Govern20 ment not later than 21 days after the date 

21 of receipt of the notice. 

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

23 recipient of a request or order under subsection 

24 (a), (b), or (c) makes a notification under sub25 paragraph (B), the Government shall initiate 


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1 judicial review under the procedures established 

2 in section 3511 of title 18, United States Code. 

3 ‘‘(5) TERMINATION.—If the facts supporting a 

4 nondisclosure requirement cease to exist prior to the 

5 applicable time period of the nondisclosure require6 ment, an appropriate official of the Federal Bureau 

7 of Investigation shall promptly notify the consumer 

8 reporting agency, or officer, employee, or agent 

9 thereof, subject to the nondisclosure requirement 

10 that the nondisclosure requirement is no longer in 

11 effect.’’. 

12 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

13 FOR COUNTERTERRORISM PURPOSES.—Section 627 of the 

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

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

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

17 ‘‘(1) PROHIBITION.— 

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

19 issued under subparagraph (B) and notice of 

20 the right to judicial review under paragraph (4) 

21 is provided, no consumer reporting agency, or 

22 officer, employee, or agent thereof, that receives 

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

24 any person the particular information specified 

25 in the certification during the time period to 


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1 which the certification applies, which may be 

2 not longer than 1 year. 

3 ‘‘(B) CERTIFICATION.—The requirements 

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

5 a government agency authorized to conduct in6 vestigations of intelligence or counterintelligence 

7 activities or analysis related to international 

8 terrorism, or a designee, certifies that, absent a 

9 prohibition of disclosure under this subsection, 

10 there may result— 

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

12 of the United States; 

13 ‘‘(ii) interference with a criminal, 

14 counterterrorism, or counterintelligence in15 vestigation; 

16 ‘‘(iii) interference with diplomatic re17 lations; or 

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

19 safety of any person. 

20 ‘‘(2) EXCEPTION.— 

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

22 agency, or officer, employee, or agent thereof, 

23 that receives a request under subsection (a) 

24 may disclose information otherwise subject to 

25 any applicable nondisclosure requirement to— 


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1 ‘‘(i) those persons to whom disclosure 

2 is necessary in order to comply with the re3 quest; 

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

5 legal advice or assistance regarding the re6 quest; or 

7 ‘‘(iii) other persons as permitted by 

8 the head of the government agency author9 ized to conduct investigations of intel10 ligence or counterintelligence activities or 

11 analysis related to international terrorism, 

12 or a designee. 

13 ‘‘(B) NONDISCLOSURE REQUIREMENT.—A 

14 person to whom disclosure is made under sub15 paragraph (A) shall be subject to the nondisclo16 sure requirements applicable to a person to 

17 whom a request is issued under subsection (a) 

18 in the same manner as the person to whom the 

19 request is issued. 

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

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

24 of the applicable nondisclosure requirement. 


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1 ‘‘(3) EXTENSION.—The head of a government 

2 agency authorized to conduct investigations of intel3 ligence or counterintelligence activities or analysis 

4 related to international terrorism, or a designee, 

5 may extend a nondisclosure requirement for addi6 tional periods of not longer than 1 year if, at the 

7 time of each extension, a new certification is made 

8 under paragraph (1)(B) and notice is provided to 

9 the recipient of the applicable request that the non10 disclosure requirement has been extended and the 

11 recipient has the right to judicial review of the non12 disclosure requirement. 

13 ‘‘(4) RIGHT TO JUDICIAL REVIEW.— 

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

15 agency that receives a request under subsection 

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

17 applicable nondisclosure requirement and any 

18 extension thereof. 

19 ‘‘(B) TIMING.— 

20 ‘‘(i) IN GENERAL.—A request under 

21 subsection (a) shall state that if the recipi22 ent wishes to have a court review a non23 disclosure requirement, the recipient shall 

24 notify the Government not later than 21 


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1 days after the date of receipt of the re2 quest. 

3 ‘‘(ii) EXTENSION.—A notice that the 

4 applicable nondisclosure requirement has 

5 been extended under paragraph (3) shall 

6 state that if the recipient wishes to have a 

7 court review the nondisclosure require8 ment, the recipient shall notify the Govern9 ment not later than 21 days after the date 

10 of receipt of the notice. 

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

12 recipient of a request under subsection (a) 

13 makes a notification under subparagraph (B), 

14 the Government shall initiate judicial review 

15 under the procedures established in section 

16 3511 of title 18, United States Code. 

17 ‘‘(5) TERMINATION.—If the facts supporting a 

18 nondisclosure requirement cease to exist prior to the 

19 applicable time period of the nondisclosure require20 ment, an appropriate official of the government 

21 agency authorized to conduct investigations of intel22 ligence or counterintelligence activities or analysis 

23 related to international terrorism shall promptly no24 tify the consumer reporting agency, or officer, em25 ployee, or agent thereof, subject to the nondisclosure 


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1 requirement that the nondisclosure requirement is 

2 no longer in effect.’’. 

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

4 Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)) is 

5 amended by striking subparagraph (D) and inserting the 

6 following: 

7 ‘‘(D) PROHIBITION OF CERTAIN DISCLO8 SURE.— 

9 ‘‘(i) PROHIBITION.— 

10 ‘‘(I) IN GENERAL.—If a certifi11 cation is issued under subclause (II) 

12 and notice of the right to judicial re13 view under clause (iv) is provided, no 

14 financial institution, or officer, em15 ployee, or agent thereof, that receives 

16 a request under subparagraph (A), 

17 shall disclose to any person the par18 ticular information specified in the 

19 certification during the time period to 

20 which the certification applies, which 

21 may be not longer than 1 year. 

22 ‘‘(II) CERTIFICATION.—The re23 quirements of subclause (I) shall 

24 apply if the Director of the Federal 

25 Bureau of Investigation, or a designee 


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1 of the Director whose rank shall be no 

2 lower than Deputy Assistant Director 

3 at Bureau headquarters or a Special 

4 Agent in Charge of a Bureau field of5 fice, certifies that, absent a prohibi6 tion of disclosure under this subpara7 graph, there may result— 

8 ‘‘(aa) a danger to the na9 tional security of the United 

10 States; 

11 ‘‘(bb) interference with a 

12 criminal, counterterrorism, or 

13 counterintelligence investigation; 

14 ‘‘(cc) interference with diplo15 matic relations; or 

16 ‘‘(dd) danger to the life or 

17 physical safety of any person. 

18 ‘‘(ii) EXCEPTION.— 

19 ‘‘(I) IN GENERAL.—A financial 

20 institution, or officer, employee, or 

21 agent thereof, that receives a request 

22 under subparagraph (A) may disclose 

23 information otherwise subject to any 

24 applicable nondisclosure requirement 

25 to— 


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1 ‘‘(aa) those persons to whom 

2 disclosure is necessary in order to 

3 comply with the request; 

4 ‘‘(bb) an attorney in order 

5 to obtain legal advice or assist6 ance regarding the request; or 

7 ‘‘(cc) other persons as per8 mitted by the Director of the 

9 Federal Bureau of Investigation 

10 or the designee of the Director. 

11 ‘‘(II) NONDISCLOSURE REQUIRE12 MENT.—A person to whom disclosure 

13 is made under subclause (I) shall be 

14 subject to the nondisclosure require15 ments applicable to a person to whom 

16 a request is issued under subpara17 graph (A) in the same manner as the 

18 person to whom the request is issued. 

19 ‘‘(III) NOTICE.—Any recipient 

20 that discloses to a person described in 

21 subclause (I) information otherwise 

22 subject to a nondisclosure requirement 

23 shall inform the person of the applica24 ble nondisclosure requirement. 


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1 ‘‘(iii) EXTENSION.—The Director of 

2 the Federal Bureau of Investigation, or a 

3 designee of the Director whose rank shall 

4 be no lower than Deputy Assistant Direc5 tor at Bureau headquarters or a Special 

6 Agent in Charge in a Bureau field office, 

7 may extend a nondisclosure requirement 

8 for additional periods of not longer than 1 

9 year if, at the time of each extension, a 

10 new certification is made under clause 

11 (i)(II) and notice is provided to the recipi12 ent of the applicable request that the non13 disclosure requirement has been extended 

14 and the recipient has the right to judicial 

15 review of the nondisclosure requirement. 

16 ‘‘(iv) RIGHT TO JUDICIAL REVIEW.— 

17 ‘‘(I) IN GENERAL.—A financial 

18 institution that receives a request 

19 under subparagraph (A) shall have 

20 the right to judicial review of any ap21 plicable nondisclosure requirement 

22 and any extension thereof. 

23 ‘‘(II) TIMING.— 

24 ‘‘(aa) IN GENERAL.—A re25 quest under subparagraph (A) 


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1 shall state that if the recipient 

2 wishes to have a court review a 

3 nondisclosure requirement, the 

4 recipient shall notify the Govern5 ment not later than 21 days after 

6 the date of receipt of the request. 

7 ‘‘(bb) EXTENSION.—A no8 tice that the applicable nondisclo9 sure requirement has been ex10 tended under clause (iii) shall 

11 state that if the recipient wishes 

12 to have a court review the non13 disclosure requirement, the re14 cipient shall notify the Govern15 ment not later than 21 days after 

16 the date of receipt of the notice. 

17 ‘‘(III) INITIATION OF PRO18 CEEDINGS.—If a recipient of a re19 quest under subparagraph (A) makes 

20 a notification under subclause (II), 

21 the Government shall initiate judicial 

22 review under the procedures estab23 lished in section 3511 of title 18, 

24 United States Code. 


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1 ‘‘(v) TERMINATION.—If the facts sup2 porting a nondisclosure requirement cease 

3 to exist prior to the applicable time period 

4 of the nondisclosure requirement, an ap5 propriate official of the Federal Bureau of 

6 Investigation shall promptly notify the fi7 nancial institution, or officer, employee, or 

8 agent thereof, subject to the nondisclosure 

9 requirement that the nondisclosure require10 ment is no longer in effect.’’. 

11 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

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

13 1947 (50 U.S.C. 436), is amended by striking subsection 

14 (b) and inserting the following: 

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

16 ‘‘(1) PROHIBITION.— 

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

18 issued under subparagraph (B) and notice of 

19 the right to judicial review under paragraph (4) 

20 is provided, no governmental or private entity, 

21 or officer, employee, or agent thereof, that re22 ceives a request under subsection (a), shall dis23 close to any person the particular information 

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1 riod to which the certification applies, which 

2 may be not longer than 1 year. 

3 ‘‘(B) CERTIFICATION.—The requirements 

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

5 an authorized investigative agency described in 

6 subsection (a), or a designee, certifies that, ab7 sent a prohibition of disclosure under this sub8 section, there may result— 

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

10 of the United States; 

11 ‘‘(ii) interference with a criminal, 

12 counterterrorism, or counterintelligence in13 vestigation; 

14 ‘‘(iii) interference with diplomatic re15 lations; or 

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

17 safety of any person. 

18 ‘‘(2) EXCEPTION.— 

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

20 private entity, or officer, employee, or agent 

21 thereof, that receives a request under sub22 section (a) may disclose information otherwise 

23 subject to any applicable nondisclosure require24 ment to— 


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1 ‘‘(i) those persons to whom disclosure 

2 is necessary in order to comply with the re3 quest; 

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

5 legal advice or assistance regarding the re6 quest; or 

7 ‘‘(iii) other persons as permitted by 

8 the head of the authorized investigative 

9 agency described in subsection (a). 

10 ‘‘(B) NONDISCLOSURE REQUIREMENT.—A 

11 person to whom disclosure is made under sub12 paragraph (A) shall be subject to the nondisclo13 sure requirements applicable to a person to 

14 whom a request is issued under subsection (a) 

15 in the same manner as the person to whom the 

16 request is issued. 

17 ‘‘(C) NOTICE.—Any recipient that dis18 closes to a person described in subparagraph 

19 (A) information otherwise subject to a non20 disclosure requirement shall inform the person 

21 of the applicable nondisclosure requirement. 

22 ‘‘(3) EXTENSION.—The head of an authorized 

23 investigative agency described in subsection (a), or a 

24 designee, may extend a nondisclosure requirement 

25 for additional periods of not longer than 1 year if, 


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1 at the time of each extension, a new certification is 

2 made under paragraph (1)(B) and notice is provided 

3 to the recipient of the applicable request that the 

4 nondisclosure requirement has been extended and 

5 the recipient has the right to judicial review of the 

6 nondisclosure requirement. 

7 ‘‘(4) RIGHT TO JUDICIAL REVIEW.— 

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

9 private entity that receives a request under sub10 section (a) shall have the right to judicial re11 view of any applicable nondisclosure require12 ment and any extension thereof. 

13 ‘‘(B) TIMING.— 

14 ‘‘(i) IN GENERAL.—A request under 

15 subsection (a) shall state that if the recipi16 ent wishes to have a court review a non17 disclosure requirement, the recipient shall 

18 notify the Government not later than 21 

19 days after the date of receipt of the re20 quest. 

21 ‘‘(ii) EXTENSION.—A notice that the 

22 applicable nondisclosure requirement has 

23 been extended under paragraph (3) shall 

24 state that if the recipient wishes to have a 

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1 ment, the recipient shall notify the Govern2 ment not later than 21 days after the date 

3 of receipt of the notice. 

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

5 recipient of a request under subsection (a) 

6 makes a notification under subparagraph (B), 

7 the Government shall initiate judicial review 

8 under the procedures established in section 

9 3511 of title 18, United States Code. 

10 ‘‘(5) TERMINATION.—If the facts supporting a 

11 nondisclosure requirement cease to exist prior to the 

12 applicable time period of the nondisclosure require13 ment, an appropriate official of the authorized inves14 tigative agency described in subsection (a) shall 

15 promptly notify the governmental or private entity, 

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

17 nondisclosure requirement that the nondisclosure re18 quirement is no longer in effect.’’. 

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

20 SECURITY LETTERS. 

21 (a) FISA.—Section 501(f)(2) of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) 

23 is amended— 

24 (1) in subparagraph (A)— 

25 (A) in clause (i)— 


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

2 and inserting ‘‘a production order or non3 disclosure order’’; and 

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

5 and all that follows; 

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

7 order or nondisclosure’’; and 

8 (2) in subparagraph (C)— 

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

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

11 (ii). 

12 (b) JUDICIAL REVIEW OF NATIONAL SECURITY LET13 TERS.—Section 3511(b) of title 18, United States Code, 

14 is amended to read as follows: 

15 ‘‘(b) NONDISCLOSURE.— 

16 ‘‘(1) IN GENERAL.— 

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

18 or order for a report, records, or other informa19 tion under section 2709 of this title, section 

20 626 or 627 of the Fair Credit Reporting Act 

21 (15 U.S.C. 1681u and 1681v), section 1114 of 

22 the Right to Financial Privacy Act (12 U.S.C. 

23 3414), or section 802 of the National Security 

24 Act of 1947 (50 U.S.C. 436), wishes to have a 

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1 posed in connection with the request, the recipi2 ent shall notify the Government not later than 

3 21 days after the date of receipt of the request 

4 or of notice that an applicable nondisclosure re5 quirement has been extended. 

6 ‘‘(B) APPLICATION.—Not later than 21 

7 days after the date of receipt of a notification 

8 under subparagraph (A), the Government shall 

9 apply for an order prohibiting the disclosure of 

10 particular information about the existence or 

11 contents of the relevant request or order. An 

12 application under this subparagraph may be 

13 filed in the district court of the United States 

14 for any district within which the authorized in15 vestigation that is the basis for the request or 

16 order is being conducted. The applicable non17 disclosure requirement shall remain in effect 

18 during the pendency of proceedings relating to 

19 the requirement. 

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

21 the United States that receives an application 

22 under subparagraph (B) should rule expedi23 tiously, and may issue a nondisclosure order for 

24 a period of not longer than 1 year, unless the 

25 facts justify a longer period of nondisclosure. 


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1 ‘‘(D) DENIAL.—If a district court of the 

2 United States rejects an application for a non3 disclosure order or extension thereof, the non4 disclosure requirement shall no longer be in ef5 fect. 

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

7 for a nondisclosure order or extension thereof under 

8 this subsection shall include— 

9 ‘‘(A) a statement of the facts indicating 

10 that, absent a prohibition of disclosure under 

11 this subsection, there may result— 

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

13 of the United States; 

14 ‘‘(ii) interference with a criminal, 

15 counterterrorism, or counterintelligence in16 vestigation; 

17 ‘‘(iii) interference with diplomatic re18 lations; or 

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

20 safety of any person; and 

21 ‘‘(B) the time period during which the 

22 Government believes the nondisclosure require23 ment should apply. 

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

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1 ment order or extension thereof under this sub2 section if the court determines that there is reason 

3 to believe that disclosure of the information subject 

4 to the nondisclosure requirement during the applica5 ble time period will result in— 

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

7 the United States; 

8 ‘‘(B) interference with a criminal, counter9 terrorism, or counterintelligence investigation; 

10 ‘‘(C) interference with diplomatic relations; 

11 or 

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

13 of any person. 

14 ‘‘(4) RENEWAL.—A nondisclosure order under 

15 this subsection may be renewed for additional peri16 ods of not longer than 1 year, unless the facts of the 

17 case justify a longer period of nondisclosure, upon 

18 submission of an application meeting the require19 ments of paragraph (2), and a determination by the 

20 court that the circumstances described in paragraph 

21 (3) continue to exist.’’. 

22 (c) MINIMIZATION.—Section 501(g) of the Foreign 

23 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) 

24 is amended— 


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1 (1) in paragraph (1), by striking ‘‘Not later 

2 than’’ and all that follows and inserting ‘‘At or be3 fore the end of the period of time for the production 

4 of tangible things under an order approved under 

5 this section or at any time after the production of 

6 tangible things under an order approved under this 

7 section, a judge may assess compliance with the 

8 minimization procedures by reviewing the cir9 cumstances under which information concerning 

10 United States persons was acquired, retained, or dis11 seminated.’’; and 

12 (2) in paragraph (2)(A), by inserting ‘‘acquisi13 tion and’’ after ‘‘to minimize the’’. 

14 SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL 

15 AND TRANSACTIONAL RECORDS. 

16 (a) IN GENERAL.—Section 2709(b)(1) of title 18, 

17 United States Code, is amended— 

18 (1) by striking ‘‘certifies in writing’’ and insert19 ing ‘‘provides a written certification by the Director 

20 (or a designee)’’; and 

21 (2) by inserting ‘‘that includes a statement of 

22 facts showing that there are reasonable grounds to 

23 believe’’ before ‘‘that the name,’’. 


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1 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

2 CREDIT REPORTS.—Section 626 of the Fair Credit Re3 porting Act (15 U.S.C. 1681u) is amended— 

4 (1) in subsection (a), by striking ‘‘has deter5 mined in writing, that such information is sought 

6 for’’ and inserting ‘‘provides to the consumer report7 ing agency a written determination that includes a 

8 statement of facts showing that there are reasonable 

9 grounds to believe that such information is relevant 

10 to’’; and 

11 (2) in subsection (b), by striking ‘‘has deter12 mined in writing that such information is sought 

13 for’’ and inserting ‘‘provides to the consumer report14 ing agency a written determination that includes a 

15 statement of facts showing that there are reasonable 

16 grounds to believe that such information is relevant 

17 to’’. 

18 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

19 FOR COUNTERTERRORISM PURPOSES.—Section 627(a) of 

20 the Fair Credit Reporting Act (15 U.S.C. 1681v(a)) is 

21 amended by inserting ‘‘that includes a statement of facts 

22 showing that there are reasonable grounds to believe’’ be23 fore ‘‘that such information is necessary for’’. 


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

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

3 3414(a)(5)(A)) is amended— 

4 (1) by striking ‘‘certifies in writing’’ and insert5 ing ‘‘provides a written certification by the Director 

6 (or a designee)’’; and 

7 (2) by striking ‘‘that such records are sought 

8 for foreign counter intelligence purposes’’ and insert9 ing ‘‘that includes a statement of facts showing that 

10 there are reasonable grounds to believe that such 

11 records are relevant to a foreign counterintelligence 

12 investigation’’. 

13 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

14 AGENCIES.—Section 802(a)(3) of the National Security 

15 Act of 1947 (50 U.S.C. 436(a)(3)), is amended— 

16 (1) by redesignating subparagraphs (B), (C), 

17 and (D) as subparagraphs (C), (D), and (E), respec18 tively; and 

19 (2) by inserting after subparagraph (A) the fol20 lowing: 

21 ‘‘(B) shall include a statement of facts showing 

22 that there are reasonable grounds to believe, based 

23 on credible information, that the person is, or may 

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1 ized manner to a foreign power or agent of a foreign 

2 power;’’. 

3 SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LET4 TERS. 

5 Section 118(c) of the USA PATRIOT Improvement 

6 and Reauthorization Act of 2005 (18 U.S.C. 3511 note) 

7 is amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding subparagraph 

10 (A), by striking ‘‘concerning different United 

11 States persons’’; and 

12 (B) in subparagraph (A), by striking ‘‘, ex13 cluding the number of requests for subscriber 

14 information’’; 

15 (2) by redesignating paragraph (2) as para16 graph (3); and 

17 (3) by inserting after paragraph (1) the fol18 lowing: 

19 ‘‘(2) CONTENT.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B), each report required under 

22 this subsection shall include the total number of 

23 requests described in paragraph (1) requiring 

24 disclosure of information concerning— 

25 ‘‘(i) United States persons; 


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1 ‘‘(ii) persons who are not United 

2 States persons; 

3 ‘‘(iii) persons who are the subjects of 

4 authorized national security investigations; 

5 or 

6 ‘‘(iv) persons who are not the subjects 

7 of authorized national security investiga8 tions. 

9 ‘‘(B) EXCEPTION.—With respect to the 

10 number of requests for subscriber information 

11 under section 2709 of title 18, United States 

12 Code, a report required under this subsection 

13 need not provide information separated into 

14 each of the categories described in subpara15 graph (A).’’. 

16 SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTEL17 LIGENCE SURVEILLANCE ACT. 

18 Section 601 of the Foreign Intelligence Surveillance 

19 Act of 1978 (50 U.S.C. 1871) is amended— 

20 (1) by redesignating subsections (b) through (e) 

21 as subsections (c) through (f), respectively; 

22 (2) by inserting after subsection (a) the fol23 lowing: 

24 ‘‘(b) PUBLIC REPORT.—The Attorney General shall 

25 make publicly available the portion of each report under 


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1 subsection (a) relating to paragraphs (1) and (2) of sub2 section (a).’’; and 

3 (3) in subsection (e), as so redesignated, by 

4 striking ‘‘subsection (c)’’ and inserting ‘‘subsection 

5 (d)’’. 

6 SEC. 10. AUDITS. 

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

8 PATRIOT Improvement and Reauthorization Act of 2005 

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

10 (1) in subsection (b)— 

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

12 and inserting ‘‘2012’’; and 

13 (B) in paragraph (5)(C), by striking ‘‘cal14 endar year 2006’’ and inserting ‘‘each of cal15 endar years 2006 through 2012’’; 

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

17 following: 

18 ‘‘(3) CALENDAR YEARS 2007 AND 2008.—Not 

19 later than December 31, 2010, the Inspector Gen20 eral of the Department of Justice shall submit to the 

21 Committee on the Judiciary and the Permanent Se22 lect Committee on Intelligence of the House of Rep23 resentatives and the Committee on the Judiciary and 

24 the Select Committee on Intelligence of the Senate 

25 a report containing the results of the audit conVerDate Nov 24 2008 00:08 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S1692.IS S1692

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1 ducted under this section for calendar years 2007 

2 and 2008. 

3 ‘‘(4) CALENDAR YEARS 2009 THROUGH 2012.— 

4 Not later than December 31, 2011, and every year 

5 thereafter through 2013, the Inspector General of 

6 the Department of Justice shall submit to the Com7 mittee on the Judiciary and the Permanent Select 

8 Committee on Intelligence of the House of Rep9 resentatives and the Committee on the Judiciary and 

10 the Select Committee on Intelligence of the Senate 

11 a report containing the results of the audit con12 ducted under this section for the previous calendar 

13 year.’’; 

14 (3) in subsection (d)— 

15 (A) in paragraph (1), by striking ‘‘or 

16 (c)(2)’’ and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’; 

17 and 

18 (B) in paragraph (2), by striking ‘‘and 

19 (c)(2)’’ and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’; 

20 and 

21 (4) in subsection (e), by striking ‘‘and (c)(2)’’ 

22 and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’. 

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

24 the USA PATRIOT Improvement and Reauthorization 


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

2 amended— 

3 (1) in subsection (b)(1), by striking ‘‘2006’’ 

4 and inserting ‘‘2012’’; 

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

6 following: 

7 ‘‘(3) CALENDAR YEARS 2007 AND 2008.—Not 

8 later than December 31, 2010, the Inspector Gen9 eral of the Department of Justice shall submit to the 

10 Committee on the Judiciary and the Permanent Se11 lect Committee on Intelligence of the House of Rep12 resentatives and the Committee on the Judiciary and 

13 the Select Committee on Intelligence of the Senate 

14 a report containing the results of the audit con15 ducted under this section for calendar years 2007 

16 and 2008. 

17 ‘‘(4) CALENDAR YEARS 2009 THROUGH 2012.— 

18 Not later than December 31, 2011, and every year 

19 thereafter through 2013, the Inspector General of 

20 the Department of Justice shall submit to the Com21 mittee on the Judiciary and the Permanent Select 

22 Committee on Intelligence of the House of Rep23 resentatives and the Committee on the Judiciary and 

24 the Select Committee on Intelligence of the Senate 

25 a report containing the results of the audit conVerDate Nov 24 2008 00:08 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1692.IS S1692

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1 ducted under this section for the previous calendar 

2 year.’’; 

3 (3) in subsection (d)— 

4 (A) in paragraph (1), by striking ‘‘or 

5 (c)(2)’’ and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’; 

6 and 

7 (B) in paragraph (2), by striking ‘‘or 

8 (c)(2)’’ and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’; 

9 and 

10 (4) in subsection (e), by striking ‘‘or (c)(2)’’ 

11 and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’. 

12 (c) PEN REGISTERS AND TRAP AND TRACE DE13 VICES.— 

14 (1) AUDITS.—The Inspector General of the De15 partment of Justice shall perform comprehensive au16 dits of the effectiveness and use, including any im17 proper or illegal use, of pen registers and trap and 

18 trace devices under title IV of the Foreign Intel19 ligence Surveillance Act of 1978 (50 U.S.C. 1841 et 

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

21 2007 and ending on December 31, 2012. 

22 (2) REQUIREMENTS.—The audits required 

23 under paragraph (1) shall include— 

24 (A) an examination of each instance in 

25 which the Attorney General or any other attorVerDate Nov 24 2008 00:08 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1692.IS S1692

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1 ney for the Government submitted an applica2 tion for an order or extension of an order under 

3 title IV of the Foreign Intelligence Surveillance 

4 Act of 1978, including whether the court grant5 ed, modified, or denied the application (includ6 ing an examination of the basis for any modi7 fication or denial); 

8 (B) an examination of each instance in 

9 which the Attorney General authorized the in10 stallation and use of a pen register or trap and 

11 trace device on an emergency basis under sec12 tion 403 of the Foreign Intelligence Surveil13 lance Act of 1978 (50 U.S.C. 1843); 

14 (C) whether the Federal Bureau of Inves15 tigation requested that the Department of Jus16 tice submit an application for an order or ex17 tension of an order under title IV of the For18 eign Intelligence Surveillance Act of 1978 and 

19 the request was not submitted to the court (in20 cluding an examination of the basis for not sub21 mitting the application); 

22 (D) whether bureaucratic or procedural 

23 impediments to the use of pen registers and 

24 trap and trace devices under title IV of the 

25 Foreign Intelligence Surveillance Act of 1978 


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1 prevent the Federal Bureau of Investigation 

2 from taking full advantage of the authorities 

3 provided under that title; 

4 (E) any noteworthy facts or circumstances 

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

6 trace device under title IV of the Foreign Intel7 ligence Surveillance Act of 1978, including any 

8 improper or illegal use of the authority provided 

9 under that title; and 

10 (F) an examination of the effectiveness of 

11 the authority under title IV of the Foreign In12 telligence Surveillance Act of 1978 as an inves13 tigative tool, including— 

14 (i) the importance of the information 

15 acquired to the intelligence activities of the 

16 Federal Bureau of Investigation or any 

17 other department or agency of the Federal 

18 Government; 

19 (ii) the manner in which the informa20 tion is collected, retained, analyzed, and 

21 disseminated by the Federal Bureau of In22 vestigation, including any direct access to 

23 the information provided to any other de24 partment, agency, or instrumentality of 


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1 Federal, State, local, or tribal governments 

2 or any private sector entity; 

3 (iii) with respect to calendar years 

4 2010 through 2012, an examination of the 

5 minimization procedures used in relation to 

6 pen registers and trap and trace devices 

7 under title IV of the Foreign Intelligence 

8 Surveillance Act of 1978 and whether the 

9 minimization procedures protect the con10 stitutional rights of United States persons; 

11 (iv) whether, and how often, the Fed12 eral Bureau of Investigation used informa13 tion acquired under a pen register or trap 

14 and trace device under title IV of the For15 eign Intelligence Surveillance Act of 1978 

16 to produce an analytical intelligence prod17 uct for distribution within the Federal Bu18 reau of Investigation, to the intelligence 

19 community (as defined in section 3(4) of 

20 the National Security Act of 1947 (50 

21 U.S.C. 401a(4))), or to other Federal, 

22 State, local, or tribal government depart23 ments, agencies, or instrumentalities; and 

24 (v) whether, and how often, the Fed25 eral Bureau of Investigation provided inVerDate Nov 24 2008 00:08 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S1692.IS S1692

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1 formation acquired under a pen register or 

2 trap and trace device under title IV of the 

3 Foreign Intelligence Surveillance Act of 

4 1978 to law enforcement authorities for 

5 use in criminal proceedings. 

6 (3) SUBMISSION DATES.— 

7 (A) PRIOR YEARS.—Not later than Decem8 ber 31, 2010, the Inspector General of the De9 partment of Justice shall submit to the Com10 mittee on the Judiciary and the Select Com11 mittee on Intelligence of the Senate and the 

12 Committee on the Judiciary and the Permanent 

13 Select Committee on Intelligence of the House 

14 of Representatives a report containing the re15 sults of the audit conducted under this section 

16 for calendar years 2007 thorough 2009. 

17 (B) CALENDAR YEARS 2010 THROUGH

18 2012.—Not later than December 31, 2011, and 

19 every year thereafter through 2013, the Inspec20 tor General of the Department of Justice shall 

21 submit to the Committee on the Judiciary and 

22 the Select Committee on Intelligence of the 

23 Senate and the Committee on the Judiciary and 

24 the Permanent Select Committee on Intelligence 

25 of the House of Representatives a report conVerDate Nov 24 2008 00:08 Sep 23, 2009 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S1692.IS S1692

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1 taining the results of the audit conducted under 

2 this section for the previous calendar year. 

3 (4) PRIOR NOTICE TO ATTORNEY GENERAL AND

4 DIRECTOR OF NATIONAL INTELLIGENCE; COM5 MENTS.— 

6 (A) NOTICE.—Not less than 30 days be7 fore the submission of a report under subpara8 graph (A) or (B) of paragraph (3), the Inspec9 tor General of the Department of Justice shall 

10 provide the report to the Attorney General and 

11 the Director of National Intelligence. 

12 (B) COMMENTS.—The Attorney General or 

13 the Director of National Intelligence may pro14 vide such comments to be included in a report 

15 submitted under subparagraph (A) or (B) of 

16 paragraph (3) as the Attorney General or the 

17 Director of National Intelligence may consider 

18 necessary. 

19 (5) UNCLASSIFIED FORM.—A report submitted 

20 under subparagraph (A) or (B) of paragraph (3) 

21 and any comments included under paragraph (4)(B) 

22 shall be in unclassified form, but may include a clas23 sified annex. 

Æ 


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