II 

Calendar No. 177 

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, Mr. KAUFMAN, Mr. SANDERS, Mrs. 

FEINSTEIN, Mr. WHITEHOUSE, and Ms. KLOBUCHAR) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

OCTOBER 13, 2009 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. SUNSETS. 

2 (a) SECTIONS 206 AND 215 SUNSET.— 

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

4 USA PATRIOT Improvement and Reauthorization 

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

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

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

8 ‘‘2013’’. 

9 (2) CONFORMING AMENDMENTS.— 

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

11 of the Foreign Intelligence Surveillance Act of 

12 1978 (50 U.S.C. 1871(a)(1)(D)) is amended by 

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

14 502 or under section 501 pursuant to section 

15 102(b)(2) the USA PATRIOT Improvement 

16 and Reauthorization Act of 2005 (Public Law 

17 109–177; 50 U.S.C. 1861 note);’’. 

18 (B) APPLICATION UNDER SECTION 404 OF

19 THE FISA AMENDMENTS ACT OF 2008.—Section 

20 404(b)(4)(A) of the FISA Amendments Act of 

21 2008 (Public Law 110–261; 122 Stat. 2477) is 

22 amended by striking the period at the end and 

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

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

25 as follows: 


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

2 under section 501 pursuant to section 

3 102(b)(2) the USA PATRIOT Improvement 

4 and Reauthorization Act of 2005 (Public Law 

5 109–177; 50 U.S.C. 1861 note);’.’’. 

6 (C) EFFECTIVE DATE.—The amendments 

7 made by this paragraph shall take effect on De8 cember 31, 2013. 

9 (b) EXTENSION OF SUNSET RELATING TO INDI10 VIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.— 

11 (1) IN GENERAL.—Section 6001(b) of the Intel12 ligence Reform and Terrorism Prevention Act of 

13 2004 (Public Law 108–458; 50 U.S.C. 1801 note) 

14 is amended to read as follows: 

15 ‘‘(b) SUNSET.— 

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

17 101(b)(1) of the Foreign Intelligence Surveillance 

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

19 subsection (a), is repealed effective December 31, 

20 2013. 

21 ‘‘(2) TRANSITION PROVISION.—Notwithstanding 

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

23 101(b)(1) of the Foreign Intelligence Surveillance 

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

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


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1 any particular foreign intelligence investigation or 

2 with respect to any particular offense or potential of3 fense that began or occurred before December 31, 

4 2013.’’. 

5 (2) CONFORMING AMENDMENT.— 

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

7 the Foreign Intelligence Surveillance Act of 

8 1978 (50 U.S.C. 1871(a)(2)) is amended by 

9 striking the semicolon at the end and inserting 

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

11 of the Intelligence Reform and Terrorism Pre12 vention Act of 2004 (Public Law 108–458; 50 

13 U.S.C. 1801 note);’’. 

14 (B) EFFECTIVE DATE.—The amendment 

15 made by subparagraph (A) shall take effect on 

16 December 31, 2013. 

17 (c) NATIONAL SECURITY LETTERS.— 

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

19 2013, the following provisions of law are repealed: 

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

21 Code. 

22 (B) Section 1114(a)(5) of the Right to Fi23 nancial Privacy Act of 1978 (12 U.S.C. 

24 3414(a)(5)). 


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

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

3 1681u). 

4 (D) Section 627 of the Fair Credit Report5 ing Act (15 U.S.C. 1681v). 

6 (E) Section 802 of the National Security 

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

8 (2) TRANSITION PROVISION.—Notwithstanding 

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

10 paragraph (1) shall continue to apply after Decem11 ber 31, 2013, with respect to any particular foreign 

12 intelligence investigation or with respect to any par13 ticular offense or potential offense that began or oc14 curred before December 31, 2013. 

15 (3) TECHNICAL AND CONFORMING AMEND16 MENTS.— 

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

18 Code, is amended— 

19 (i) in the table of sections for chapter 

20 121, by striking the item relating to sec21 tion 2709; 

22 (ii) by striking section 3511; and 

23 (iii) in the table of sections for chap24 ter 223, by striking the item relating to 

25 section 3511. 


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1 (B) FAIR CREDIT REPORTING ACT.—The 

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

3 amended— 

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

5 1681u)— 

6 (I) in subsection (d)(1), by strik7 ing ‘‘the identity of financial institu8 tions or a consumer report respecting 

9 any consumer under subsection (a), 

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

11 report respecting any consumer under 

12 subsection (c)’’; 

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

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

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

16 and 

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

18 the item relating to section 627. 

19 (C) NATIONAL SECURITY ACT OF 1947.— 

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

21 401 et seq.) is amended— 

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

23 415b(b))— 

24 (I) by striking paragraph (5); 

25 and 


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1 (II) by redesignating paragraph 

2 (6) as paragraph (5); and 

3 (ii) in the table of contents, by strik4 ing the item relating to section 802. 

5 (D) EFFECTIVE DATE.—The amendments 

6 made by this paragraph shall take effect on De7 cember 31, 2013. 

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

9 FOR ACCESS TO TANGIBLE THINGS. 

10 (a) IN GENERAL.—Section 501 of the Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

12 amended— 

13 (1) in the section heading, by striking ‘‘CER14 TAIN BUSINESS RECORDS’’ and inserting ‘‘TAN15 GIBLE THINGS’’; 

16 (2) in subsection (b)(2), by striking subpara17 graphs (A) and (B) and inserting the following: 

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

19 there are reasonable grounds to believe that the 

20 records or other things sought— 

21 ‘‘(i) are relevant to an authorized in22 vestigation (other than a threat assess23 ment) conducted in accordance with sub24 section (a)(2) to obtain foreign intelligence 

25 information not concerning a United 


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1 States person or to protect against inter2 national terrorism or clandestine intel3 ligence activities; and 

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

5 an agent of a foreign power; 

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

7 a suspected agent of a foreign power who 

8 is the subject of such authorized investiga9 tion; or 

10 ‘‘(III) pertain to an individual in con11 tact with, or known to, a suspected agent 

12 of a foreign power; and 

13 ‘‘(B) a statement of proposed minimization 

14 procedures.’’; and 

15 (3) in subsection (c)— 

16 (A) in paragraph (1)— 

17 (i) by inserting ‘‘and that the pro18 posed minimization procedures meet the 

19 definition of minimization procedures 

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

21 (a) and (b)’’; and 

22 (ii) by striking the second sentence; 

23 and 

24 (B) in paragraph (2)— 


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

2 ‘‘and’’ at the end; 

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

4 the period at the end and inserting ‘‘; 

5 and’’; and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(F) shall direct that the minimization 

9 procedures be followed.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

13 1861 et seq.) is amended in the title heading by 

14 striking ‘‘CERTAIN BUSINESS RECORDS’’ and 

15 inserting ‘‘TANGIBLE THINGS’’. 

16 (2) TABLE OF CONTENTS.—The table of con17 tents in the first section of the Foreign Intelligence 

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

19 is amended by striking the items relating to title V 

20 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.’’. 


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

2 FOR PEN REGISTERS AND TRAP AND TRACE 

3 DEVICES FOR FOREIGN INTELLIGENCE PUR4 POSES. 

5 (a) IN GENERAL.— 

6 (1) APPLICATION.—Section 402(c) of the For7 eign Intelligence Surveillance Act of 1978 (50 

8 U.S.C. 1842(c)) is amended— 

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

10 the end; and 

11 (B) by striking paragraph (2) and insert12 ing the following: 

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

14 are reasonable grounds to believe that the informa15 tion likely to be obtained— 

16 ‘‘(A) is relevant to an authorized investiga17 tion (other than a threat assessment) conducted 

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

19 foreign intelligence information not concerning 

20 a United States person or to protect against 

21 international terrorism or clandestine intel22 ligence activities; and 

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

24 agent of a foreign power; 


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1 ‘‘(ii) is relevant to the activities of a sus2 pected agent of a foreign power who is the sub3 ject of such authorized investigation; or 

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

5 with, or known to, a suspected agent of a for6 eign power; and 

7 ‘‘(3) a statement of proposed minimization pro8 cedures.’’. 

9 (2) MINIMIZATION.— 

10 (A) DEFINITION.—Section 401 of the For11 eign Intelligence Surveillance Act of 1978 (50 

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

13 the following: 

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

15 means— 

16 ‘‘(A) specific procedures that are reason17 ably designed in light of the purpose and tech18 nique of an order for the installation and use 

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

20 minimize the acquisition and retention, and pro21 hibit the dissemination, of nonpublicly available 

22 information concerning unconsenting United 

23 States persons consistent with the need of the 

24 United States to obtain, produce, and dissemi25 nate foreign intelligence information; 


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1 ‘‘(B) procedures that require that nonpub2 licly available information, which is not foreign 

3 intelligence information, as defined in section 

4 101(e)(1), shall not be disseminated in a man5 ner that identifies any United States person, 

6 without such person’s consent, unless such per7 son’s identity is necessary to understand foreign 

8 intelligence information or assess its impor9 tance; and 

10 ‘‘(C) notwithstanding subparagraphs (A) 

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

12 and dissemination of information that is evi13 dence of a crime which has been, is being, or 

14 is about to be committed and that is to be re15 tained or disseminated for law enforcement pur16 poses.’’. 

17 (B) PEN REGISTERS AND TRAP AND TRACE

18 DEVICES.—Section 402 of the Foreign Intel19 ligence Surveillance Act of 1978 (50 U.S.C. 

20 1842) is amended— 

21 (i) in subsection (d)— 

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

23 ‘‘, and that the proposed minimization 

24 procedures meet the definition of 

25 minimization procedures under this 


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1 title’’ before the period at the end; 

2 and 

3 (II) in paragraph (2)(B)— 

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

5 striking ‘‘and’’ after the semi6 colon; and 

7 (bb) by adding at the end 

8 the following: 

9 ‘‘(iv) the minimization procedures be 

10 followed; and’’; and 

11 (ii) by adding at the end the fol12 lowing: 

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

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

15 and trace device is approved under an order or an exten16 sion under this section, the judge may assess compliance 

17 with the minimization procedures by reviewing the cir18 cumstances under which information concerning United 

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

20 (C) EMERGENCIES.—Section 403 of the 

21 Foreign Intelligence Surveillance Act of 1978 

22 (50 U.S.C. 1843) is amended— 

23 (i) by redesignating subsection (c) as 

24 (d); and 


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1 (ii) by inserting after subsection (b) 

2 the following: 

3 ‘‘(c) If the Attorney General authorizes the emer4 gency installation and use of a pen register or trap and 

5 trace device under this section, the Attorney General shall 

6 require that the minimization procedures required by this 

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

8 (D) USE OF INFORMATION.—Section 

9 405(a) of the Foreign Intelligence Surveillance 

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

11 striking ‘‘provisions of’’ and inserting ‘‘mini12 mization procedures required under’’. 

13 SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECU14 RITY LETTERS. 

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

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

17 inserting the following: 

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

19 ‘‘(1) PROHIBITION.— 

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

21 issued under subparagraph (B) and notice of 

22 the right to judicial review under paragraph (4) 

23 is provided, no wire or electronic communica24 tion service provider, or officer, employee, or 

25 agent thereof, that receives a request under 


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

2 particular information specified in the certifi3 cation during the time period to which the cer4 tification applies, which may be not longer than 

5 1 year. 

6 ‘‘(B) CERTIFICATION.—The requirements 

7 of subparagraph (A) shall apply if the Director 

8 of the Federal Bureau of Investigation, or a 

9 designee of the Director whose rank shall be no 

10 lower than Deputy Assistant Director at Bu11 reau headquarters or a Special Agent in Charge 

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

13 prohibition of disclosure under this subsection, 

14 there may result— 

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

16 of the United States; 

17 ‘‘(ii) interference with a criminal, 

18 counterterrorism, or counterintelligence in19 vestigation; 

20 ‘‘(iii) interference with diplomatic re21 lations; or 

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

23 safety of any person. 

24 ‘‘(2) EXCEPTION.— 


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

2 communication service provider, or officer, em3 ployee, or agent thereof, that receives a request 

4 under subsection (a) may disclose information 

5 otherwise subject to any applicable nondisclo6 sure requirement to— 

7 ‘‘(i) those persons to whom disclosure 

8 is necessary in order to comply with the re9 quest; 

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

11 legal advice or assistance regarding the re12 quest; or 

13 ‘‘(iii) other persons as permitted by 

14 the Director of the Federal Bureau of In15 vestigation or the designee of the Director. 

16 ‘‘(B) NONDISCLOSURE REQUIREMENT.—A 

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

20 whom a request is issued under subsection (a) 

21 in the same manner as the person to whom the 

22 request is issued. 

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

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1 disclosure requirement shall inform the person 

2 of the applicable nondisclosure requirement. 

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

4 Bureau of Investigation, or a designee of the Direc5 tor whose rank shall be no lower than Deputy As6 sistant Director at Bureau headquarters or a Special 

7 Agent in Charge in a Bureau field office, may ex8 tend a nondisclosure requirement for additional peri9 ods of not longer than 1 year if, at the time of each 

10 extension, a new certification is made under para11 graph (1)(B) and notice is provided to the recipient 

12 of the applicable request that the nondisclosure re13 quirement has been extended and the recipient has 

14 the right to judicial review of the nondisclosure re15 quirement. 

16 ‘‘(4) RIGHT TO JUDICIAL REVIEW.— 

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

18 communications service provider that receives a 

19 request under subsection (a) shall have the 

20 right to judicial review of any applicable non21 disclosure requirement and any extension there22 of. 

23 ‘‘(B) TIMING.— 

24 ‘‘(i) IN GENERAL.—A request under 

25 subsection (a) shall state that if the recipiVerDate Nov 24 2008 00:30 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S1692.RS S1692

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1 ent wishes to have a court review a non2 disclosure requirement, the recipient shall 

3 notify the Government not later than 21 

4 days after the date of receipt of the re5 quest. 

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

7 applicable nondisclosure requirement has 

8 been extended under paragraph (3) shall 

9 state that if the recipient wishes to have a 

10 court review the nondisclosure require11 ment, the recipient shall notify the Govern12 ment not later than 21 days after the date 

13 of receipt of the notice. 

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

15 recipient of a request under subsection (a) 

16 makes a notification under subparagraph (B), 

17 the Government shall initiate judicial review 

18 under the procedures established in section 

19 3511 of this title. 

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

21 nondisclosure requirement cease to exist prior to the 

22 applicable time period of the nondisclosure require23 ment, an appropriate official of the Federal Bureau 

24 of Investigation shall promptly notify the wire or 

25 electronic service provider, or officer, employee, or 


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1 agent thereof, subject to the nondisclosure require2 ment that the nondisclosure requirement is no longer 

3 in effect.’’. 

4 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

5 CREDIT REPORTS.—Section 626 of the Fair Credit Re6 porting Act (15 U.S.C. 1681u) is amended by striking 

7 subsection (d) and inserting the following: 

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

9 ‘‘(1) PROHIBITION.— 

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

11 issued under subparagraph (B) and notice of 

12 the right to judicial review under paragraph (4) 

13 is provided, no consumer reporting agency, or 

14 officer, employee, or agent thereof, that receives 

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

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

17 information specified in the certification during 

18 the time period to which the certification ap19 plies, which may be not longer than 1 year. 

20 ‘‘(B) CERTIFICATION.—The requirements 

21 of subparagraph (A) shall apply if the Director 

22 of the Federal Bureau of Investigation, or a 

23 designee of the Director whose rank shall be no 

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


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

2 prohibition of disclosure under this subsection, 

3 there may result— 

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

5 of the United States; 

6 ‘‘(ii) interference with a criminal, 

7 counterterrorism, or counterintelligence in8 vestigation; 

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

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

12 safety of any person. 

13 ‘‘(2) EXCEPTION.— 

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

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

16 that receives a request or order under sub17 section (a), (b), or (c) may disclose information 

18 otherwise subject to any applicable nondisclo19 sure requirement to— 

20 ‘‘(i) those persons to whom disclosure 

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

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

24 legal advice or assistance regarding the re25 quest or order; or 


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1 ‘‘(iii) other persons as permitted by 

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

4 ‘‘(B) NONDISCLOSURE REQUIREMENT.—A 

5 person to whom disclosure is made under sub6 paragraph (A) shall be subject to the nondisclo7 sure requirements applicable to a person to 

8 whom a request or order is issued under sub9 section (a), (b), or (c) in the same manner as 

10 the person to whom the request or order is 

11 issued. 

12 ‘‘(C) NOTICE.—Any recipient that dis13 closes to a person described in subparagraph 

14 (A) information otherwise subject to a non15 disclosure requirement shall inform the person 

16 of the applicable nondisclosure requirement. 

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

18 Bureau of Investigation, or a designee of the Direc19 tor whose rank shall be no lower than Deputy As20 sistant Director at Bureau headquarters or a Special 

21 Agent in Charge in a Bureau field office, may ex22 tend a nondisclosure requirement for additional peri23 ods of not longer than 1 year if, at the time of each 

24 extension, a new certification is made under para25 graph (1)(B) and notice is provided to the recipient 


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1 of the applicable request or order that the nondisclo2 sure requirement has been extended and the recipi3 ent has the right to judicial review of the nondisclo4 sure requirement. 

5 ‘‘(4) RIGHT TO JUDICIAL REVIEW.— 

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

7 agency that receives a request or order under 

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

9 to judicial review of any applicable nondisclo10 sure requirement and any extension thereof. 

11 ‘‘(B) TIMING.— 

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

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

14 that if the recipient wishes to have a court 

15 review a nondisclosure requirement, the re16 cipient shall notify the Government not 

17 later than 21 days after the date of receipt 

18 of the request or order. 

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

20 applicable nondisclosure requirement has 

21 been extended under paragraph (3) shall 

22 state that if the recipient wishes to have a 

23 court review the nondisclosure require24 ment, the recipient shall notify the GovernVerDate Nov 24 2008 00:30 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\S1692.RS S1692

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1 ment not later than 21 days after the date 

2 of receipt of the notice. 

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

4 recipient of a request or order under subsection 

5 (a), (b), or (c) makes a notification under sub6 paragraph (B), the Government shall initiate 

7 judicial review under the procedures established 

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

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

10 nondisclosure requirement cease to exist prior to the 

11 applicable time period of the nondisclosure require12 ment, an appropriate official of the Federal Bureau 

13 of Investigation shall promptly notify the consumer 

14 reporting agency, or officer, employee, or agent 

15 thereof, subject to the nondisclosure requirement 

16 that the nondisclosure requirement is no longer in 

17 effect.’’. 

18 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

19 FOR COUNTERTERRORISM PURPOSES.—Section 627 of the 

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

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

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

23 ‘‘(1) PROHIBITION.— 

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

25 issued under subparagraph (B) and notice of 


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1 the right to judicial review under paragraph (4) 

2 is provided, no consumer reporting agency, or 

3 officer, employee, or agent thereof, that receives 

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

5 any person the particular information specified 

6 in the certification during the time period to 

7 which the certification applies, which may be 

8 not longer than 1 year. 

9 ‘‘(B) CERTIFICATION.—The requirements 

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

11 a government agency authorized to conduct in12 vestigations of intelligence or counterintelligence 

13 activities or analysis related to international 

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

15 prohibition of disclosure under this subsection, 

16 there may result— 

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

18 of the United States; 

19 ‘‘(ii) interference with a criminal, 

20 counterterrorism, or counterintelligence in21 vestigation; 

22 ‘‘(iii) interference with diplomatic re23 lations; or 

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

25 safety of any person. 


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1 ‘‘(2) EXCEPTION.— 

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

3 agency, or officer, employee, or agent thereof, 

4 that receives a request under subsection (a) 

5 may disclose information otherwise subject to 

6 any applicable nondisclosure requirement to— 

7 ‘‘(i) those persons to whom disclosure 

8 is necessary in order to comply with the re9 quest; 

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

11 legal advice or assistance regarding the re12 quest; or 

13 ‘‘(iii) other persons as permitted by 

14 the head of the government agency author15 ized to conduct investigations of intel16 ligence or counterintelligence activities or 

17 analysis related to international terrorism, 

18 or a designee. 

19 ‘‘(B) NONDISCLOSURE REQUIREMENT.—A 

20 person to whom disclosure is made under sub21 paragraph (A) shall be subject to the nondisclo22 sure requirements applicable to a person to 

23 whom a request is issued under subsection (a) 

24 in the same manner as the person to whom the 

25 request is issued. 


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

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

5 of the applicable nondisclosure requirement. 

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

7 agency authorized to conduct investigations of intel8 ligence or counterintelligence activities or analysis 

9 related to international terrorism, or a designee, 

10 may extend a nondisclosure requirement for addi11 tional periods of not longer than 1 year if, at the 

12 time of each extension, a new certification is made 

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

14 the recipient of the applicable request that the non15 disclosure requirement has been extended and the 

16 recipient has the right to judicial review of the non17 disclosure requirement. 

18 ‘‘(4) RIGHT TO JUDICIAL REVIEW.— 

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

20 agency that receives a request under subsection 

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

22 applicable nondisclosure requirement and any 

23 extension thereof. 

24 ‘‘(B) TIMING.— 


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1 ‘‘(i) IN GENERAL.—A request under 

2 subsection (a) shall state that if the recipi3 ent wishes to have a court review a non4 disclosure requirement, the recipient shall 

5 notify the Government not later than 21 

6 days after the date of receipt of the re7 quest. 

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

9 applicable nondisclosure requirement has 

10 been extended under paragraph (3) shall 

11 state that if the recipient wishes to have a 

12 court review the nondisclosure require13 ment, the recipient shall notify the Govern14 ment not later than 21 days after the date 

15 of receipt of the notice. 

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

17 recipient of a request under subsection (a) 

18 makes a notification under subparagraph (B), 

19 the Government shall initiate judicial review 

20 under the procedures established in section 

21 3511 of title 18, United States Code. 

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

23 nondisclosure requirement cease to exist prior to the 

24 applicable time period of the nondisclosure require25 ment, an appropriate official of the government 


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1 agency authorized to conduct investigations of intel2 ligence or counterintelligence activities or analysis 

3 related to international terrorism shall promptly no4 tify the consumer reporting agency, or officer, em5 ployee, or agent thereof, subject to the nondisclosure 

6 requirement that the nondisclosure requirement is 

7 no longer in effect.’’. 

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

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

10 amended by striking subparagraph (D) and inserting the 

11 following: 

12 ‘‘(D) PROHIBITION OF CERTAIN DISCLO13 SURE.— 

14 ‘‘(i) PROHIBITION.— 

15 ‘‘(I) IN GENERAL.—If a certifi16 cation is issued under subclause (II) 

17 and notice of the right to judicial re18 view under clause (iv) is provided, no 

19 financial institution, or officer, em20 ployee, or agent thereof, that receives 

21 a request under subparagraph (A), 

22 shall disclose to any person the par23 ticular information specified in the 

24 certification during the time period to 


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1 which the certification applies, which 

2 may be not longer than 1 year. 

3 ‘‘(II) CERTIFICATION.—The re4 quirements of subclause (I) shall 

5 apply if the Director of the Federal 

6 Bureau of Investigation, or a designee 

7 of the Director whose rank shall be no 

8 lower than Deputy Assistant Director 

9 at Bureau headquarters or a Special 

10 Agent in Charge of a Bureau field of11 fice, certifies that, absent a prohibi12 tion of disclosure under this subpara13 graph, there may result— 

14 ‘‘(aa) a danger to the na15 tional security of the United 

16 States; 

17 ‘‘(bb) interference with a 

18 criminal, counterterrorism, or 

19 counterintelligence investigation; 

20 ‘‘(cc) interference with diplo21 matic relations; or 

22 ‘‘(dd) danger to the life or 

23 physical safety of any person. 

24 ‘‘(ii) EXCEPTION.— 


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1 ‘‘(I) IN GENERAL.—A financial 

2 institution, or officer, employee, or 

3 agent thereof, that receives a request 

4 under subparagraph (A) may disclose 

5 information otherwise subject to any 

6 applicable nondisclosure requirement 

7 to— 

8 ‘‘(aa) those persons to whom 

9 disclosure is necessary in order to 

10 comply with the request; 

11 ‘‘(bb) an attorney in order 

12 to obtain legal advice or assist13 ance regarding the request; or 

14 ‘‘(cc) other persons as per15 mitted by the Director of the 

16 Federal Bureau of Investigation 

17 or the designee of the Director. 

18 ‘‘(II) NONDISCLOSURE REQUIRE19 MENT.—A person to whom disclosure 

20 is made under subclause (I) shall be 

21 subject to the nondisclosure require22 ments applicable to a person to whom 

23 a request is issued under subpara24 graph (A) in the same manner as the 

25 person to whom the request is issued. 


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1 ‘‘(III) NOTICE.—Any recipient 

2 that discloses to a person described in 

3 subclause (I) information otherwise 

4 subject to a nondisclosure requirement 

5 shall inform the person of the applica6 ble nondisclosure requirement. 

7 ‘‘(iii) EXTENSION.—The Director of 

8 the Federal Bureau of Investigation, or a 

9 designee of the Director whose rank shall 

10 be no lower than Deputy Assistant Direc11 tor at Bureau headquarters or a Special 

12 Agent in Charge in a Bureau field office, 

13 may extend a nondisclosure requirement 

14 for additional periods of not longer than 1 

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

16 new certification is made under clause 

17 (i)(II) and notice is provided to the recipi18 ent of the applicable request that the non19 disclosure requirement has been extended 

20 and the recipient has the right to judicial 

21 review of the nondisclosure requirement. 

22 ‘‘(iv) RIGHT TO JUDICIAL REVIEW.— 

23 ‘‘(I) IN GENERAL.—A financial 

24 institution that receives a request 

25 under subparagraph (A) shall have 


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1 the right to judicial review of any ap2 plicable nondisclosure requirement 

3 and any extension thereof. 

4 ‘‘(II) TIMING.— 

5 ‘‘(aa) IN GENERAL.—A re6 quest under subparagraph (A) 

7 shall state that if the recipient 

8 wishes to have a court review a 

9 nondisclosure requirement, the 

10 recipient shall notify the Govern11 ment not later than 21 days after 

12 the date of receipt of the request. 

13 ‘‘(bb) EXTENSION.—A no14 tice that the applicable nondisclo15 sure requirement has been ex16 tended under clause (iii) shall 

17 state that if the recipient wishes 

18 to have a court review the non19 disclosure requirement, the re20 cipient shall notify the Govern21 ment not later than 21 days after 

22 the date of receipt of the notice. 

23 ‘‘(III) INITIATION OF PRO24 CEEDINGS.—If a recipient of a re25 quest under subparagraph (A) makes 


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1 a notification under subclause (II), 

2 the Government shall initiate judicial 

3 review under the procedures estab4 lished in section 3511 of title 18, 

5 United States Code. 

6 ‘‘(v) TERMINATION.—If the facts sup7 porting a nondisclosure requirement cease 

8 to exist prior to the applicable time period 

9 of the nondisclosure requirement, an ap10 propriate official of the Federal Bureau of 

11 Investigation shall promptly notify the fi12 nancial institution, or officer, employee, or 

13 agent thereof, subject to the nondisclosure 

14 requirement that the nondisclosure require15 ment is no longer in effect.’’. 

16 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

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

18 1947 (50 U.S.C. 436), is amended by striking subsection 

19 (b) and inserting the following: 

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

21 ‘‘(1) PROHIBITION.— 

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

23 issued under subparagraph (B) and notice of 

24 the right to judicial review under paragraph (4) 

25 is provided, no governmental or private entity, 


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1 or officer, employee, or agent thereof, that re2 ceives a request under subsection (a), shall dis3 close to any person the particular information 

4 specified in the certification during the time pe5 riod to which the certification applies, which 

6 may be not longer than 1 year. 

7 ‘‘(B) CERTIFICATION.—The requirements 

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

9 an authorized investigative agency described in 

10 subsection (a), or a designee, certifies that, ab11 sent a prohibition of disclosure under this sub12 section, there may result— 

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

14 of the United States; 

15 ‘‘(ii) interference with a criminal, 

16 counterterrorism, or counterintelligence in17 vestigation; 

18 ‘‘(iii) interference with diplomatic re19 lations; or 

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

21 safety of any person. 

22 ‘‘(2) EXCEPTION.— 

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

24 private entity, or officer, employee, or agent 

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1 section (a) may disclose information otherwise 

2 subject to any applicable nondisclosure require3 ment to— 

4 ‘‘(i) those persons to whom disclosure 

5 is necessary in order to comply with the re6 quest; 

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

8 legal advice or assistance regarding the re9 quest; or 

10 ‘‘(iii) other persons as permitted by 

11 the head of the authorized investigative 

12 agency described in subsection (a). 

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 an authorized 

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

3 designee, may extend a nondisclosure requirement 

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

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

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

7 to the recipient of the applicable request that the 

8 nondisclosure requirement has been extended and 

9 the recipient has the right to judicial review of the 

10 nondisclosure requirement. 

11 ‘‘(4) RIGHT TO JUDICIAL REVIEW.— 

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

13 private entity that receives a request under sub14 section (a) shall have the right to judicial re15 view of any applicable nondisclosure require16 ment and any extension thereof. 

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 title 18, United States Code. 

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 authorized inves19 tigative agency described in subsection (a) shall 

20 promptly notify the governmental or private entity, 

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

22 nondisclosure requirement that the nondisclosure re23 quirement is no longer in effect.’’. 


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

2 SECURITY LETTERS. 

3 (a) FISA.—Section 501(f)(2) of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) 

5 is amended— 

6 (1) in subparagraph (A)— 

7 (A) in clause (i)— 

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

9 and inserting ‘‘a production order or non10 disclosure order’’; and 

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

12 and all that follows; 

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

14 order or nondisclosure’’; and 

15 (2) in subparagraph (C)— 

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

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

18 (ii). 

19 (b) JUDICIAL REVIEW OF NATIONAL SECURITY LET20 TERS.—Section 3511(b) of title 18, United States Code, 

21 is amended to read as follows: 

22 ‘‘(b) NONDISCLOSURE.— 

23 ‘‘(1) IN GENERAL.— 

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

25 or order for a report, records, or other informa26 tion under section 2709 of this title, section 


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1 626 or 627 of the Fair Credit Reporting Act 

2 (15 U.S.C. 1681u and 1681v), section 1114 of 

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

4 3414), or section 802 of the National Security 

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

6 court review a nondisclosure requirement im7 posed in connection with the request, the recipi8 ent shall notify the Government not later than 

9 21 days after the date of receipt of the request 

10 or of notice that an applicable nondisclosure re11 quirement has been extended. 

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

13 days after the date of receipt of a notification 

14 under subparagraph (A), the Government shall 

15 apply for an order prohibiting the disclosure of 

16 particular information about the existence or 

17 contents of the relevant request or order. An 

18 application under this subparagraph may be 

19 filed in the district court of the United States 

20 for any district within which the authorized in21 vestigation that is the basis for the request or 

22 order is being conducted. The applicable non23 disclosure requirement shall remain in effect 

24 during the pendency of proceedings relating to 

25 the requirement. 


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

2 the United States that receives an application 

3 under subparagraph (B) should rule expedi4 tiously, and may issue a nondisclosure order for 

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

6 facts justify a longer period of nondisclosure. 

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

8 United States rejects an application for a non9 disclosure order or extension thereof, the non10 disclosure requirement shall no longer be in ef11 fect. 

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

13 for a nondisclosure order or extension thereof under 

14 this subsection shall include— 

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

16 that, absent a prohibition of disclosure under 

17 this subsection, there may result— 

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

19 of the United States; 

20 ‘‘(ii) interference with a criminal, 

21 counterterrorism, or counterintelligence in22 vestigation; 

23 ‘‘(iii) interference with diplomatic re24 lations; or 


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

2 safety of any person; and 

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

4 Government believes the nondisclosure require5 ment should apply. 

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

7 United States may issue a nondisclosure require8 ment order or extension thereof under this sub9 section if the court determines that there is reason 

10 to believe that disclosure of the information subject 

11 to the nondisclosure requirement during the applica12 ble time period will result in— 

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

14 the United States; 

15 ‘‘(B) interference with a criminal, counter16 terrorism, or counterintelligence investigation; 

17 ‘‘(C) interference with diplomatic relations; 

18 or 

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

20 of any person. 

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

22 this subsection may be renewed for additional peri23 ods of not longer than 1 year, unless the facts of the 

24 case justify a longer period of nondisclosure, upon 

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1 ments of paragraph (2), and a determination by the 

2 court that the circumstances described in paragraph 

3 (3) continue to exist.’’. 

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

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

6 is amended— 

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

8 than’’ and all that follows and inserting ‘‘At or be9 fore the end of the period of time for the production 

10 of tangible things under an order approved under 

11 this section or at any time after the production of 

12 tangible things under an order approved under this 

13 section, a judge may assess compliance with the 

14 minimization procedures by reviewing the cir15 cumstances under which information concerning 

16 United States persons was acquired, retained, or dis17 seminated.’’; and 

18 (2) in paragraph (2)(A), by inserting ‘‘acquisi19 tion and’’ after ‘‘to minimize the’’. 

20 SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL 

21 AND TRANSACTIONAL RECORDS. 

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

23 United States Code, is amended— 


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1 (1) by striking ‘‘certifies in writing’’ and insert2 ing ‘‘provides a written certification by the Director 

3 (or a designee)’’; and 

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

5 facts showing that there are reasonable grounds to 

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

7 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

8 CREDIT REPORTS.—Section 626 of the Fair Credit Re9 porting Act (15 U.S.C. 1681u) is amended— 

10 (1) in subsection (a), by striking ‘‘has deter11 mined in writing, that such information is sought 

12 for’’ and inserting ‘‘provides to the consumer report13 ing agency a written determination that includes a 

14 statement of facts showing that there are reasonable 

15 grounds to believe that such information is relevant 

16 to’’; and 

17 (2) in subsection (b), by striking ‘‘has deter18 mined in writing that such information is sought 

19 for’’ and inserting ‘‘provides to the consumer report20 ing agency a written determination that includes a 

21 statement of facts showing that there are reasonable 

22 grounds to believe that such information is relevant 

23 to’’. 

24 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

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


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

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

3 showing that there are reasonable grounds to believe’’ be4 fore ‘‘that such information is necessary for’’. 

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

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

7 3414(a)(5)(A)) is amended— 

8 (1) by striking ‘‘certifies in writing’’ and insert9 ing ‘‘provides a written certification by the Director 

10 (or a designee)’’; and 

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

12 for foreign counter intelligence purposes’’ and insert13 ing ‘‘that includes a statement of facts showing that 

14 there are reasonable grounds to believe that such 

15 records are relevant to a foreign counterintelligence 

16 investigation’’. 

17 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

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

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

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

21 and (D) as subparagraphs (C), (D), and (E), respec22 tively; and 

23 (2) by inserting after subparagraph (A) the fol24 lowing: 


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

2 that there are reasonable grounds to believe, based 

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

4 be, disclosing classified information in an unauthor5 ized manner to a foreign power or agent of a foreign 

6 power;’’. 

7 SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LET8 TERS. 

9 Section 118(c) of the USA PATRIOT Improvement 

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

11 is amended— 

12 (1) in paragraph (1)— 

13 (A) in the matter preceding subparagraph 

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

15 States persons’’; and 

16 (B) in subparagraph (A), by striking ‘‘, ex17 cluding the number of requests for subscriber 

18 information’’; 

19 (2) by redesignating paragraph (2) as para20 graph (3); and 

21 (3) by inserting after paragraph (1) the fol22 lowing: 

23 ‘‘(2) CONTENT.— 

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

25 subparagraph (B), each report required under 


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1 this subsection shall include the total number of 

2 requests described in paragraph (1) requiring 

3 disclosure of information concerning— 

4 ‘‘(i) United States persons; 

5 ‘‘(ii) persons who are not United 

6 States persons; 

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

8 authorized national security investigations; 

9 or 

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

11 of authorized national security investiga12 tions. 

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

14 number of requests for subscriber information 

15 under section 2709 of title 18, United States 

16 Code, a report required under this subsection 

17 need not provide information separated into 

18 each of the categories described in subpara19 graph (A).’’. 

20 SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTEL21 LIGENCE SURVEILLANCE ACT. 

22 Section 601 of the Foreign Intelligence Surveillance 

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

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

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


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1 (2) by inserting after subsection (a) the fol2 lowing: 

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

4 make publicly available the portion of each report under 

5 subsection (a) relating to paragraphs (1) and (2) of sub6 section (a).’’; and 

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

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

9 (d)’’. 

10 SEC. 10. AUDITS. 

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

12 PATRIOT Improvement and Reauthorization Act of 2005 

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

14 (1) in subsection (b)— 

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

16 and inserting ‘‘2012’’; and 

17 (B) in paragraph (5)(C), by striking ‘‘cal18 endar year 2006’’ and inserting ‘‘each of cal19 endar years 2006 through 2012’’; 

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

21 following: 

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

23 later than December 31, 2010, the Inspector Gen24 eral of the Department of Justice shall submit to the 

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1 lect Committee on Intelligence of the House of Rep2 resentatives and the Committee on the Judiciary and 

3 the Select Committee on Intelligence of the Senate 

4 a report containing the results of the audit con5 ducted under this section for calendar years 2007 

6 and 2008. 

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

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

9 thereafter through 2013, the Inspector General of 

10 the Department of Justice shall submit to the Com11 mittee on the Judiciary and the Permanent Select 

12 Committee on Intelligence of the House of Rep13 resentatives and the Committee on the Judiciary and 

14 the Select Committee on Intelligence of the Senate 

15 a report containing the results of the audit con16 ducted under this section for the previous calendar 

17 year.’’; 

18 (3) in subsection (d)— 

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

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

21 and 

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

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

24 and 


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

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

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

4 the USA PATRIOT Improvement and Reauthorization 

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

6 amended— 

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

8 and inserting ‘‘2012’’; 

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

10 following: 

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

12 later than December 31, 2010, the Inspector Gen13 eral of the Department of Justice shall submit to the 

14 Committee on the Judiciary and the Permanent Se15 lect Committee on Intelligence of the House of Rep16 resentatives and the Committee on the Judiciary and 

17 the Select Committee on Intelligence of the Senate 

18 a report containing the results of the audit con19 ducted under this section for calendar years 2007 

20 and 2008. 

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

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

23 thereafter through 2013, the Inspector General of 

24 the Department of Justice shall submit to the Com25 mittee on the Judiciary and the Permanent Select 


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1 Committee on Intelligence of the House of Rep2 resentatives and the Committee on the Judiciary and 

3 the Select Committee on Intelligence of the Senate 

4 a report containing the results of the audit con5 ducted under this section for the previous calendar 

6 year.’’; 

7 (3) in subsection (d)— 

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

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

10 and 

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

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

13 and 

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

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

16 (c) PEN REGISTERS AND TRAP AND TRACE DE17 VICES.— 

18 (1) AUDITS.—The Inspector General of the De19 partment of Justice shall perform comprehensive au20 dits of the effectiveness and use, including any im21 proper or illegal use, of pen registers and trap and 

22 trace devices under title IV of the Foreign Intel23 ligence Surveillance Act of 1978 (50 U.S.C. 1841 et 

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

25 2007 and ending on December 31, 2012. 


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1 (2) REQUIREMENTS.—The audits required 

2 under paragraph (1) shall include— 

3 (A) an examination of each instance in 

4 which the Attorney General or any other attor5 ney for the Government submitted an applica6 tion for an order or extension of an order under 

7 title IV of the Foreign Intelligence Surveillance 

8 Act of 1978, including whether the court grant9 ed, modified, or denied the application (includ10 ing an examination of the basis for any modi11 fication or denial); 

12 (B) an examination of each instance in 

13 which the Attorney General authorized the in14 stallation and use of a pen register or trap and 

15 trace device on an emergency basis under sec16 tion 403 of the Foreign Intelligence Surveil17 lance Act of 1978 (50 U.S.C. 1843); 

18 (C) whether the Federal Bureau of Inves19 tigation requested that the Department of Jus20 tice submit an application for an order or ex21 tension of an order under title IV of the For22 eign Intelligence Surveillance Act of 1978 and 

23 the request was not submitted to the court (in24 cluding an examination of the basis for not sub25 mitting the application); 


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1 (D) whether bureaucratic or procedural 

2 impediments to the use of pen registers and 

3 trap and trace devices under title IV of the 

4 Foreign Intelligence Surveillance Act of 1978 

5 prevent the Federal Bureau of Investigation 

6 from taking full advantage of the authorities 

7 provided under that title; 

8 (E) any noteworthy facts or circumstances 

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

10 trace device under title IV of the Foreign Intel11 ligence Surveillance Act of 1978, including any 

12 improper or illegal use of the authority provided 

13 under that title; and 

14 (F) an examination of the effectiveness of 

15 the authority under title IV of the Foreign In16 telligence Surveillance Act of 1978 as an inves17 tigative tool, including— 

18 (i) the importance of the information 

19 acquired to the intelligence activities of the 

20 Federal Bureau of Investigation or any 

21 other department or agency of the Federal 

22 Government; 

23 (ii) the manner in which the informa24 tion is collected, retained, analyzed, and 

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1 vestigation, including any direct access to 

2 the information provided to any other de3 partment, agency, or instrumentality of 

4 Federal, State, local, or tribal governments 

5 or any private sector entity; 

6 (iii) with respect to calendar years 

7 2010 through 2012, an examination of the 

8 minimization procedures used in relation to 

9 pen registers and trap and trace devices 

10 under title IV of the Foreign Intelligence 

11 Surveillance Act of 1978 and whether the 

12 minimization procedures protect the con13 stitutional rights of United States persons; 

14 (iv) whether, and how often, the Fed15 eral Bureau of Investigation used informa16 tion acquired under a pen register or trap 

17 and trace device under title IV of the For18 eign Intelligence Surveillance Act of 1978 

19 to produce an analytical intelligence prod20 uct for distribution within the Federal Bu21 reau of Investigation, to the intelligence 

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

23 the National Security Act of 1947 (50 

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


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1 State, local, or tribal government depart2 ments, agencies, or instrumentalities; and 

3 (v) whether, and how often, the Fed4 eral Bureau of Investigation provided in5 formation acquired under a pen register or 

6 trap and trace device under title IV of the 

7 Foreign Intelligence Surveillance Act of 

8 1978 to law enforcement authorities for 

9 use in criminal proceedings. 

10 (3) SUBMISSION DATES.— 

11 (A) PRIOR YEARS.—Not later than Decem12 ber 31, 2010, the Inspector General of the De13 partment of Justice shall submit to the Com14 mittee on the Judiciary and the Select Com15 mittee on Intelligence of the Senate and the 

16 Committee on the Judiciary and the Permanent 

17 Select Committee on Intelligence of the House 

18 of Representatives a report containing the re19 sults of the audit conducted under this section 

20 for calendar years 2007 thorough 2009. 

21 (B) CALENDAR YEARS 2010 THROUGH

22 2012.—Not later than December 31, 2011, and 

23 every year thereafter through 2013, the Inspec24 tor General of the Department of Justice shall 

25 submit to the Committee on the Judiciary and 


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1 the Select Committee on Intelligence of the 

2 Senate and the Committee on the Judiciary and 

3 the Permanent Select Committee on Intelligence 

4 of the House of Representatives a report con5 taining the results of the audit conducted under 

6 this section for the previous calendar year. 

7 (4) PRIOR NOTICE TO ATTORNEY GENERAL AND

8 DIRECTOR OF NATIONAL INTELLIGENCE; COM9 MENTS.— 

10 (A) NOTICE.—Not less than 30 days be11 fore the submission of a report under subpara12 graph (A) or (B) of paragraph (3), the Inspec13 tor General of the Department of Justice shall 

14 provide the report to the Attorney General and 

15 the Director of National Intelligence. 

16 (B) COMMENTS.—The Attorney General or 

17 the Director of National Intelligence may pro18 vide such comments to be included in a report 

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

20 paragraph (3) as the Attorney General or the 

21 Director of National Intelligence may consider 

22 necessary. 

23 (5) UNCLASSIFIED FORM.—A report submitted 

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

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


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1 shall be in unclassified form, but may include a clas2 sified annex. 

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 USA 

9 PATRIOT Improvement and Reauthorization Act of 

10 2005 (Public Law 109–177; 50 U.S.C. 1805 note, 50 

11 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is 

12 amended by striking ‘‘2009’’ and inserting ‘‘2013’’. 

13 (2) CONFORMING AMENDMENTS.— 

14 (A) IN GENERAL.—The Foreign Intelligence 

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

16 seq.), as amended by section 3 of this Act, is 

17 amended— 

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

19 section, by striking the items relating to 

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

21 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.’’; 


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

2 seq.)— 

3 (I) in the title heading, by strik4 ing ‘‘AND OTHER TANGIBLE 

5 THINGS’’; and 

6 (II) by striking section 503; and 

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

8 U.S.C. 1871(a)(1)(D)), by striking ‘‘section 

9 501;’’ and inserting ‘‘section 502 or under 

10 section 501 pursuant to section 102(b)(2) of 

11 the USA PATRIOT Improvement and Re12 authorization 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 such 

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

21 follows: 

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

23 under section 501 pursuant to section 102(b)(2) 

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1 thorization Act of 2005 (Public Law 109–177; 50 

2 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 INDIVIDUAL

7 TERRORISTS AS AGENTS OF FOREIGN POWERS.— 

8 (1) IN GENERAL.—Section 6001(b) of the Intel9 ligence Reform and Terrorism Prevention Act of 2004 

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

11 amended to read as follows: 

12 ‘‘(b) SUNSET.— 

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

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

15 of 1978 (50 U.S.C. 1801(b)(1)), as added by sub16 section (a), is repealed effective December 31, 2013. 

17 ‘‘(2) TRANSITION PROVISION.—Notwithstanding 

18 paragraph (1), subparagraph (C) of section 101(b)(1) 

19 of the Foreign Intelligence Surveillance Act of 1978 

20 (50 U.S.C. 1801(b)(1)) shall continue to apply on and 

21 after December 31, 2013, with respect to any par22 ticular foreign intelligence investigation or with re23 spect to any particular offense or potential offense 

24 that began or occurred before December 31, 2013.’’. 

25 (2) CONFORMING AMENDMENT.— 


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

2 Foreign Intelligence Surveillance Act of 1978 (50 

3 U.S.C. 1871(a)(2)) is amended by striking the 

4 semicolon at the end and inserting ‘‘pursuant to 

5 subsection (b)(2) of section 6001 of the Intel6 ligence Reform and Terrorism Prevention Act of 

7 2004 (Public Law 108–458; 50 U.S.C. 1801 

8 note);’’. 

9 (B) EFFECTIVE DATE.—The amendment 

10 made by subparagraph (A) shall take effect on 

11 December 31, 2013. 

12 (c) NATIONAL SECURITY LETTERS.— 

13 (1) REPEAL.—Effective on December 31, 2013— 

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

15 Code, is amended to read as such provision read 

16 on October 25, 2001; 

17 (B) section 1114(a)(5) of the Right to Fi18 nancial Privacy Act of 1978 (12 U.S.C. 

19 3414(a)(5)) is amended to read as such provision 

20 read on October 25, 2001; 

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

22 the Fair Credit Reporting Act (15 U.S.C. 1681u) 

23 are amended to read as subsections (a) and (b), 

24 respectively, of section 624 of such Act read on 

25 October 25, 2001; 


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1 (D) section 627 of the Fair Credit Report2 ing Act (15 U.S.C. 1681v) is repealed; and 

3 (E) section 802 of the National Security Act 

4 of 1947 (50 U.S.C. 436) is amended to read as 

5 such provision read on October 25, 2001. 

6 (2) TRANSITION PROVISION.—Notwithstanding 

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

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

9 shall continue to apply on and after December 31, 

10 2013, with respect to any particular foreign intel11 ligence investigation or with respect to any particular 

12 offense or potential offense that began or occurred be13 fore December 31, 2013. 

14 (3) TECHNICAL AND CONFORMING AMEND15 MENTS.—Effective December 31, 2013— 

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

17 Code, is amended— 

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

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

20 and 

21 (ii) in subsection (b)(1)(A), as amend22 ed by section 6(b) of this Act, by striking 

23 ‘‘section 626 or 627 of the Fair Credit Re24 porting Act (15 U.S.C. 1681u and 1681v)’’ 


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1 and inserting ‘‘section 626 of the Fair Cred2 it Reporting Act (15 U.S.C. 1681u)’’; 

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

4 Improvement and Reauthorization Act of 2005 

5 (18 U.S.C. 3511 note) is amended— 

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

7 ‘‘and’’ at the end; 

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

9 ‘‘; and’’ and inserting a period; and 

10 (iii) by striking subparagraph (E); 

11 and 

12 (C) the table of sections for the Fair Credit 

13 Reporting Act (15 U.S.C. 1681 et seq.) is amend14 ed by striking the item relating to section 627. 

15 SEC. 3. ORDERS FOR ACCESS TO CERTAIN BUSINESS 

16 RECORDS AND TANGIBLE THINGS. 

17 (a) IN GENERAL.—Section 501 of the Foreign Intel18 ligence Surveillance Act of 1978 (50 U.S.C. 1861) is amend19 ed— 

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

21 OTHER TANGIBLE THINGS’’ after ‘‘CERTAIN

22 BUSINESS RECORDS’’; 

23 (2) in subsection (b)(2)— 

24 (A) in subparagraph (A)— 


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

2 showing’’ and inserting ‘‘a statement of the 

3 facts and circumstances relied upon by the 

4 applicant to justify the belief of the appli5 cant’’; and 

6 (ii) by striking ‘‘clandestine intel7 ligence activities,’’ and all that follows and 

8 inserting ‘‘clandestine intelligence activi9 ties;’’; and 

10 (B) by striking subparagraph (B) and in11 serting the following: 

12 ‘‘(B) if the records sought are the circula13 tion records or patron lists of a library (as de14 fined in section 213(1) of the Library Services 

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

16 statement of facts showing that there are reason17 able grounds to believe that the records sought— 

18 ‘‘(i) are relevant to an authorized in19 vestigation (other than a threat assessment) 

20 conducted in accordance with subsection 

21 (a)(2) to obtain foreign intelligence infor22 mation not concerning a United States per23 son or to protect against international ter24 rorism or clandestine intelligence activities; 

25 and 


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

2 an agent of a foreign power; 

3 ‘‘(II) are relevant to the activities of a 

4 suspected agent of a foreign power who is 

5 the subject of such authorized investigation; 

6 or 

7 ‘‘(III) pertain to an individual in con8 tact with, or known to, a suspected agent of 

9 a foreign power; and 

10 ‘‘(C) a statement of proposed minimization 

11 procedures.’’; and 

12 (3) in subsection (c)— 

13 (A) in paragraph (1)— 

14 (i) by inserting ‘‘and that the proposed 

15 minimization procedures meet the definition 

16 of minimization procedures under sub17 section (g)’’ after ‘‘subsections (a) and (b)’’; 

18 and 

19 (ii) by striking the second sentence; 

20 and 

21 (B) in paragraph (2)— 

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

23 ‘‘and’’ at the end; 


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

2 the period at the end and inserting ‘‘; and’’; 

3 and 

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

6 ‘‘(F) shall direct that the minimization pro7 cedures be followed.’’. 

8 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) DEFINITIONS.—Title V of the Foreign Intel10 ligence Surveillance Act of 1978 (50 U.S.C. 1861 et 

11 seq.) is amended by adding at the end the following: 

12 ‘‘SEC. 503. DEFINITIONS. 

13 ‘‘In this title, the terms ‘Attorney General’, ‘foreign in14 telligence information’, ‘international terrorism’, ‘person’, 

15 ‘United States’, and ‘United States person’ have the mean16 ings given such terms in section 101.’’. 

17 (2) TITLE HEADING.—Title V of the Foreign In18 telligence Surveillance Act of 1978 (50 U.S.C. 1861 et 

19 seq.) is amended in the title heading by inserting 

20 ‘‘AND OTHER TANGIBLE THINGS’’ after ‘‘CER21 TAIN BUSINESS RECORDS’’. 

22 (3) TABLE OF CONTENTS.—The table of contents 

23 in the first section of the Foreign Intelligence Surveil24 lance Act of 1978 (50 U.S.C. 1801 et seq.) is amend25 ed— 


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1 (A) by striking the items relating to title V 

2 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 

3 (B) by inserting after the item relating to 

4 section 502 the following: 

‘‘Sec. 503. Definitions.’’. 

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

6 TRACE DEVICES FOR FOREIGN INTEL7 LIGENCE PURPOSES. 

8 (a) APPLICATION.—Section 402(c) of the Foreign In9 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is 

10 amended— 

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

12 end; 

13 (2) in paragraph (2)— 

14 (A) by striking ‘‘a certification by the ap15 plicant’’ and inserting ‘‘a statement of the facts 

16 and circumstances relied upon by the applicant 

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

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

19 inserting ‘‘; and’’; and 

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


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1 ‘‘(3) a statement of whether minimization proce2 dures are being proposed and, if so, a statement of the 

3 proposed minimization procedures.’’. 

4 (b) MINIMIZATION.— 

5 (1) DEFINITION.—Section 401 of the Foreign In6 telligence Surveillance Act of 1978 (50 U.S.C. 1841) 

7 is amended by adding at the end 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 of 

13 a pen register or trap and trace device, to mini14 mize the retention, and prohibit the dissemina15 tion, of nonpublicly available information known 

16 to concern unconsenting United States persons 

17 consistent with the need of the United States to 

18 obtain, produce, and disseminate foreign intel19 ligence information; 

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

22 intelligence information shall not be dissemi23 nated in a manner that identifies any United 

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1 stand foreign intelligence information or assess 

2 its importance; and 

3 ‘‘(C) notwithstanding subparagraphs (A) 

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

5 and dissemination of information that is evi6 dence of a crime which has been, is being, or is 

7 about to be committed and that is to be retained 

8 or disseminated for law enforcement purposes.’’. 

9 (2) PEN REGISTERS AND TRAP AND TRACE DE10 VICES.—Section 402 of the Foreign Intelligence Sur11 veillance Act of 1978 (50 U.S.C. 1842) is amended— 

12 (A) in subsection (d)— 

13 (i) in paragraph (1), by inserting ‘‘, 

14 and if, in exceptional circumstances, mini15 mization procedures are ordered, that the 

16 proposed minimization procedures meet the 

17 definition of minimization procedures 

18 under this title’’ before the period at the 

19 end; and 

20 (ii) in paragraph (2)(B)— 

21 (I) in clause (ii)(II), by striking 

22 ‘‘and’’ after the semicolon; and 

23 (II) by adding at the end the fol24 lowing: 


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1 ‘‘(iv) if applicable, the minimization 

2 procedures be followed; and’’; and 

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

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

5 the installation and use of a pen register or trap and trace 

6 device is approved under an order or an extension under 

7 this section, the judge may assess compliance with any ap8 plicable minimization procedures by reviewing the cir9 cumstances under which information concerning United 

10 States persons was retained or disseminated.’’. 

11 (3) EMERGENCIES.—Section 403 of the Foreign 

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

13 1843) is amended— 

14 (A) by redesignating subsection (c) as sub15 section (d); and 

16 (B) by inserting after subsection (b) the fol17 lowing: 

18 ‘‘(c) If the Attorney General authorizes the emergency 

19 installation and use of a pen register or trap and trace 

20 device under this section, the Attorney General shall require 

21 that minimization procedures be followed, if appropriate.’’. 

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

23 the Foreign Intelligence Surveillance Act of 1978 (50 

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1 sions of this section’’ and inserting ‘‘minimization 

2 procedures required under this title’’. 

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

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

6 States Code, is amended by striking subsection (c) and in7 serting the following: 

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

9 ‘‘(1) PROHIBITION.— 

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

11 issued under subparagraph (B) and notice of the 

12 right to judicial review under paragraph (3) is 

13 provided, no wire or electronic communication 

14 service provider, or officer, employee, or agent 

15 thereof, that receives a request under subsection 

16 (a), shall disclose to any person that the Director 

17 of the Federal Bureau of Investigation has 

18 sought or obtained access to information or 

19 records under this section. 

20 ‘‘(B) CERTIFICATION.—The requirements of 

21 subparagraph (A) shall apply if the Director of 

22 the Federal Bureau of Investigation, or a des23 ignee of the Director whose rank shall be no 

24 lower than Deputy Assistant Director at Bureau 

25 headquarters or a Special Agent in Charge of a 


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1 Bureau field office, certifies that, absent a prohi2 bition of disclosure under this subsection, there 

3 may result— 

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

5 of the United States; 

6 ‘‘(ii) interference with a criminal, 

7 counterterrorism, or counterintelligence in8 vestigation; 

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

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

12 safety of any person. 

13 ‘‘(2) EXCEPTION.— 

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

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

17 under subsection (a) may disclose information 

18 otherwise subject to any applicable nondisclosure 

19 requirement to— 

20 ‘‘(i) those persons to whom disclosure 

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

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

24 legal advice or assistance regarding the re25 quest; or 


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1 ‘‘(iii) other persons as permitted by the 

2 Director of the Federal Bureau of Investiga3 tion or the designee of the Director. 

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

6 Federal Bureau of Investigation or the designee 

7 of the Director, those persons to whom disclosure 

8 will be made under subparagraph (A)(i) or to 

9 whom such disclosure was made before the re10 quest shall be identified to the Director or the 

11 designee. 

12 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

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

16 whom a request is issued under subsection (a) in 

17 the same manner as the person to whom the re18 quest is issued. 

19 ‘‘(D) NOTICE.—Any recipient that discloses 

20 to a person described in subparagraph (A) infor21 mation otherwise subject to a nondisclosure re22 quirement shall inform the person of the applica23 ble nondisclosure requirement. 

24 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 


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

2 communications service provider that receives a 

3 request under subsection (a) shall have the right 

4 to judicial review of any applicable nondisclo5 sure requirement. 

6 ‘‘(B) NOTIFICATION.—A request under sub7 section (a) shall state that if the recipient wishes 

8 to have a court review a nondisclosure require9 ment, the recipient shall notify the Government. 

10 ‘‘(C) INITIATION OF PROCEEDINGS.—If a re11 cipient of a request under subsection (a) makes 

12 a notification under subparagraph (B), the Gov13 ernment shall initiate judicial review under the 

14 procedures established in section 3511 of this 

15 title, unless an appropriate official of the Fed16 eral Bureau of the Investigation makes a notifi17 cation under paragraph (4). 

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

19 for which a recipient has submitted a notification 

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

21 nondisclosure requirement cease to exist, an appro22 priate official of the Federal Bureau of Investigation 

23 shall promptly notify the wire or electronic service 

24 provider, or officer, employee, or agent thereof, subject 


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1 to the nondisclosure requirement that the nondisclo2 sure requirement is no longer in effect.’’. 

3 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND CRED4 IT REPORTS.—Section 626 of the Fair Credit Reporting Act 

5 (15 U.S.C. 1681u) is amended by striking subsection (d) 

6 and inserting the following: 

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

8 ‘‘(1) PROHIBITION.— 

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

10 issued under subparagraph (B) and notice of the 

11 right to judicial review under paragraph (3) is 

12 provided, no consumer reporting agency, or offi13 cer, employee, or agent thereof, that receives a re14 quest or order under subsection (a), (b), or (c), 

15 shall disclose or specify in any consumer report, 

16 that the Federal Bureau of Investigation has 

17 sought or obtained access to information or 

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

19 ‘‘(B) CERTIFICATION.—The requirements of 

20 subparagraph (A) shall apply if the Director of 

21 the Federal Bureau of Investigation, or a des22 ignee of the Director whose rank shall be no 

23 lower than Deputy Assistant Director at Bureau 

24 headquarters or a Special Agent in Charge of a 

25 Bureau field office, certifies that, absent a prohiVerDate Nov 24 2008 00:30 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6203 E:\BILLS\S1692.RS S1692

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1 bition of disclosure under this subsection, there 

2 may result— 

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

4 of the United States; 

5 ‘‘(ii) interference with a criminal, 

6 counterterrorism, or counterintelligence in7 vestigation; 

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

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

11 safety of any person. 

12 ‘‘(2) EXCEPTION.— 

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

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

15 that receives a request or order under subsection 

16 (a), (b), or (c) may disclose information other17 wise subject to any applicable nondisclosure re18 quirement to— 

19 ‘‘(i) those persons to whom disclosure 

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

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

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


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1 ‘‘(iii) other persons as permitted by the 

2 Director of the Federal Bureau of Investiga3 tion or the designee of the Director. 

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

6 Federal Bureau of Investigation or the designee 

7 of the Director, those persons to whom disclosure 

8 will be made under subparagraph (A)(i) or to 

9 whom such disclosure was made before the re10 quest shall be identified to the Director or the 

11 designee. 

12 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

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

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

18 person to whom the request or order is issued. 

19 ‘‘(D) NOTICE.—Any recipient that discloses 

20 to a person described in subparagraph (A) infor21 mation otherwise subject to a nondisclosure re22 quirement shall inform the person of the applica23 ble nondisclosure requirement. 

24 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 


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

2 agency that receives a request or order under 

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

4 judicial review of any applicable nondisclosure 

5 requirement. 

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

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

8 if the recipient wishes to have a court review a 

9 nondisclosure requirement, the recipient shall no10 tify the Government. 

11 ‘‘(C) INITIATION OF PROCEEDINGS.—If a re12 cipient of a request or order under subsection 

13 (a), (b), or (c) makes a notification under sub14 paragraph (B), the Government shall initiate ju15 dicial review under the procedures established in 

16 section 3511 of title 18, United States Code, un17 less an appropriate official of the Federal Bu18 reau of Investigation makes a notification under 

19 paragraph (4). 

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

21 or order for which a consumer reporting agency has 

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

23 the facts supporting a nondisclosure requirement cease 

24 to exist, an appropriate official of the Federal Bureau 

25 of Investigation shall promptly notify the consumer 


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1 reporting agency, or officer, employee, or agent there2 of, subject to the nondisclosure requirement that the 

3 nondisclosure requirement is no longer in effect.’’. 

4 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES FOR

5 COUNTERTERRORISM PURPOSES.—Section 627 of the Fair 

6 Credit Reporting Act (15 U.S.C. 1681v) is amended by 

7 striking subsection (c) and inserting the following: 

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

9 ‘‘(1) PROHIBITION.— 

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

11 issued under subparagraph (B) and notice of the 

12 right to judicial review under paragraph (3) is 

13 provided, no consumer reporting agency, or offi14 cer, employee, or agent thereof, that receives a re15 quest under subsection (a), shall disclose to any 

16 person or specify in any consumer report, that 

17 a government agency has sought or obtained ac18 cess to information under subsection (a). 

19 ‘‘(B) CERTIFICATION.—The requirements of 

20 subparagraph (A) shall apply if the head of a 

21 government agency authorized to conduct inves22 tigations of, or intelligence or counterintelligence 

23 activities or analysis related to, international 

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


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1 prohibition of disclosure under this subsection, 

2 there may result— 

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

4 of the United States; 

5 ‘‘(ii) interference with a criminal, 

6 counterterrorism, or counterintelligence in7 vestigation; 

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

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

11 safety of any person. 

12 ‘‘(2) EXCEPTION.— 

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

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

15 that receives a request under subsection (a) may 

16 disclose information otherwise subject to any ap17 plicable nondisclosure requirement to— 

18 ‘‘(i) those persons to whom disclosure 

19 is necessary in order to comply with the re20 quest; 

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

22 legal advice or assistance regarding the re23 quest; or 

24 ‘‘(iii) other persons as permitted by the 

25 head of the government agency authorized to 


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1 conduct investigations of, or intelligence or 

2 counterintelligence activities or analysis re3 lated to, international terrorism, or a des4 ignee. 

5 ‘‘(B) PERSONS NECESSARY FOR COMPLI6 ANCE.—Upon a request by the head of a govern7 ment agency authorized to conduct investigations 

8 of, or intelligence or counterintelligence activities 

9 or analysis related to, international terrorism, or 

10 a designee, those persons to whom disclosure will 

11 be made under subparagraph (A)(i) or to whom 

12 such disclosure was made before the request shall 

13 be identified to the head of the government agen14 cy or the designee. 

15 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

16 person to whom disclosure is made under sub17 paragraph (A) shall be subject to the nondisclo18 sure requirements applicable to a person to 

19 whom a request is issued under subsection (a) in 

20 the same manner as the person to whom the re21 quest is issued. 

22 ‘‘(D) NOTICE.—Any recipient that discloses 

23 to a person described in subparagraph (A) infor24 mation otherwise subject to a nondisclosure reVerDate Nov 24 2008 00:30 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\S1692.RS S1692

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1 quirement shall inform the person of the applica2 ble nondisclosure requirement. 

3 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

5 agency that receives a request under subsection 

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

7 applicable nondisclosure requirement. 

8 ‘‘(B) NOTIFICATION.—A request under sub9 section (a) shall state that if the recipient wishes 

10 to have a court review a nondisclosure require11 ment, the recipient shall notify the government. 

12 ‘‘(C) INITIATION OF PROCEEDINGS.—If a re13 cipient of a request under subsection (a) makes 

14 a notification under subparagraph (B), the gov15 ernment shall initiate judicial review under the 

16 procedures established in section 3511 of title 18, 

17 United States Code, unless an appropriate offi18 cial of the government agency authorized to con19 duct investigations of, or intelligence or counter20 intelligence activities or analysis related to, 

21 international terrorism makes a notification 

22 under paragraph (4). 

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

24 for which a consumer reporting agency has submitted 

25 a notification under paragraph (3)(B), if the facts 


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1 supporting a nondisclosure requirement cease to exist, 

2 an appropriate official of the government agency au3 thorized to conduct investigations of, or intelligence or 

4 counterintelligence activities or analysis related to, 

5 international terrorism shall promptly notify the con6 sumer reporting agency, or officer, employee, or agent 

7 thereof, subject to the nondisclosure requirement that 

8 the nondisclosure requirement is no longer in effect.’’. 

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

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

11 3414(a)(5)) is amended by striking subparagraph (D) and 

12 inserting the following: 

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

14 ‘‘(i) PROHIBITION.— 

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

16 issued under subclause (II) and notice of the 

17 right to judicial review under clause (iii) is pro18 vided, no financial institution, or officer, em19 ployee, or agent thereof, that receives a request 

20 under subparagraph (A), shall disclose to any 

21 person that the Federal Bureau of Investigation 

22 has sought or obtained access to information or 

23 records under subparagraph (A). 

24 ‘‘(II) CERTIFICATION.—The requirements of 

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


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1 Federal Bureau of Investigation, or a designee of 

2 the Director whose rank shall be no lower than 

3 Deputy Assistant Director at Bureau head4 quarters or a Special Agent in Charge of a Bu5 reau field office, certifies that, absent a prohibi6 tion of disclosure under this subparagraph, there 

7 may result— 

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

9 of the United States; 

10 ‘‘(bb) interference with a criminal, 

11 counterterrorism, or counterintelligence in12 vestigation; 

13 ‘‘(cc) interference with diplomatic rela14 tions; or 

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

16 safety of any person. 

17 ‘‘(ii) EXCEPTION.— 

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

19 or officer, employee, or agent thereof, that re20 ceives a request under subparagraph (A) may 

21 disclose information otherwise subject to any ap22 plicable nondisclosure requirement to— 

23 ‘‘(aa) those persons to whom disclosure 

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


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

2 legal advice or assistance regarding the re3 quest; or 

4 ‘‘(cc) other persons as permitted by the 

5 Director of the Federal Bureau of Investiga6 tion or the designee of the Director. 

7 ‘‘(II) PERSONS NECESSARY FOR COMPLI8 ANCE.—Upon a request by the Director of the 

9 Federal Bureau of Investigation or the designee 

10 of the Director, those persons to whom disclosure 

11 will be made under subclause (I)(aa) or to whom 

12 such disclosure was made before the request shall 

13 be identified to the Director or the designee. 

14 ‘‘(III) NONDISCLOSURE REQUIREMENT.—A 

15 person to whom disclosure is made under sub16 clause (I) shall be subject to the nondisclosure re17 quirements applicable to a person to whom a re18 quest is issued under subparagraph (A) in the 

19 same manner as the person to whom the request 

20 is issued. 

21 ‘‘(IV) NOTICE.—Any recipient that discloses 

22 to a person described in subclause (I) informa23 tion otherwise subject to a nondisclosure require24 ment shall inform the person of the applicable 

25 nondisclosure requirement. 


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1 ‘‘(iii) RIGHT TO JUDICIAL REVIEW.— 

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

3 that receives a request under subparagraph (A) 

4 shall have the right to judicial review of any ap5 plicable nondisclosure requirement. 

6 ‘‘(II) NOTIFICATION.—A request under sub7 paragraph (A) shall state that if the recipient 

8 wishes to have a court review a nondisclosure re9 quirement, the recipient shall notify the Govern10 ment. 

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

12 recipient of a request under subparagraph (A) 

13 makes a notification under subclause (II), the 

14 Government shall initiate judicial review under 

15 the procedures established in section 3511 of title 

16 18, United States Code, unless an appropriate 

17 official of the Federal Bureau of Investigation 

18 makes a notification under clause (iv). 

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

20 for which a financial institution has submitted a no21 tification under clause (iii)(II), if the facts sup22 porting a nondisclosure requirement cease to exist, an 

23 appropriate official of the Federal Bureau of Inves24 tigation shall promptly notify the financial institu25 tion, or officer, employee, or agent thereof, subject to 


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1 the nondisclosure requirement that the nondisclosure 

2 requirement is no longer in effect.’’. 

3 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE AGEN4 CIES.—Section 802 of the National Security Act of 1947 

5 (50 U.S.C. 436), is amended by striking subsection (b) and 

6 inserting the following: 

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

8 ‘‘(1) PROHIBITION.— 

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

10 issued under subparagraph (B) and notice of the 

11 right to judicial review under paragraph (3) is 

12 provided, no governmental or private entity, or 

13 officer, employee, or agent thereof, that receives a 

14 request under subsection (a), shall disclose to any 

15 person that an authorized investigative agency 

16 described in subsection (a) has sought or ob17 tained access to information under subsection 

18 (a). 

19 ‘‘(B) CERTIFICATION.—The requirements of 

20 subparagraph (A) shall apply if the head of an 

21 authorized investigative agency described in sub22 section (a), or a designee, certifies that, absent a 

23 prohibition of disclosure under this subsection, 

24 there may result— 


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

2 of the United States; 

3 ‘‘(ii) interference with a criminal, 

4 counterterrorism, or counterintelligence in5 vestigation; 

6 ‘‘(iii) interference with diplomatic re7 lations; or 

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

9 safety of any person. 

10 ‘‘(2) EXCEPTION.— 

11 ‘‘(A) IN GENERAL.—A governmental or pri12 vate entity, or officer, employee, or agent thereof, 

13 that receives a request under subsection (a) may 

14 disclose information otherwise subject to any ap15 plicable nondisclosure requirement to— 

16 ‘‘(i) those persons to whom disclosure 

17 is necessary in order to comply with the re18 quest; 

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

20 legal advice or assistance regarding the re21 quest; or 

22 ‘‘(iii) other persons as permitted by the 

23 head of the authorized investigative agency 

24 described in subsection (a). 


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1 ‘‘(B) PERSONS NECESSARY FOR COMPLI2 ANCE.—Upon a request by the head of an au3 thorized investigative agency described in sub4 section (a), or a designee, those persons to whom 

5 disclosure will be made under subparagraph 

6 (A)(i) or to whom such disclosure was made be7 fore the request shall be identified to the head of 

8 the authorized investigative agency or the des9 ignee. 

10 ‘‘(C) 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) in 

15 the same manner as the person to whom the re16 quest is issued. 

17 ‘‘(D) NOTICE.—Any recipient that discloses 

18 to a person described in subparagraph (A) infor19 mation otherwise subject to a nondisclosure re20 quirement shall inform the person of the applica21 ble nondisclosure requirement. 

22 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

23 ‘‘(A) IN GENERAL.—A governmental or pri24 vate entity that receives a request under subVerDate Nov 24 2008 00:30 Oct 14, 2009 Jkt 089200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6203 E:\BILLS\S1692.RS S1692

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1 section (a) shall have the right to judicial review 

2 of any applicable nondisclosure requirement. 

3 ‘‘(B) NOTIFICATION.—A request under sub4 section (a) shall state that if the recipient wishes 

5 to have a court review a nondisclosure require6 ment, the recipient shall notify the Government. 

7 ‘‘(C) INITIATION OF PROCEEDINGS.—If a re8 cipient of a request under subsection (a) makes 

9 a notification under subparagraph (B), the Gov10 ernment shall initiate judicial review under the 

11 procedures established in section 3511 of title 18, 

12 United States Code, unless an appropriate offi13 cial of the authorized investigative agency de14 scribed in subsection (a) makes a notification 

15 under paragraph (4). 

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

17 for which a governmental or private entity has sub18 mitted a notification under paragraph (3)(B), if the 

19 facts supporting a nondisclosure requirement cease to 

20 exist, an appropriate official of the authorized inves21 tigative agency described in subsection (a) shall 

22 promptly notify the governmental or private entity, 

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

24 nondisclosure requirement that the nondisclosure re25 quirement is no longer in effect.’’. 


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

2 SECURITY LETTERS. 

3 (a) FISA.—Section 501(f)(2) of the Foreign Intel4 ligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is 

5 amended— 

6 (1) in subparagraph (A)— 

7 (A) in clause (i)— 

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

9 and inserting ‘‘a production order or non10 disclosure order’’; and 

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

12 and all that follows; and 

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

14 order or nondisclosure’’; and 

15 (2) in subparagraph (C)— 

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

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

18 (ii). 

19 (b) JUDICIAL REVIEW OF NATIONAL SECURITY LET20 TERS.—Section 3511(b) of title 18, United States Code, is 

21 amended to read as follows: 

22 ‘‘(b) NONDISCLOSURE.— 

23 ‘‘(1) IN GENERAL.— 

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

25 order for a report, records, or other information 

26 under section 2709 of this title, section 626 or 


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1 627 of the Fair Credit Reporting Act (15 U.S.C. 

2 1681u and 1681v), section 1114 of the Right to 

3 Financial Privacy Act of 1978 (12 U.S.C. 3414), 

4 or section 802 of the National Security Act of 

5 1947 (50 U.S.C. 436), wishes to have a court re6 view a nondisclosure requirement imposed in 

7 connection with the request or order, the recipi8 ent shall notify the Government. 

9 ‘‘(B) APPLICATION.—Not later than 30 days 

10 after the date of receipt of a notification under 

11 subparagraph (A), the Government shall apply 

12 for an order prohibiting the disclosure of the ex13 istence or contents of the relevant request or 

14 order. An application under this subparagraph 

15 may be filed in the district court of the United 

16 States for any district within which the author17 ized investigation that is the basis for the request 

18 or order is being conducted. The applicable non19 disclosure requirement shall remain in effect 

20 during the pendency of proceedings relating to 

21 the requirement. 

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

23 the United States that receives an application 

24 under subparagraph (B) should rule expedi25 tiously, and shall, subject to paragraph (3), issue 


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1 a nondisclosure order that includes conditions 

2 appropriate to the circumstances. 

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

4 for a nondisclosure order or extension thereof under 

5 this subsection shall include a certification from the 

6 Attorney General, Deputy Attorney General, an As7 sistant Attorney General, or the Director of the Fed8 eral Bureau of Investigation, or in the case of a re9 quest by a department, agency, or instrumentality of 

10 the Federal Government other than the Department of 

11 Justice, the head or deputy head of the department, 

12 agency, or instrumentality, containing a statement of 

13 specific and articulable facts indicating that, absent 

14 a prohibition of disclosure under this subsection, there 

15 may result— 

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

17 the United States; 

18 ‘‘(B) interference with a criminal, counter19 terrorism, or counterintelligence investigation; 

20 ‘‘(C) interference with diplomatic relations; 

21 or 

22 ‘‘(D) danger to the life or physical safety of 

23 any person. 

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

25 States shall issue a nondisclosure requirement order 


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1 or extension thereof under this subsection if the court 

2 determines, giving substantial weight to the certifi3 cation under paragraph (2) that there is reason to be4 lieve that disclosure of the information subject to the 

5 nondisclosure requirement during the applicable time 

6 period will result in— 

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

8 the United States; 

9 ‘‘(B) interference with a criminal, counter10 terrorism, or counterintelligence investigation; 

11 ‘‘(C) interference with diplomatic relations; 

12 or 

13 ‘‘(D) danger to the life or physical safety of 

14 any person.’’. 

15 (c) MINIMIZATION.—Section 501(g)(1) of the Foreign 

16 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)(1)) 

17 is amended by striking ‘‘Not later than’’ and all that follows 

18 and inserting ‘‘At or before the end of the period of time 

19 for the production of tangible things under an order ap20 proved under this section or at any time after the produc21 tion of tangible things under an order approved under this 

22 section, a judge may assess compliance with the minimiza23 tion procedures by reviewing the circumstances under which 

24 information concerning United States persons was retained 

25 or disseminated.’’. 


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1 SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL 

2 AND TRANSACTIONAL RECORDS. 

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

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

5 (1) by redesignating subsections (c), (d), (e), and 

6 (f) as subsections (d), (e), (f), and (g), respectively; 

7 and 

8 (2) by inserting after subsection (b) the fol9 lowing: 

10 ‘‘(c) WRITTEN STATEMENT.—The Director of the Fed11 eral Bureau of Investigation, or a designee in a position 

12 not lower than Deputy Assistant Director at Bureau head13 quarters or a Special Agent in Charge in a Bureau field 

14 office designated by the Director, may make a certification 

15 under subsection (b) only upon a written statement, which 

16 shall be retained by the Federal Bureau of Investigation, 

17 of specific facts showing that there are reasonable grounds 

18 to believe that the information sought is relevant to the au19 thorized investigation described in subsection (b).’’. 

20 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND CRED21 IT REPORTS.—Section 626 of the Fair Credit Reporting Act 

22 (15 U.S.C. 1681u), as amended by this Act, is amended— 

23 (1) by redesignating subsections (d) through (m) 

24 as subsections (e) through (n), respectively; and 

25 (2) by inserting after subsection (c) the fol26 lowing: 


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1 ‘‘(d) WRITTEN STATEMENT.—The Director of the Fed2 eral Bureau of Investigation, or a designee in a position 

3 not lower than Deputy Assistant Director at Bureau head4 quarters or a Special Agent in Charge in a Bureau field 

5 office designated by the Director, may make a certification 

6 under subsection (a) or (b) only upon a written statement, 

7 which shall be retained by the Federal Bureau of Investiga8 tion, of specific facts showing that there are reasonable 

9 grounds to believe that the information sought is relevant 

10 to the authorized investigation described in subsection (a) 

11 or (b), as the case may be.’’. 

12 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES FOR

13 COUNTERTERRORISM PURPOSES.—Section 627(b) of the 

14 Fair Credit Reporting Act (15 U.S.C. 1681v(b)) is amend15 ed— 

16 (1) in the subsection heading, by striking ‘‘FORM

17 OF CERTIFICATION’’ and inserting ‘‘CERTIFICATION’’; 

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

19 the following: 

20 ‘‘(1) FORM OF CERTIFICATION.—The certifi21 cation’’; and 

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

23 ‘‘(2) WRITTEN STATEMENT.—A supervisory offi24 cial or officer described in paragraph (1) may make 

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1 ten statement, which shall be retained by the govern2 ment agency, of specific facts showing that there are 

3 reasonable grounds to believe that the information 

4 sought is relevant to the authorized investigation de5 scribed in subsection (a).’’. 

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

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

8 3414(a)(5)), as amended by this Act, is amended— 

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

10 and (D) as subparagraphs (C), (D), and (E), respec11 tively; and 

12 (2) by inserting after subparagraph (A) the fol13 lowing: 

14 ‘‘(B) The Director of the Federal Bureau of Investiga15 tion, or a designee in a position not lower than Deputy 

16 Assistant Director at Bureau headquarters or a Special 

17 Agent in Charge in a Bureau field office designated by the 

18 Director, may make a certification under subparagraph (A) 

19 only upon a written statement, which shall be retained by 

20 the Federal Bureau of Investigation, of specific facts show21 ing that there are reasonable grounds to believe that the in22 formation sought is relevant to the authorized investigation 

23 described in subparagraph (A).’’. 

24 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE AGEN25 CIES.—Section 802(a) of the National Security Act of 1947 


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1 (50 U.S.C. 436(a)) is amended by adding at the end the 

2 following: 

3 ‘‘(4) A department or agency head, deputy department 

4 or agency head, or senior official described in paragraph 

5 (3)(A) may make a certification under paragraph (3)(A) 

6 only upon a written statement, which shall be retained by 

7 the authorized investigative agency, of specific facts showing 

8 that there are reasonable grounds to believe that the infor9 mation sought is relevant to the authorized inquiry or in10 vestigation described in paragraph (3)(A)(ii).’’. 

11 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 (1) OBSTRUCTION OF CRIMINAL INVESTIGA13 TIONS.—Section 1510(e) of title 18, United States 

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

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

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

17 1681v(c)(1)), section 1114(a)(3)(A) or 

18 1114(a)(5)(D)(i) of the Right to Financial Privacy 

19 Act (12 U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)),’’ 

20 and inserting ‘‘section 2709(d)(1) of this title, section 

21 626(e)(1) or 627(c)(1) of the Fair Credit Reporting 

22 Act (15 U.S.C. 1681u(e)(1) and 1681v(c)(1)), section 

23 1114(a)(3)(A) or 1114(a)(5)(E)(i) of the Right to Fi24 nancial Privacy Act of 1978 (12 U.S.C. 

25 3414(a)(3)(A) and 3414(a)(5)(E)(i)),’’. 


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

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

3 415b(b)) is amended— 

4 (A) in paragraph (4), by striking ‘‘section 

5 624(h)(2) of the Fair Credit Reporting Act (15 

6 U.S.C. 1681u(h)(2))’’ and inserting ‘‘section 

7 626(i)(2) of the Fair Credit Reporting Act (15 

8 U.S.C. 1681u(i)(2))’’; and 

9 (B) in paragraph (5), by striking ‘‘section 

10 1114(a)(5)(C) of the Right to Financial Privacy 

11 Act of 1978 (12 U.S.C. 3414(a)(5)(C))’’ and in12 serting ‘‘section 1114(a)(5)(D) of the Right to 

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

14 3414(a)(5)(D))’’. 

15 SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LET16 TERS. 

17 Section 118(c) of the USA PATRIOT Improvement 

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

19 amended— 

20 (1) in paragraph (1)— 

21 (A) in the matter preceding subparagraph 

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

23 States persons’’; and 


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1 (B) in subparagraph (A), by striking ‘‘, ex2 cluding the number of requests for subscriber in3 formation’’; 

4 (2) by redesignating paragraph (2) as para5 graph (3); and 

6 (3) by inserting after paragraph (1) the fol7 lowing: 

8 ‘‘(2) CONTENT.— 

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

10 subparagraph (B), each report required under 

11 this subsection shall include the total number of 

12 requests described in paragraph (1) requiring 

13 disclosure of information concerning— 

14 ‘‘(i) United States persons; 

15 ‘‘(ii) persons who are not United 

16 States persons; 

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

18 authorized national security investigations; 

19 or 

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

21 of authorized national security investiga22 tions. 

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

24 number of requests for subscriber information 

25 under section 2709 of title 18, United States 


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1 Code, a report required under this subsection 

2 need not provide information separated into each 

3 of the categories described in subparagraph 

4 (A).’’. 

5 SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTEL6 LIGENCE SURVEILLANCE ACT. 

7 Section 601 of the Foreign Intelligence Surveillance 

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

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

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

11 (2) by inserting after subsection (a) the fol12 lowing: 

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

14 make publicly available the portion of each report under 

15 subsection (a) relating to paragraphs (1) and (2) of sub16 section (a).’’; and 

17 (3) in subsection (e), as so redesignated, by strik18 ing ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’. 

19 SEC. 10. AUDITS. 

20 (a) TANGIBLE THINGS.—Section 106A of the USA PA21 TRIOT Improvement and Reauthorization Act of 2005 

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

23 (1) in subsection (b)— 

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

25 and inserting ‘‘2011’’; and 


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1 (B) in paragraph (5)(C), by striking ‘‘cal2 endar year 2006’’ and inserting ‘‘each of cal3 endar years 2006 through 2011’’; 

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

5 following: 

6 ‘‘(3) CALENDAR YEARS 2007, 2008, AND 2009.—Not 

7 later than June 30, 2011, the Inspector General of the 

8 Department of Justice shall submit to the Committee 

9 on the Judiciary and the Permanent Select Com10 mittee on Intelligence of the House of Representatives 

11 and the Committee on the Judiciary and the Select 

12 Committee on Intelligence of the Senate a report con13 taining the results of the audit conducted under this 

14 section for calendar years 2007, 2008, and 2009. 

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

16 than December 31, 2012, the Inspector General of the 

17 Department of Justice shall submit to the Committee 

18 on the Judiciary and the Permanent Select Com19 mittee on Intelligence of the House of Representatives 

20 and the Committee on the Judiciary and the Select 

21 Committee on Intelligence of the Senate a report con22 taining the results of the audit conducted under this 

23 section for calendar years 2010 and 2011.’’; 

24 (3) in subsection (d)— 


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

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

3 and 

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

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

6 and 

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

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

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

10 the USA PATRIOT Improvement and Reauthorization Act 

11 of 2005 (Public Law 109–177; 120 Stat. 219) is amended— 

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

13 inserting ‘‘2011’’; 

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

15 following: 

16 ‘‘(3) CALENDAR YEARS 2007, 2008, AND 2009.—Not 

17 later than June 30, 2011, the Inspector General of the 

18 Department of Justice shall submit to the Committee 

19 on the Judiciary and the Permanent Select Com20 mittee on Intelligence of the House of Representatives 

21 and the Committee on the Judiciary and the Select 

22 Committee on Intelligence of the Senate a report con23 taining the results of the audit conducted under this 

24 section for calendar years 2007, 2008, and 2009. 


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

2 than December 31, 2012, the Inspector General of the 

3 Department of Justice shall submit to the Committee 

4 on the Judiciary and the Permanent Select Com5 mittee on Intelligence of the House of Representatives 

6 and the Committee on the Judiciary and the Select 

7 Committee on Intelligence of the Senate a report con8 taining the results of the audit conducted under this 

9 section for calendar years 2010 and 2011.’’; 

10 (3) in subsection (d)— 

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

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

13 and 

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

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

16 and 

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

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

19 (c) PEN REGISTERS AND TRAP AND TRACE DE20 VICES.— 

21 (1) AUDITS.—The Inspector General of the De22 partment of Justice shall perform comprehensive au23 dits of the effectiveness and use, including any im24 proper or illegal use, of pen registers and trap and 

25 trace devices under title IV of the Foreign Intelligence 


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1 Surveillance Act of 1978 (50 U.S.C. 1841 et seq.) dur2 ing the period beginning on January 1, 2007 and 

3 ending on December 31, 2011. 

4 (2) REQUIREMENTS.—The audits required under 

5 paragraph (1) shall include— 

6 (A) an examination of the use of pen reg7 isters and trap and trace devices under title IV 

8 of the Foreign Intelligence Surveillance Act of 

9 1978 for calendar years 2007 through 2011; 

10 (B) an examination of the installation and 

11 use of a pen register or trap and trace device on 

12 emergency bases under section 403 of the Foreign 

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

14 1843); 

15 (C) any noteworthy facts or circumstances 

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

17 trace device under title IV of the Foreign Intel18 ligence Surveillance Act of 1978, including any 

19 improper or illegal use of the authority provided 

20 under that title; and 

21 (D) an examination of the effectiveness of 

22 the authority under title IV of the Foreign Intel23 ligence Surveillance Act of 1978 as an investiga24 tive tool, including— 


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1 (i) the importance of the information 

2 acquired to the intelligence activities of the 

3 Federal Bureau of Investigation or any 

4 other department or agency of the Federal 

5 Government; 

6 (ii) the manner in which the informa7 tion is collected, retained, analyzed, and 

8 disseminated by the Federal Bureau of In9 vestigation, including any direct access to 

10 the information provided to any other de11 partment, agency, or instrumentality of 

12 Federal, State, local, or tribal governments 

13 or any private sector entity; 

14 (iii) with respect to calendar years 

15 2010 and 2011, an examination of the 

16 minimization procedures used in relation to 

17 pen registers and trap and trace devices 

18 under title IV of the Foreign Intelligence 

19 Surveillance Act of 1978 and whether the 

20 minimization procedures protect the con21 stitutional rights of United States persons 

22 (as defined in section 101 of the Foreign In23 telligence Surveillance Act of 1978 (50 

24 U.S.C. 1801)); 


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1 (iv) whether, and how often, the Fed2 eral Bureau of Investigation used informa3 tion acquired under a pen register or trap 

4 and trace device under title IV of the For5 eign Intelligence Surveillance Act of 1978 to 

6 produce an analytical intelligence product 

7 for distribution within the Federal Bureau 

8 of Investigation, to the intelligence commu9 nity (as defined in section 3(4) of the Na10 tional Security Act of 1947 (50 U.S.C. 

11 401a(4))), or to other Federal, State, local, 

12 or tribal government departments, agencies, 

13 or instrumentalities; and 

14 (v) whether, and how often, the Federal 

15 Bureau of Investigation provided informa16 tion acquired under a pen register or trap 

17 and trace device under title IV of the For18 eign Intelligence Surveillance Act of 1978 to 

19 law enforcement authorities for use in 

20 criminal proceedings. 

21 (3) SUBMISSION DATES.— 

22 (A) PRIOR YEARS.—Not later than June 30, 

23 2011, the Inspector General of the Department of 

24 Justice shall submit to the Committee on the Ju25 diciary and the Select Committee on Intelligence 


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1 of the Senate and the Committee on the Judici2 ary and the Permanent Select Committee on In3 telligence of the House of Representatives a re4 port containing the results of the audit conducted 

5 under this section for calendar years 2007 

6 through 2009. 

7 (B) CALENDAR YEARS 2010 AND 2011.—Not 

8 later than December 21, 2012, the Inspector Gen9 eral of the Department of Justice shall submit to 

10 the Committee on the Judiciary and the Select 

11 Committee on Intelligence of the Senate and the 

12 Committee on the Judiciary and the Permanent 

13 Select Committee on Intelligence of the House of 

14 Representatives a report containing the results of 

15 the audit conducted under this section for cal16 endar years 2010 and 2011. 

17 (4) PRIOR NOTICE TO ATTORNEY GENERAL AND

18 DIRECTOR OF NATIONAL INTELLIGENCE; COMMENTS.— 

19 (A) NOTICE.—Not less than 30 days before 

20 the submission of a report under subparagraph 

21 (A) or (B) of paragraph (3), the Inspector Gen22 eral of the Department of Justice shall provide 

23 the report to the Attorney General and the Direc24 tor of National Intelligence. 


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1 (B) COMMENTS.—The Attorney General or 

2 the Director of National Intelligence may pro3 vide such comments to be included in a report 

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

5 paragraph (3) as the Attorney General or the 

6 Director of National Intelligence may consider 

7 necessary. 

8 (5) UNCLASSIFIED FORM.—A report submitted 

9 under subparagraph (A) or (B) of paragraph (3) and 

10 any comments included under paragraph (4)(B) shall 

11 be in unclassified form, but may include a classified 

12 annex. 

13 SEC. 11. DELAYED NOTICE SEARCH WARRANTS. 

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

15 amended by striking ‘‘30 days’’ and inserting ‘‘7 days’’. 

16 SEC. 12. MINIMIZATION. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of enactment of this Act, the Attorney General shall— 

19 (1) establish minimization procedures governing 

20 the acquisition, retention, and dissemination by the 

21 Federal Bureau of Investigation of any records re22 ceived by the Federal Bureau of Investigation in re23 sponse to a national security letter; and 

24 (2) submit to the Committee on the Judiciary 

25 and the Select Committee on Intelligence of the Senate 


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1 and the Committee on the Judiciary and the Perma2 nent Select Committee on Intelligence of the House of 

3 Representatives a copy of the minimization proce4 dures established under paragraph (1). 

5 (b) DEFINITIONS.—In this section— 

6 (1) the term ‘‘minimization procedures’’ 

7 means— 

8 (A) specific procedures that are reasonably 

9 designed in light of the purpose and technique of 

10 a national security letter, to minimize the acqui11 sition and retention, and prohibit the dissemina12 tion, of nonpublicly available information con13 cerning unconsenting United States persons (as 

14 defined in section 101 of the Foreign Intelligence 

15 Surveillance Act of 1978 (50 U.S.C. 1801)) con16 sistent with the need of the United States to ob17 tain, produce, and disseminate foreign intel18 ligence information; 

19 (B) procedures that require that nonpub20 licly available information, which is not foreign 

21 intelligence information (as defined in section 

22 101(e)(1) of the Foreign Intelligence Surveillance 

23 Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be 

24 disseminated in a manner that identifies any 

25 United States person, without the consent of the 


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1 United States person, unless the identity of the 

2 United States person is necessary to understand 

3 foreign intelligence information or assess its im4 portance; and 

5 (C) notwithstanding subparagraphs (A) and 

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

7 dissemination of information that is evidence of 

8 a crime which has been, is being, or is about to 

9 be committed and that is to be retained or dis10 seminated for law enforcement purposes; and 

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

12 national security letter issued under section 2709 of 

13 title 18, United States Code, section 1114(a)(5) of the 

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

15 3414(5)), subsection (a) or (b) of section 626 of the 

16 Fair Credit Reporting Act (15 U.S.C. 1681u), or sec17 tion 627 of the Fair Credit Reporting Act (15 U.S.C. 

18 1681v). 


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Calendar No. 177 

111TH CONGRESS 

1ST SESSION S. 1692 

A BILL 

To extend the sunset of certain provisions of the 

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

OCTOBER 13, 2009 

Reported with an amendment 


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