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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1692 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``USA PATRIOT Act Sunset 
Extension Act of 2009''.</DELETED>

<DELETED>SEC. 2. SUNSETS.</DELETED>

<DELETED>    (a) Sections 206 and 215 Sunset.--</DELETED>
        <DELETED>    (1) In general.--Section 102(b)(1) of the USA 
        PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 
        109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 
        U.S.C. 1862 note) is amended by striking ``2009'' and inserting 
        ``2013''.</DELETED>
        <DELETED>    (2) Conforming amendments.--</DELETED>
                <DELETED>    (A) In general.--Section 601(a)(1)(D) of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1871(a)(1)(D)) is amended by striking ``section 
                501;'' and inserting ``section 502 or under section 501 
                pursuant to section 102(b)(2) the USA PATRIOT 
                Improvement and Reauthorization Act of 2005 (Public Law 
                109-177; 50 U.S.C. 1861 note);''.</DELETED>
                <DELETED>    (B) Application under section 404 of the 
                fisa amendments act of 2008.--Section 404(b)(4)(A) of 
                the FISA Amendments Act of 2008 (Public Law 110-261; 
                122 Stat. 2477) is amended by striking the period at 
                the end and inserting ``, except that paragraph (1)(D) 
                of such section 601(a) shall be applied as if it read 
                as follows:</DELETED>
                <DELETED>    `(D) access to records under section 502 
                or under section 501 pursuant to section 102(b)(2) the 
                USA PATRIOT Improvement and Reauthorization Act of 2005 
                (Public Law 109-177; 50 U.S.C. 1861 
                note);'.''.</DELETED>
                <DELETED>    (C) Effective date.--The amendments made 
                by this paragraph shall take effect on December 31, 
                2013.</DELETED>
<DELETED>    (b) Extension of Sunset Relating to Individual Terrorists 
as Agents of Foreign Powers.--</DELETED>
        <DELETED>    (1) In general.--Section 6001(b) of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 50 U.S.C. 1801 note) is amended to read as 
        follows:</DELETED>
<DELETED>    ``(b) Sunset.--</DELETED>
        <DELETED>    ``(1) Repeal.--Subparagraph (C) of section 
        101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1801(b)(1)), as added by subsection (a), is repealed 
        effective December 31, 2013.</DELETED>
        <DELETED>    ``(2) Transition provision.--Notwithstanding 
        paragraph (1), subparagraph (C) of section 101(b)(1) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(b)(1)) shall continue to apply after December 31, 2013, 
        with respect to any particular foreign intelligence 
        investigation or with respect to any particular offense or 
        potential offense that began or occurred before December 31, 
        2013.''.</DELETED>
        <DELETED>    (2) Conforming amendment.--</DELETED>
                <DELETED>    (A) In general.--Section 601(a)(2) of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1871(a)(2)) is amended by striking the semicolon 
                at the end and inserting ``pursuant to subsection 
                (b)(2) of section 6001 of the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (Public Law 108-458; 
                50 U.S.C. 1801 note);''.</DELETED>
                <DELETED>    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect on December 31, 
                2013.</DELETED>
<DELETED>    (c) National Security Letters.--</DELETED>
        <DELETED>    (1) In general.--Effective on December 31, 2013, 
        the following provisions of law are repealed:</DELETED>
                <DELETED>    (A) Section 2709 of title 18, United 
                States Code.</DELETED>
                <DELETED>    (B) Section 1114(a)(5) of the Right to 
                Financial Privacy Act of 1978 (12 U.S.C. 
                3414(a)(5)).</DELETED>
                <DELETED>    (C) Subsections (a) and (b) of section 626 
                of the Fair Credit Reporting Act (15 U.S.C. 
                1681u).</DELETED>
                <DELETED>    (D) Section 627 of the Fair Credit 
                Reporting Act (15 U.S.C. 1681v).</DELETED>
                <DELETED>    (E) Section 802 of the National Security 
                Act of 1947 (50 U.S.C. 436).</DELETED>
        <DELETED>    (2) Transition provision.--Notwithstanding 
        paragraph (1), the provisions of law referred to in paragraph 
        (1) shall continue to apply after December 31, 2013, with 
        respect to any particular foreign intelligence investigation or 
        with respect to any particular offense or potential offense 
        that began or occurred before December 31, 2013.</DELETED>
        <DELETED>    (3) Technical and conforming amendments.--
        </DELETED>
                <DELETED>    (A) Title 18.--Title 18, United States 
                Code, is amended--</DELETED>
                        <DELETED>    (i) in the table of sections for 
                        chapter 121, by striking the item relating to 
                        section 2709;</DELETED>
                        <DELETED>    (ii) by striking section 3511; 
                        and</DELETED>
                        <DELETED>    (iii) in the table of sections for 
                        chapter 223, by striking the item relating to 
                        section 3511.</DELETED>
                <DELETED>    (B) Fair credit reporting act.--The Fair 
                Credit Reporting Act (15 U.S.C. 1681) is amended--
                </DELETED>
                        <DELETED>    (i) in section 626 (15 U.S.C. 
                        1681u)--</DELETED>
                                <DELETED>    (I) in subsection (d)(1), 
                                by striking ``the identity of financial 
                                institutions or a consumer report 
                                respecting any consumer under 
                                subsection (a), (b), or (c)'' and 
                                inserting ``a consumer report 
                                respecting any consumer under 
                                subsection (c)'';</DELETED>
                                <DELETED>    (II) in subsection (h)(1), 
                                by striking ``subsections (a), (b), and 
                                (c)'' and inserting ``subsection (c)''; 
                                and</DELETED>
                        <DELETED>    (ii) in the table of sections, by 
                        striking the item relating to section 
                        627.</DELETED>
                <DELETED>    (C) National security act of 1947.--The 
                National Security Act of 1947 (50 U.S.C. 401 et seq.) 
                is amended--</DELETED>
                        <DELETED>    (i) in section 507(b) (50 U.S.C. 
                        415b(b))--</DELETED>
                                <DELETED>    (I) by striking paragraph 
                                (5); and</DELETED>
                                <DELETED>    (II) by redesignating 
                                paragraph (6) as paragraph (5); 
                                and</DELETED>
                        <DELETED>    (ii) in the table of contents, by 
                        striking the item relating to section 
                        802.</DELETED>
                <DELETED>    (D) Effective date.--The amendments made 
                by this paragraph shall take effect on December 31, 
                2013.</DELETED>

<DELETED>SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR ACCESS TO 
              TANGIBLE THINGS.</DELETED>

<DELETED>    (a) In General.--Section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861) is amended--</DELETED>
        <DELETED>    (1) in the section heading, by striking ``certain 
        business records'' and inserting ``tangible things'';</DELETED>
        <DELETED>    (2) in subsection (b)(2), by striking 
        subparagraphs (A) and (B) and inserting the 
        following:</DELETED>
                <DELETED>    ``(A) a statement of facts showing that 
                there are reasonable grounds to believe that the 
                records or other things sought--</DELETED>
                        <DELETED>    ``(i) are relevant to an 
                        authorized investigation (other than a threat 
                        assessment) conducted in accordance with 
                        subsection (a)(2) to obtain foreign 
                        intelligence information not concerning a 
                        United States person or to protect against 
                        international terrorism or clandestine 
                        intelligence activities; and</DELETED>
                        <DELETED>    ``(ii)(I) pertain to a foreign 
                        power or an agent of a foreign power;</DELETED>
                        <DELETED>    ``(II) are relevant to the 
                        activities of a suspected agent of a foreign 
                        power who is the subject of such authorized 
                        investigation; or</DELETED>
                        <DELETED>    ``(III) pertain to an individual 
                        in contact with, or known to, a suspected agent 
                        of a foreign power; and</DELETED>
                <DELETED>    ``(B) a statement of proposed minimization 
                procedures.''; and</DELETED>
        <DELETED>    (3) in subsection (c)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by inserting ``and that the 
                        proposed minimization procedures meet the 
                        definition of minimization procedures under 
                        subsection (g)'' after ``subsections (a) and 
                        (b)''; and</DELETED>
                        <DELETED>    (ii) by striking the second 
                        sentence; and</DELETED>
                <DELETED>    (B) in paragraph (2)--</DELETED>
                        <DELETED>    (i) in subparagraph (D), by 
                        striking ``and'' at the end;</DELETED>
                        <DELETED>    (ii) in subparagraph (E), by 
                        striking the period at the end and inserting 
                        ``; and''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(F) shall direct that the minimization 
                procedures be followed.''.</DELETED>
<DELETED>    (b) Technical and Conforming Amendments.--</DELETED>
        <DELETED>    (1) Title heading.--Title V of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) 
        is amended in the title heading by striking ``CERTAIN BUSINESS 
        RECORDS'' and inserting ``TANGIBLE THINGS''.</DELETED>
        <DELETED>    (2) Table of contents.--The table of contents in 
        the first section of the Foreign Intelligence Surveillance Act 
        of 1978 (50 U.S.C. 1801 et seq.) is amended by striking the 
        items relating to title V and section 501 and inserting the 
        following:</DELETED>

<DELETED>``TITLE V--ACCESS TO TANGIBLE THINGS FOR FOREIGN INTELLIGENCE 
                                PURPOSES

<DELETED>``Sec. 501. Access to tangible things for foreign intelligence 
                            purposes and international terrorism 
                            investigations.''.

<DELETED>SEC. 4. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR PEN 
              REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
              INTELLIGENCE PURPOSES.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Application.--Section 402(c) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is 
        amended--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``and'' 
                at the end; and</DELETED>
                <DELETED>    (B) by striking paragraph (2) and 
                inserting the following:</DELETED>
        <DELETED>    ``(2) a statement of facts showing that there are 
        reasonable grounds to believe that the information likely to be 
        obtained--</DELETED>
                <DELETED>    ``(A) is relevant to an authorized 
                investigation (other than a threat assessment) 
                conducted in accordance with subsection (a)(1) to 
                obtain foreign intelligence information not concerning 
                a United States person or to protect against 
                international terrorism or clandestine intelligence 
                activities; and</DELETED>
                <DELETED>    ``(B)(i) pertains to a foreign power or an 
                agent of a foreign power;</DELETED>
                <DELETED>    ``(ii) is relevant to the activities of a 
                suspected agent of a foreign power who is the subject 
                of such authorized investigation; or</DELETED>
                <DELETED>    ``(iii) pertains to an individual in 
                contact with, or known to, a suspected agent of a 
                foreign power; and</DELETED>
        <DELETED>    ``(3) a statement of proposed minimization 
        procedures.''.</DELETED>
        <DELETED>    (2) Minimization.--</DELETED>
                <DELETED>    (A) Definition.--Section 401 of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1841) is amended by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(4) The term `minimization procedures' means--
        </DELETED>
                <DELETED>    ``(A) specific procedures that are 
                reasonably designed in light of the purpose and 
                technique of an order for the installation and use of a 
                pen register or trap and trace device, to minimize the 
                acquisition and retention, and prohibit the 
                dissemination, of nonpublicly available information 
                concerning unconsenting United States persons 
                consistent with the need of the United States to 
                obtain, produce, and disseminate foreign intelligence 
                information;</DELETED>
                <DELETED>    ``(B) procedures that require that 
                nonpublicly available information, which is not foreign 
                intelligence information, as defined in section 
                101(e)(1), shall not be disseminated in a manner that 
                identifies any United States person, without such 
                person's consent, unless such person's identity is 
                necessary to understand foreign intelligence 
                information or assess its importance; and</DELETED>
                <DELETED>    ``(C) notwithstanding subparagraphs (A) 
                and (B), procedures that allow for the retention and 
                dissemination of information that is evidence of a 
                crime which has been, is being, or is about to be 
                committed and that is to be retained or disseminated 
                for law enforcement purposes.''.</DELETED>
                <DELETED>    (B) Pen registers and trap and trace 
                devices.--Section 402 of the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1842) is amended--
                </DELETED>
                        <DELETED>    (i) in subsection (d)--</DELETED>
                                <DELETED>    (I) in paragraph (1), by 
                                inserting ``, and that the proposed 
                                minimization procedures meet the 
                                definition of minimization procedures 
                                under this title'' before the period at 
                                the end; and</DELETED>
                                <DELETED>    (II) in paragraph (2)(B)--
                                </DELETED>
                                        <DELETED>    (aa) in clause 
                                        (ii)(II), by striking ``and'' 
                                        after the semicolon; 
                                        and</DELETED>
                                        <DELETED>    (bb) by adding at 
                                        the end the 
                                        following:</DELETED>
                        <DELETED>    ``(iv) the minimization procedures 
                        be followed; and''; and</DELETED>
                        <DELETED>    (ii) by adding at the end the 
                        following:</DELETED>
<DELETED>    ``(h) At or before the end of the period of time for which 
the installation and use of a pen register or trap and trace device is 
approved under an order or an extension under this section, the judge 
may assess compliance with the minimization procedures by reviewing the 
circumstances under which information concerning United States persons 
was acquired, retained, or disseminated.''.</DELETED>
                <DELETED>    (C) Emergencies.--Section 403 of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1843) is amended--</DELETED>
                        <DELETED>    (i) by redesignating subsection 
                        (c) as (d); and</DELETED>
                        <DELETED>    (ii) by inserting after subsection 
                        (b) the following:</DELETED>
<DELETED>    ``(c) If the Attorney General authorizes the emergency 
installation and use of a pen register or trap and trace device under 
this section, the Attorney General shall require that the minimization 
procedures required by this title for the issuance of a judicial order 
be followed.''.</DELETED>
                <DELETED>    (D) Use of information.--Section 405(a) of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1845(a)) is amended by striking ``provisions 
                of'' and inserting ``minimization procedures required 
                under''.</DELETED>

<DELETED>SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY 
              LETTERS.</DELETED>

<DELETED>    (a) In General.--Section 2709 of title 18, United States 
Code, is amended by striking subsection (c) and inserting the 
following:</DELETED>
<DELETED>    ``(c) Prohibition of Certain Disclosure.--</DELETED>
        <DELETED>    ``(1) Prohibition.--</DELETED>
                <DELETED>    ``(A) In general.--If a certification is 
                issued under subparagraph (B) and notice of the right 
                to judicial review under paragraph (4) is provided, no 
                wire or electronic communication service provider, or 
                officer, employee, or agent thereof, that receives a 
                request under subsection (a), shall disclose to any 
                person the particular information specified in the 
                certification during the time period to which the 
                certification applies, which may be not longer than 1 
                year.</DELETED>
                <DELETED>    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that, absent a prohibition of disclosure under this 
                subsection, there may result--</DELETED>
                        <DELETED>    ``(i) a danger to the national 
                        security of the United States;</DELETED>
                        <DELETED>    ``(ii) interference with a 
                        criminal, counterterrorism, or 
                        counterintelligence investigation;</DELETED>
                        <DELETED>    ``(iii) interference with 
                        diplomatic relations; or</DELETED>
                        <DELETED>    ``(iv) danger to the life or 
                        physical safety of any person.</DELETED>
        <DELETED>    ``(2) Exception.--</DELETED>
                <DELETED>    ``(A) In general.--A wire or electronic 
                communication service provider, or officer, employee, 
                or agent thereof, that receives a request under 
                subsection (a) may disclose information otherwise 
                subject to any applicable nondisclosure requirement 
                to--</DELETED>
                        <DELETED>    ``(i) those persons to whom 
                        disclosure is necessary in order to comply with 
                        the request;</DELETED>
                        <DELETED>    ``(ii) an attorney in order to 
                        obtain legal advice or assistance regarding the 
                        request; or</DELETED>
                        <DELETED>    ``(iii) other persons as permitted 
                        by the Director of the Federal Bureau of 
                        Investigation or the designee of the 
                        Director.</DELETED>
                <DELETED>    ``(B) Nondisclosure requirement.--A person 
                to whom disclosure is made under subparagraph (A) shall 
                be subject to the nondisclosure requirements applicable 
                to a person to whom a request is issued under 
                subsection (a) in the same manner as the person to whom 
                the request is issued.</DELETED>
                <DELETED>    ``(C) Notice.--Any recipient that 
                discloses to a person described in subparagraph (A) 
                information otherwise subject to a nondisclosure 
                requirement shall inform the person of the applicable 
                nondisclosure requirement.</DELETED>
        <DELETED>    ``(3) Extension.--The Director of the Federal 
        Bureau of Investigation, or a designee of the Director whose 
        rank shall be no lower than Deputy Assistant Director at Bureau 
        headquarters or a Special Agent in Charge in a Bureau field 
        office, may extend a nondisclosure requirement for additional 
        periods of not longer than 1 year if, at the time of each 
        extension, a new certification is made under paragraph (1)(B) 
        and notice is provided to the recipient of the applicable 
        request that the nondisclosure requirement has been extended 
        and the recipient has the right to judicial review of the 
        nondisclosure requirement.</DELETED>
        <DELETED>    ``(4) Right to judicial review.--</DELETED>
                <DELETED>    ``(A) In general.--A wire or electronic 
                communications service provider that receives a request 
                under subsection (a) shall have the right to judicial 
                review of any applicable nondisclosure requirement and 
                any extension thereof.</DELETED>
                <DELETED>    ``(B) Timing.--</DELETED>
                        <DELETED>    ``(i) In general.--A request under 
                        subsection (a) shall state that if the 
                        recipient wishes to have a court review a 
                        nondisclosure requirement, the recipient shall 
                        notify the Government not later than 21 days 
                        after the date of receipt of the 
                        request.</DELETED>
                        <DELETED>    ``(ii) Extension.--A notice that 
                        the applicable nondisclosure requirement has 
                        been extended under paragraph (3) shall state 
                        that if the recipient wishes to have a court 
                        review the nondisclosure requirement, the 
                        recipient shall notify the Government not later 
                        than 21 days after the date of receipt of the 
                        notice.</DELETED>
                <DELETED>    ``(C) Initiation of proceedings.--If a 
                recipient of a request under subsection (a) makes a 
                notification under subparagraph (B), the Government 
                shall initiate judicial review under the procedures 
                established in section 3511 of this title.</DELETED>
        <DELETED>    ``(5) Termination.--If the facts supporting a 
        nondisclosure requirement cease to exist prior to the 
        applicable time period of the nondisclosure requirement, an 
        appropriate official of the Federal Bureau of Investigation 
        shall promptly notify the wire or electronic service provider, 
        or officer, employee, or agent thereof, subject to the 
        nondisclosure requirement that the nondisclosure requirement is 
        no longer in effect.''.</DELETED>
<DELETED>    (b) Identity of Financial Institutions and Credit 
Reports.--Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
1681u) is amended by striking subsection (d) and inserting the 
following:</DELETED>
<DELETED>    ``(d) Prohibition of Certain Disclosure.--</DELETED>
        <DELETED>    ``(1) Prohibition.--</DELETED>
                <DELETED>    ``(A) In general.--If a certification is 
                issued under subparagraph (B) and notice of the right 
                to judicial review under paragraph (4) is provided, no 
                consumer reporting agency, or officer, employee, or 
                agent thereof, that receives a request or order under 
                subsection (a), (b), or (c), shall disclose to any 
                person the particular information specified in the 
                certification during the time period to which the 
                certification applies, which may be not longer than 1 
                year.</DELETED>
                <DELETED>    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that, absent a prohibition of disclosure under this 
                subsection, there may result--</DELETED>
                        <DELETED>    ``(i) a danger to the national 
                        security of the United States;</DELETED>
                        <DELETED>    ``(ii) interference with a 
                        criminal, counterterrorism, or 
                        counterintelligence investigation;</DELETED>
                        <DELETED>    ``(iii) interference with 
                        diplomatic relations; or</DELETED>
                        <DELETED>    ``(iv) danger to the life or 
                        physical safety of any person.</DELETED>
        <DELETED>    ``(2) Exception.--</DELETED>
                <DELETED>    ``(A) In general.--A consumer reporting 
                agency, or officer, employee, or agent thereof, that 
                receives a request or order under subsection (a), (b), 
                or (c) may disclose information otherwise subject to 
                any applicable nondisclosure requirement to--</DELETED>
                        <DELETED>    ``(i) those persons to whom 
                        disclosure is necessary in order to comply with 
                        the request or order;</DELETED>
                        <DELETED>    ``(ii) an attorney in order to 
                        obtain legal advice or assistance regarding the 
                        request or order; or</DELETED>
                        <DELETED>    ``(iii) other persons as permitted 
                        by the Director of the Federal Bureau of 
                        Investigation or the designee of the 
                        Director.</DELETED>
                <DELETED>    ``(B) Nondisclosure requirement.--A person 
                to whom disclosure is made under subparagraph (A) shall 
                be subject to the nondisclosure requirements applicable 
                to a person to whom a request or order is issued under 
                subsection (a), (b), or (c) in the same manner as the 
                person to whom the request or order is 
                issued.</DELETED>
                <DELETED>    ``(C) Notice.--Any recipient that 
                discloses to a person described in subparagraph (A) 
                information otherwise subject to a nondisclosure 
                requirement shall inform the person of the applicable 
                nondisclosure requirement.</DELETED>
        <DELETED>    ``(3) Extension.--The Director of the Federal 
        Bureau of Investigation, or a designee of the Director whose 
        rank shall be no lower than Deputy Assistant Director at Bureau 
        headquarters or a Special Agent in Charge in a Bureau field 
        office, may extend a nondisclosure requirement for additional 
        periods of not longer than 1 year if, at the time of each 
        extension, a new certification is made under paragraph (1)(B) 
        and notice is provided to the recipient of the applicable 
        request or order that the nondisclosure requirement has been 
        extended and the recipient has the right to judicial review of 
        the nondisclosure requirement.</DELETED>
        <DELETED>    ``(4) Right to judicial review.--</DELETED>
                <DELETED>    ``(A) In general.--A consumer reporting 
                agency that receives a request or order under 
                subsection (a), (b), or (c) shall have the right to 
                judicial review of any applicable nondisclosure 
                requirement and any extension thereof.</DELETED>
                <DELETED>    ``(B) Timing.--</DELETED>
                        <DELETED>    ``(i) In general.--A request or 
                        order under subsection (a), (b), or (c) shall 
                        state that if the recipient wishes to have a 
                        court review a nondisclosure requirement, the 
                        recipient shall notify the Government not later 
                        than 21 days after the date of receipt of the 
                        request or order.</DELETED>
                        <DELETED>    ``(ii) Extension.--A notice that 
                        the applicable nondisclosure requirement has 
                        been extended under paragraph (3) shall state 
                        that if the recipient wishes to have a court 
                        review the nondisclosure requirement, the 
                        recipient shall notify the Government not later 
                        than 21 days after the date of receipt of the 
                        notice.</DELETED>
                <DELETED>    ``(C) Initiation of proceedings.--If a 
                recipient of a request or order under subsection (a), 
                (b), or (c) makes a notification under subparagraph 
                (B), the Government shall initiate judicial review 
                under the procedures established in section 3511 of 
                title 18, United States Code.</DELETED>
        <DELETED>    ``(5) Termination.--If the facts supporting a 
        nondisclosure requirement cease to exist prior to the 
        applicable time period of the nondisclosure requirement, an 
        appropriate official of the Federal Bureau of Investigation 
        shall promptly notify the consumer reporting agency, or 
        officer, employee, or agent thereof, subject to the 
        nondisclosure requirement that the nondisclosure requirement is 
        no longer in effect.''.</DELETED>
<DELETED>    (c) Disclosures to Governmental Agencies for 
Counterterrorism Purposes.--Section 627 of the Fair Credit Reporting 
Act (15 U.S.C. 1681v) is amended by striking subsection (c) and 
inserting the following:</DELETED>
<DELETED>    ``(c) Prohibition of Certain Disclosure.--</DELETED>
        <DELETED>    ``(1) Prohibition.--</DELETED>
                <DELETED>    ``(A) In general.--If a certification is 
                issued under subparagraph (B) and notice of the right 
                to judicial review under paragraph (4) is provided, no 
                consumer reporting agency, or officer, employee, or 
                agent thereof, that receives a request under subsection 
                (a), shall disclose to any person the particular 
                information specified in the certification during the 
                time period to which the certification applies, which 
                may be not longer than 1 year.</DELETED>
                <DELETED>    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the head of a 
                government agency authorized to conduct investigations 
                of intelligence or counterintelligence activities or 
                analysis related to international terrorism, or a 
                designee, certifies that, absent a prohibition of 
                disclosure under this subsection, there may result--
                </DELETED>
                        <DELETED>    ``(i) a danger to the national 
                        security of the United States;</DELETED>
                        <DELETED>    ``(ii) interference with a 
                        criminal, counterterrorism, or 
                        counterintelligence investigation;</DELETED>
                        <DELETED>    ``(iii) interference with 
                        diplomatic relations; or</DELETED>
                        <DELETED>    ``(iv) danger to the life or 
                        physical safety of any person.</DELETED>
        <DELETED>    ``(2) Exception.--</DELETED>
                <DELETED>    ``(A) In general.--A consumer reporting 
                agency, or officer, employee, or agent thereof, that 
                receives a request under subsection (a) may disclose 
                information otherwise subject to any applicable 
                nondisclosure requirement to--</DELETED>
                        <DELETED>    ``(i) those persons to whom 
                        disclosure is necessary in order to comply with 
                        the request;</DELETED>
                        <DELETED>    ``(ii) an attorney in order to 
                        obtain legal advice or assistance regarding the 
                        request; or</DELETED>
                        <DELETED>    ``(iii) other persons as permitted 
                        by the head of the government agency authorized 
                        to conduct investigations of intelligence or 
                        counterintelligence activities or analysis 
                        related to international terrorism, or a 
                        designee.</DELETED>
                <DELETED>    ``(B) Nondisclosure requirement.--A person 
                to whom disclosure is made under subparagraph (A) shall 
                be subject to the nondisclosure requirements applicable 
                to a person to whom a request is issued under 
                subsection (a) in the same manner as the person to whom 
                the request is issued.</DELETED>
                <DELETED>    ``(C) Notice.--Any recipient that 
                discloses to a person described in subparagraph (A) 
                information otherwise subject to a nondisclosure 
                requirement shall inform the person of the applicable 
                nondisclosure requirement.</DELETED>
        <DELETED>    ``(3) Extension.--The head of a government agency 
        authorized to conduct investigations of intelligence or 
        counterintelligence activities or analysis related to 
        international terrorism, or a designee, may extend a 
        nondisclosure requirement for additional periods of not longer 
        than 1 year if, at the time of each extension, a new 
        certification is made under paragraph (1)(B) and notice is 
        provided to the recipient of the applicable request that the 
        nondisclosure requirement has been extended and the recipient 
        has the right to judicial review of the nondisclosure 
        requirement.</DELETED>
        <DELETED>    ``(4) Right to judicial review.--</DELETED>
                <DELETED>    ``(A) In general.--A consumer reporting 
                agency that receives a request under subsection (a) 
                shall have the right to judicial review of any 
                applicable nondisclosure requirement and any extension 
                thereof.</DELETED>
                <DELETED>    ``(B) Timing.--</DELETED>
                        <DELETED>    ``(i) In general.--A request under 
                        subsection (a) shall state that if the 
                        recipient wishes to have a court review a 
                        nondisclosure requirement, the recipient shall 
                        notify the Government not later than 21 days 
                        after the date of receipt of the 
                        request.</DELETED>
                        <DELETED>    ``(ii) Extension.--A notice that 
                        the applicable nondisclosure requirement has 
                        been extended under paragraph (3) shall state 
                        that if the recipient wishes to have a court 
                        review the nondisclosure requirement, the 
                        recipient shall notify the Government not later 
                        than 21 days after the date of receipt of the 
                        notice.</DELETED>
                <DELETED>    ``(C) Initiation of proceedings.--If a 
                recipient of a request under subsection (a) makes a 
                notification under subparagraph (B), the Government 
                shall initiate judicial review under the procedures 
                established in section 3511 of title 18, United States 
                Code.</DELETED>
        <DELETED>    ``(5) Termination.--If the facts supporting a 
        nondisclosure requirement cease to exist prior to the 
        applicable time period of the nondisclosure requirement, an 
        appropriate official of the government agency authorized to 
        conduct investigations of intelligence or counterintelligence 
        activities or analysis related to international terrorism shall 
        promptly notify the consumer reporting agency, or officer, 
        employee, or agent thereof, subject to the nondisclosure 
        requirement that the nondisclosure requirement is no longer in 
        effect.''.</DELETED>
<DELETED>    (d) Financial Records.--Section 1114(a)(5) of the Right to 
Financial Privacy Act (12 U.S.C. 3414(a)(5)) is amended by striking 
subparagraph (D) and inserting the following:</DELETED>
                <DELETED>    ``(D) Prohibition of certain disclosure.--
                </DELETED>
                        <DELETED>    ``(i) Prohibition.--</DELETED>
                                <DELETED>    ``(I) In general.--If a 
                                certification is issued under subclause 
                                (II) and notice of the right to 
                                judicial review under clause (iv) is 
                                provided, no financial institution, or 
                                officer, employee, or agent thereof, 
                                that receives a request under 
                                subparagraph (A), shall disclose to any 
                                person the particular information 
                                specified in the certification during 
                                the time period to which the 
                                certification applies, which may be not 
                                longer than 1 year.</DELETED>
                                <DELETED>    ``(II) Certification.--The 
                                requirements of subclause (I) shall 
                                apply if the Director of the Federal 
                                Bureau of Investigation, or a designee 
                                of the Director whose rank shall be no 
                                lower than Deputy Assistant Director at 
                                Bureau headquarters or a Special Agent 
                                in Charge of a Bureau field office, 
                                certifies that, absent a prohibition of 
                                disclosure under this subparagraph, 
                                there may result--</DELETED>
                                        <DELETED>    ``(aa) a danger to 
                                        the national security of the 
                                        United States;</DELETED>
                                        <DELETED>    ``(bb) 
                                        interference with a criminal, 
                                        counterterrorism, or 
                                        counterintelligence 
                                        investigation;</DELETED>
                                        <DELETED>    ``(cc) 
                                        interference with diplomatic 
                                        relations; or</DELETED>
                                        <DELETED>    ``(dd) danger to 
                                        the life or physical safety of 
                                        any person.</DELETED>
                        <DELETED>    ``(ii) Exception.--</DELETED>
                                <DELETED>    ``(I) In general.--A 
                                financial institution, or officer, 
                                employee, or agent thereof, that 
                                receives a request under subparagraph 
                                (A) may disclose information otherwise 
                                subject to any applicable nondisclosure 
                                requirement to--</DELETED>
                                        <DELETED>    ``(aa) those 
                                        persons to whom disclosure is 
                                        necessary in order to comply 
                                        with the request;</DELETED>
                                        <DELETED>    ``(bb) an attorney 
                                        in order to obtain legal advice 
                                        or assistance regarding the 
                                        request; or</DELETED>
                                        <DELETED>    ``(cc) other 
                                        persons as permitted by the 
                                        Director of the Federal Bureau 
                                        of Investigation or the 
                                        designee of the 
                                        Director.</DELETED>
                                <DELETED>    ``(II) Nondisclosure 
                                requirement.--A person to whom 
                                disclosure is made under subclause (I) 
                                shall be subject to the nondisclosure 
                                requirements applicable to a person to 
                                whom a request is issued under 
                                subparagraph (A) in the same manner as 
                                the person to whom the request is 
                                issued.</DELETED>
                                <DELETED>    ``(III) Notice.--Any 
                                recipient that discloses to a person 
                                described in subclause (I) information 
                                otherwise subject to a nondisclosure 
                                requirement shall inform the person of 
                                the applicable nondisclosure 
                                requirement.</DELETED>
                        <DELETED>    ``(iii) Extension.--The Director 
                        of the Federal Bureau of Investigation, or a 
                        designee of the Director whose rank shall be no 
                        lower than Deputy Assistant Director at Bureau 
                        headquarters or a Special Agent in Charge in a 
                        Bureau field office, may extend a nondisclosure 
                        requirement for additional periods of not 
                        longer than 1 year if, at the time of each 
                        extension, a new certification is made under 
                        clause (i)(II) and notice is provided to the 
                        recipient of the applicable request that the 
                        nondisclosure requirement has been extended and 
                        the recipient has the right to judicial review 
                        of the nondisclosure requirement.</DELETED>
                        <DELETED>    ``(iv) Right to judicial review.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--A 
                                financial institution that receives a 
                                request under subparagraph (A) shall 
                                have the right to judicial review of 
                                any applicable nondisclosure 
                                requirement and any extension 
                                thereof.</DELETED>
                                <DELETED>    ``(II) Timing.--</DELETED>
                                        <DELETED>    ``(aa) In 
                                        general.--A request under 
                                        subparagraph (A) shall state 
                                        that if the recipient wishes to 
                                        have a court review a 
                                        nondisclosure requirement, the 
                                        recipient shall notify the 
                                        Government not later than 21 
                                        days after the date of receipt 
                                        of the request.</DELETED>
                                        <DELETED>    ``(bb) 
                                        Extension.--A notice that the 
                                        applicable nondisclosure 
                                        requirement has been extended 
                                        under clause (iii) shall state 
                                        that if the recipient wishes to 
                                        have a court review the 
                                        nondisclosure requirement, the 
                                        recipient shall notify the 
                                        Government not later than 21 
                                        days after the date of receipt 
                                        of the notice.</DELETED>
                                <DELETED>    ``(III) Initiation of 
                                proceedings.--If a recipient of a 
                                request under subparagraph (A) makes a 
                                notification under subclause (II), the 
                                Government shall initiate judicial 
                                review under the procedures established 
                                in section 3511 of title 18, United 
                                States Code.</DELETED>
                        <DELETED>    ``(v) Termination.--If the facts 
                        supporting a nondisclosure requirement cease to 
                        exist prior to the applicable time period of 
                        the nondisclosure requirement, an appropriate 
                        official of the Federal Bureau of Investigation 
                        shall promptly notify the financial 
                        institution, or officer, employee, or agent 
                        thereof, subject to the nondisclosure 
                        requirement that the nondisclosure requirement 
                        is no longer in effect.''.</DELETED>
<DELETED>    (e) Requests by Authorized Investigative Agencies.--
Section 802 of the National Security Act of 1947 (50 U.S.C. 436), is 
amended by striking subsection (b) and inserting the 
following:</DELETED>
<DELETED>    ``(b) Prohibition of Certain Disclosure.--</DELETED>
        <DELETED>    ``(1) Prohibition.--</DELETED>
                <DELETED>    ``(A) In general.--If a certification is 
                issued under subparagraph (B) and notice of the right 
                to judicial review under paragraph (4) is provided, no 
                governmental or private entity, or officer, employee, 
                or agent thereof, that receives a request under 
                subsection (a), shall disclose to any person the 
                particular information specified in the certification 
                during the time period to which the certification 
                applies, which may be not longer than 1 year.</DELETED>
                <DELETED>    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the head of an 
                authorized investigative agency described in subsection 
                (a), or a designee, certifies that, absent a 
                prohibition of disclosure under this subsection, there 
                may result--</DELETED>
                        <DELETED>    ``(i) a danger to the national 
                        security of the United States;</DELETED>
                        <DELETED>    ``(ii) interference with a 
                        criminal, counterterrorism, or 
                        counterintelligence investigation;</DELETED>
                        <DELETED>    ``(iii) interference with 
                        diplomatic relations; or</DELETED>
                        <DELETED>    ``(iv) danger to the life or 
                        physical safety of any person.</DELETED>
        <DELETED>    ``(2) Exception.--</DELETED>
                <DELETED>    ``(A) In general.--A governmental or 
                private entity, or officer, employee, or agent thereof, 
                that receives a request under subsection (a) may 
                disclose information otherwise subject to any 
                applicable nondisclosure requirement to--</DELETED>
                        <DELETED>    ``(i) those persons to whom 
                        disclosure is necessary in order to comply with 
                        the request;</DELETED>
                        <DELETED>    ``(ii) an attorney in order to 
                        obtain legal advice or assistance regarding the 
                        request; or</DELETED>
                        <DELETED>    ``(iii) other persons as permitted 
                        by the head of the authorized investigative 
                        agency described in subsection (a).</DELETED>
                <DELETED>    ``(B) Nondisclosure requirement.--A person 
                to whom disclosure is made under subparagraph (A) shall 
                be subject to the nondisclosure requirements applicable 
                to a person to whom a request is issued under 
                subsection (a) in the same manner as the person to whom 
                the request is issued.</DELETED>
                <DELETED>    ``(C) Notice.--Any recipient that 
                discloses to a person described in subparagraph (A) 
                information otherwise subject to a nondisclosure 
                requirement shall inform the person of the applicable 
                nondisclosure requirement.</DELETED>
        <DELETED>    ``(3) Extension.--The head of an authorized 
        investigative agency described in subsection (a), or a 
        designee, may extend a nondisclosure requirement for additional 
        periods of not longer than 1 year if, at the time of each 
        extension, a new certification is made under paragraph (1)(B) 
        and notice is provided to the recipient of the applicable 
        request that the nondisclosure requirement has been extended 
        and the recipient has the right to judicial review of the 
        nondisclosure requirement.</DELETED>
        <DELETED>    ``(4) Right to judicial review.--</DELETED>
                <DELETED>    ``(A) In general.--A governmental or 
                private entity that receives a request under subsection 
                (a) shall have the right to judicial review of any 
                applicable nondisclosure requirement and any extension 
                thereof.</DELETED>
                <DELETED>    ``(B) Timing.--</DELETED>
                        <DELETED>    ``(i) In general.--A request under 
                        subsection (a) shall state that if the 
                        recipient wishes to have a court review a 
                        nondisclosure requirement, the recipient shall 
                        notify the Government not later than 21 days 
                        after the date of receipt of the 
                        request.</DELETED>
                        <DELETED>    ``(ii) Extension.--A notice that 
                        the applicable nondisclosure requirement has 
                        been extended under paragraph (3) shall state 
                        that if the recipient wishes to have a court 
                        review the nondisclosure requirement, the 
                        recipient shall notify the Government not later 
                        than 21 days after the date of receipt of the 
                        notice.</DELETED>
                <DELETED>    ``(C) Initiation of proceedings.--If a 
                recipient of a request under subsection (a) makes a 
                notification under subparagraph (B), the Government 
                shall initiate judicial review under the procedures 
                established in section 3511 of title 18, United States 
                Code.</DELETED>
        <DELETED>    ``(5) Termination.--If the facts supporting a 
        nondisclosure requirement cease to exist prior to the 
        applicable time period of the nondisclosure requirement, an 
        appropriate official of the authorized investigative agency 
        described in subsection (a) shall promptly notify the 
        governmental or private entity, or officer, employee, or agent 
        thereof, subject to the nondisclosure requirement that the 
        nondisclosure requirement is no longer in effect.''.</DELETED>

<DELETED>SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY 
              LETTERS.</DELETED>

<DELETED>    (a) FISA.--Section 501(f)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--</DELETED>
        <DELETED>    (1) in subparagraph (A)--</DELETED>
                <DELETED>    (A) in clause (i)--</DELETED>
                        <DELETED>    (i) by striking ``a production 
                        order'' and inserting ``a production order or 
                        nondisclosure order''; and</DELETED>
                        <DELETED>    (ii) by striking ``Not less than 1 
                        year'' and all that follows;</DELETED>
                <DELETED>    (B) in clause (ii), by striking 
                ``production order or nondisclosure''; and</DELETED>
        <DELETED>    (2) in subparagraph (C)--</DELETED>
                <DELETED>    (A) by striking clause (ii); and</DELETED>
                <DELETED>    (B) by redesignating clause (iii) as 
                clause (ii).</DELETED>
<DELETED>    (b) Judicial Review of National Security Letters.--Section 
3511(b) of title 18, United States Code, is amended to read as 
follows:</DELETED>
<DELETED>    ``(b) Nondisclosure.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(A) Notice.--If a recipient of a request 
                or order for a report, records, or other information 
                under section 2709 of this title, section 626 or 627 of 
                the Fair Credit Reporting Act (15 U.S.C. 1681u and 
                1681v), section 1114 of the Right to Financial Privacy 
                Act (12 U.S.C. 3414), or section 802 of the National 
                Security Act of 1947 (50 U.S.C. 436), wishes to have a 
                court review a nondisclosure requirement imposed in 
                connection with the request, the recipient shall notify 
                the Government not later than 21 days after the date of 
                receipt of the request or of notice that an applicable 
                nondisclosure requirement has been extended.</DELETED>
                <DELETED>    ``(B) Application.--Not later than 21 days 
                after the date of receipt of a notification under 
                subparagraph (A), the Government shall apply for an 
                order prohibiting the disclosure of particular 
                information about the existence or contents of the 
                relevant request or order. An application under this 
                subparagraph may be filed in the district court of the 
                United States for any district within which the 
                authorized investigation that is the basis for the 
                request or order is being conducted. The applicable 
                nondisclosure requirement shall remain in effect during 
                the pendency of proceedings relating to the 
                requirement.</DELETED>
                <DELETED>    ``(C) Consideration.--A district court of 
                the United States that receives an application under 
                subparagraph (B) should rule expeditiously, and may 
                issue a nondisclosure order for a period of not longer 
                than 1 year, unless the facts justify a longer period 
                of nondisclosure.</DELETED>
                <DELETED>    ``(D) Denial.--If a district court of the 
                United States rejects an application for a 
                nondisclosure order or extension thereof, the 
                nondisclosure requirement shall no longer be in 
                effect.</DELETED>
        <DELETED>    ``(2) Application contents.--An application for a 
        nondisclosure order or extension thereof under this subsection 
        shall include--</DELETED>
                <DELETED>    ``(A) a statement of the facts indicating 
                that, absent a prohibition of disclosure under this 
                subsection, there may result--</DELETED>
                        <DELETED>    ``(i) a danger to the national 
                        security of the United States;</DELETED>
                        <DELETED>    ``(ii) interference with a 
                        criminal, counterterrorism, or 
                        counterintelligence investigation;</DELETED>
                        <DELETED>    ``(iii) interference with 
                        diplomatic relations; or</DELETED>
                        <DELETED>    ``(iv) danger to the life or 
                        physical safety of any person; and</DELETED>
                <DELETED>    ``(B) the time period during which the 
                Government believes the nondisclosure requirement 
                should apply.</DELETED>
        <DELETED>    ``(3) Standard.--A district court of the United 
        States may issue a nondisclosure requirement order or extension 
        thereof under this subsection if the court determines that 
        there is reason to believe that disclosure of the information 
        subject to the nondisclosure requirement during the applicable 
        time period will result in--</DELETED>
                <DELETED>    ``(A) a danger to the national security of 
                the United States;</DELETED>
                <DELETED>    ``(B) interference with a criminal, 
                counterterrorism, or counterintelligence 
                investigation;</DELETED>
                <DELETED>    ``(C) interference with diplomatic 
                relations; or</DELETED>
                <DELETED>    ``(D) danger to the life or physical 
                safety of any person.</DELETED>
        <DELETED>    ``(4) Renewal.--A nondisclosure order under this 
        subsection may be renewed for additional periods of not longer 
        than 1 year, unless the facts of the case justify a longer 
        period of nondisclosure, upon submission of an application 
        meeting the requirements of paragraph (2), and a determination 
        by the court that the circumstances described in paragraph (3) 
        continue to exist.''.</DELETED>
<DELETED>    (c) Minimization.--Section 501(g) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1), by striking ``Not later 
        than'' and all that follows and inserting ``At or before the 
        end of the period of time for the production of tangible things 
        under an order approved under this section or at any time after 
        the production of tangible things under an order approved under 
        this section, a judge may assess compliance with the 
        minimization procedures by reviewing the circumstances under 
        which information concerning United States persons was 
        acquired, retained, or disseminated.''; and</DELETED>
        <DELETED>    (2) in paragraph (2)(A), by inserting 
        ``acquisition and'' after ``to minimize the''.</DELETED>

<DELETED>SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND 
              TRANSACTIONAL RECORDS.</DELETED>

<DELETED>    (a) In General.--Section 2709(b)(1) of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``certifies in writing'' and 
        inserting ``provides a written certification by the Director 
        (or a designee)''; and</DELETED>
        <DELETED>    (2) by inserting ``that includes a statement of 
        facts showing that there are reasonable grounds to believe'' 
        before ``that the name,''.</DELETED>
<DELETED>    (b) Identity of Financial Institutions and Credit 
Reports.--Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
1681u) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking ``has 
        determined in writing, that such information is sought for'' 
        and inserting ``provides to the consumer reporting agency a 
        written determination that includes a statement of facts 
        showing that there are reasonable grounds to believe that such 
        information is relevant to''; and</DELETED>
        <DELETED>    (2) in subsection (b), by striking ``has 
        determined in writing that such information is sought for'' and 
        inserting ``provides to the consumer reporting agency a written 
        determination that includes a statement of facts showing that 
        there are reasonable grounds to believe that such information 
        is relevant to''.</DELETED>
<DELETED>    (c) Disclosures to Governmental Agencies for 
Counterterrorism Purposes.--Section 627(a) of the Fair Credit Reporting 
Act (15 U.S.C. 1681v(a)) is amended by inserting ``that includes a 
statement of facts showing that there are reasonable grounds to 
believe'' before ``that such information is necessary for''.</DELETED>
<DELETED>    (d) Financial Records.--Section 1114(a)(5)(A) of the Right 
to Financial Privacy Act (12 U.S.C. 3414(a)(5)(A)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``certifies in writing'' and 
        inserting ``provides a written certification by the Director 
        (or a designee)''; and</DELETED>
        <DELETED>    (2) by striking ``that such records are sought for 
        foreign counter intelligence purposes'' and inserting ``that 
        includes a statement of facts showing that there are reasonable 
        grounds to believe that such records are relevant to a foreign 
        counterintelligence investigation''.</DELETED>
<DELETED>    (e) Requests by Authorized Investigative Agencies.--
Section 802(a)(3) of the National Security Act of 1947 (50 U.S.C. 
436(a)(3)), is amended--</DELETED>
        <DELETED>    (1) by redesignating subparagraphs (B), (C), and 
        (D) as subparagraphs (C), (D), and (E), respectively; 
        and</DELETED>
        <DELETED>    (2) by inserting after subparagraph (A) the 
        following:</DELETED>
        <DELETED>    ``(B) shall include a statement of facts showing 
        that there are reasonable grounds to believe, based on credible 
        information, that the person is, or may be, disclosing 
        classified information in an unauthorized manner to a foreign 
        power or agent of a foreign power;''.</DELETED>

<DELETED>SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY 
              LETTERS.</DELETED>

<DELETED>    Section 118(c) of the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (18 U.S.C. 3511 note) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) in the matter preceding subparagraph 
                (A), by striking ``concerning different United States 
                persons''; and</DELETED>
                <DELETED>    (B) in subparagraph (A), by striking ``, 
                excluding the number of requests for subscriber 
                information'';</DELETED>
        <DELETED>    (2) by redesignating paragraph (2) as paragraph 
        (3); and</DELETED>
        <DELETED>    (3) by inserting after paragraph (1) the 
        following:</DELETED>
        <DELETED>    ``(2) Content.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), each report required under this 
                subsection shall include the total number of requests 
                described in paragraph (1) requiring disclosure of 
                information concerning--</DELETED>
                        <DELETED>    ``(i) United States 
                        persons;</DELETED>
                        <DELETED>    ``(ii) persons who are not United 
                        States persons;</DELETED>
                        <DELETED>    ``(iii) persons who are the 
                        subjects of authorized national security 
                        investigations; or</DELETED>
                        <DELETED>    ``(iv) persons who are not the 
                        subjects of authorized national security 
                        investigations.</DELETED>
                <DELETED>    ``(B) Exception.--With respect to the 
                number of requests for subscriber information under 
                section 2709 of title 18, United States Code, a report 
                required under this subsection need not provide 
                information separated into each of the categories 
                described in subparagraph (A).''.</DELETED>

<DELETED>SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT.</DELETED>

<DELETED>    Section 601 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1871) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (b) through (e) 
        as subsections (c) through (f), respectively;</DELETED>
        <DELETED>    (2) by inserting after subsection (a) the 
        following:</DELETED>
<DELETED>    ``(b) Public Report.--The Attorney General shall make 
publicly available the portion of each report under subsection (a) 
relating to paragraphs (1) and (2) of subsection (a).''; and</DELETED>
        <DELETED>    (3) in subsection (e), as so redesignated, by 
        striking ``subsection (c)'' and inserting ``subsection 
        (d)''.</DELETED>

<DELETED>SEC. 10. AUDITS.</DELETED>

<DELETED>    (a) Tangible Things.--Section 106A of the USA PATRIOT 
Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 
Stat. 200) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``2006'' 
                and inserting ``2012''; and</DELETED>
                <DELETED>    (B) in paragraph (5)(C), by striking 
                ``calendar year 2006'' and inserting ``each of calendar 
                years 2006 through 2012'';</DELETED>
        <DELETED>    (2) in subsection (c), by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(3) Calendar years 2007 and 2008.--Not later 
        than December 31, 2010, the Inspector General of the Department 
        of Justice shall submit to the Committee on the Judiciary and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives and the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate a report 
        containing the results of the audit conducted under this 
        section for calendar years 2007 and 2008.</DELETED>
        <DELETED>    ``(4) Calendar years 2009 through 2012.--Not later 
        than December 31, 2011, and every year thereafter through 2013, 
        the Inspector General of the Department of Justice shall submit 
        to the Committee on the Judiciary and the Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Committee on the Judiciary and the Select Committee on 
        Intelligence of the Senate a report containing the results of 
        the audit conducted under this section for the previous 
        calendar year.'';</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``or 
                (c)(2)'' and inserting ``(c)(2), (c)(3), or (c)(4)''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``and 
                (c)(2)'' and inserting ``(c)(2), (c)(3), or (c)(4)''; 
                and</DELETED>
        <DELETED>    (4) in subsection (e), by striking ``and (c)(2)'' 
        and inserting ``(c)(2), (c)(3), or (c)(4)''.</DELETED>
<DELETED>    (b) National Security Letters.--Section 119 of the USA 
PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-
177; 120 Stat. 219) is amended--</DELETED>
        <DELETED>    (1) in subsection (b)(1), by striking ``2006'' and 
        inserting ``2012'';</DELETED>
        <DELETED>    (2) in subsection (c), by adding at the end the 
        following:</DELETED>
        <DELETED>    ``(3) Calendar years 2007 and 2008.--Not later 
        than December 31, 2010, the Inspector General of the Department 
        of Justice shall submit to the Committee on the Judiciary and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives and the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate a report 
        containing the results of the audit conducted under this 
        section for calendar years 2007 and 2008.</DELETED>
        <DELETED>    ``(4) Calendar years 2009 through 2012.--Not later 
        than December 31, 2011, and every year thereafter through 2013, 
        the Inspector General of the Department of Justice shall submit 
        to the Committee on the Judiciary and the Permanent Select 
        Committee on Intelligence of the House of Representatives and 
        the Committee on the Judiciary and the Select Committee on 
        Intelligence of the Senate a report containing the results of 
        the audit conducted under this section for the previous 
        calendar year.'';</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1), by striking ``or 
                (c)(2)'' and inserting ``(c)(2), (c)(3), or (c)(4)''; 
                and</DELETED>
                <DELETED>    (B) in paragraph (2), by striking ``or 
                (c)(2)'' and inserting ``(c)(2), (c)(3), or (c)(4)''; 
                and</DELETED>
        <DELETED>    (4) in subsection (e), by striking ``or (c)(2)'' 
        and inserting ``(c)(2), (c)(3), or (c)(4)''.</DELETED>
<DELETED>    (c) Pen Registers and Trap and Trace Devices.--</DELETED>
        <DELETED>    (1) Audits.--The Inspector General of the 
        Department of Justice shall perform comprehensive audits of the 
        effectiveness and use, including any improper or illegal use, 
        of pen registers and trap and trace devices under title IV of 
        the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1841 et seq.) during the period beginning on January 1, 2007 
        and ending on December 31, 2012.</DELETED>
        <DELETED>    (2) Requirements.--The audits required under 
        paragraph (1) shall include--</DELETED>
                <DELETED>    (A) an examination of each instance in 
                which the Attorney General or any other attorney for 
                the Government submitted an application for an order or 
                extension of an order under title IV of the Foreign 
                Intelligence Surveillance Act of 1978, including 
                whether the court granted, modified, or denied the 
                application (including an examination of the basis for 
                any modification or denial);</DELETED>
                <DELETED>    (B) an examination of each instance in 
                which the Attorney General authorized the installation 
                and use of a pen register or trap and trace device on 
                an emergency basis under section 403 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 
                1843);</DELETED>
                <DELETED>    (C) whether the Federal Bureau of 
                Investigation requested that the Department of Justice 
                submit an application for an order or extension of an 
                order under title IV of the Foreign Intelligence 
                Surveillance Act of 1978 and the request was not 
                submitted to the court (including an examination of the 
                basis for not submitting the application);</DELETED>
                <DELETED>    (D) whether bureaucratic or procedural 
                impediments to the use of pen registers and trap and 
                trace devices under title IV of the Foreign 
                Intelligence Surveillance Act of 1978 prevent the 
                Federal Bureau of Investigation from taking full 
                advantage of the authorities provided under that 
                title;</DELETED>
                <DELETED>    (E) any noteworthy facts or circumstances 
                relating to the use of a pen register or trap and trace 
                device under title IV of the Foreign Intelligence 
                Surveillance Act of 1978, including any improper or 
                illegal use of the authority provided under that title; 
                and</DELETED>
                <DELETED>    (F) an examination of the effectiveness of 
                the authority under title IV of the Foreign 
                Intelligence Surveillance Act of 1978 as an 
                investigative tool, including--</DELETED>
                        <DELETED>    (i) the importance of the 
                        information acquired to the intelligence 
                        activities of the Federal Bureau of 
                        Investigation or any other department or agency 
                        of the Federal Government;</DELETED>
                        <DELETED>    (ii) the manner in which the 
                        information is collected, retained, analyzed, 
                        and disseminated by the Federal Bureau of 
                        Investigation, including any direct access to 
                        the information provided to any other 
                        department, agency, or instrumentality of 
                        Federal, State, local, or tribal governments or 
                        any private sector entity;</DELETED>
                        <DELETED>    (iii) with respect to calendar 
                        years 2010 through 2012, an examination of the 
                        minimization procedures used in relation to pen 
                        registers and trap and trace devices under 
                        title IV of the Foreign Intelligence 
                        Surveillance Act of 1978 and whether the 
                        minimization procedures protect the 
                        constitutional rights of United States 
                        persons;</DELETED>
                        <DELETED>    (iv) whether, and how often, the 
                        Federal Bureau of Investigation used 
                        information acquired under a pen register or 
                        trap and trace device under title IV of the 
                        Foreign Intelligence Surveillance Act of 1978 
                        to produce an analytical intelligence product 
                        for distribution within the Federal Bureau of 
                        Investigation, to the intelligence community 
                        (as defined in section 3(4) of the National 
                        Security Act of 1947 (50 U.S.C. 401a(4))), or 
                        to other Federal, State, local, or tribal 
                        government departments, agencies, or 
                        instrumentalities; and</DELETED>
                        <DELETED>    (v) whether, and how often, the 
                        Federal Bureau of Investigation provided 
                        information acquired under a pen register or 
                        trap and trace device under title IV of the 
                        Foreign Intelligence Surveillance Act of 1978 
                        to law enforcement authorities for use in 
                        criminal proceedings.</DELETED>
        <DELETED>    (3) Submission dates.--</DELETED>
                <DELETED>    (A) Prior years.--Not later than December 
                31, 2010, the Inspector General of the Department of 
                Justice shall submit to the Committee on the Judiciary 
                and the Select Committee on Intelligence of the Senate 
                and the Committee on the Judiciary and the Permanent 
                Select Committee on Intelligence of the House of 
                Representatives a report containing the results of the 
                audit conducted under this section for calendar years 
                2007 thorough 2009.</DELETED>
                <DELETED>    (B) Calendar years 2010 through 2012.--Not 
                later than December 31, 2011, and every year thereafter 
                through 2013, the Inspector General of the Department 
                of Justice shall submit to the Committee on the 
                Judiciary and the Select Committee on Intelligence of 
                the Senate and the Committee on the Judiciary and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives a report containing the results of 
                the audit conducted under this section for the previous 
                calendar year.</DELETED>
        <DELETED>    (4) Prior notice to attorney general and director 
        of national intelligence; comments.--</DELETED>
                <DELETED>    (A) Notice.--Not less than 30 days before 
                the submission of a report under subparagraph (A) or 
                (B) of paragraph (3), the Inspector General of the 
                Department of Justice shall provide the report to the 
                Attorney General and the Director of National 
                Intelligence.</DELETED>
                <DELETED>    (B) Comments.--The Attorney General or the 
                Director of National Intelligence may provide such 
                comments to be included in a report submitted under 
                subparagraph (A) or (B) of paragraph (3) as the 
                Attorney General or the Director of National 
                Intelligence may consider necessary.</DELETED>
        <DELETED>    (5) Unclassified form.--A report submitted under 
        subparagraph (A) or (B) of paragraph (3) and any comments 
        included under paragraph (4)(B) shall be in unclassified form, 
        but may include a classified annex.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``USA PATRIOT Act Sunset Extension Act 
of 2009''.

SEC. 2. SUNSETS.

    (a) Sections 206 and 215 Sunset.--
            (1) In general.--Section 102(b)(1) of the USA PATRIOT 
        Improvement and Reauthorization Act of 2005 (Public Law 109-
        177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 
        1862 note) is amended by striking ``2009'' and inserting 
        ``2013''.
            (2) Conforming amendments.--
                    (A) In general.--The Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), as 
                amended by section 3 of this Act, is amended--
                            (i) in the table of contents in the first 
                        section, by striking the items relating to 
                        title V and sections 501, 502, and 503 and 
                        inserting the following:

``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                                PURPOSES

``Sec. 501. Definitions.
``Sec. 502. Access to certain business records for foreign intelligence 
                            and international terrorism 
                            investigations.'';
                            (ii) in title V (50 U.S.C. 1861 et seq.)--
                                    (I) in the title heading, by 
                                striking ``AND OTHER TANGIBLE THINGS''; 
                                and
                                    (II) by striking section 503; and
                            (iii) in section 601(a)(1)(D) (50 U.S.C. 
                        1871(a)(1)(D)), by striking ``section 501;'' 
                        and inserting ``section 502 or under section 
                        501 pursuant to section 102(b)(2) of the USA 
                        PATRIOT Improvement and Reauthorization Act of 
                        2005 (Public Law 109-177; 50 U.S.C. 1861 
                        note);''.
                    (B) Application under section 404 of the fisa 
                amendments act of 2008.--Section 404(b)(4)(A) of the 
                FISA Amendments Act of 2008 (Public Law 110-261; 122 
                Stat. 2477) is amended by striking the period at the 
                end and inserting ``, except that paragraph (1)(D) of 
                such section 601(a) shall be applied as if it read as 
                follows:
                    ```(D) access to records under section 502 or under 
                section 501 pursuant to section 102(b)(2) of the USA 
                PATRIOT Improvement and Reauthorization Act of 2005 
                (Public Law 109-177; 50 U.S.C. 1861 note);'.''.
                    (C) Effective date.--The amendments made by this 
                paragraph shall take effect on December 31, 2013.
    (b) Extension of Sunset Relating to Individual Terrorists as Agents 
of Foreign Powers.--
            (1) In general.--Section 6001(b) of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 
        U.S.C. 1801 note) is amended to read as follows:
    ``(b) Sunset.--
            ``(1) Repeal.--Subparagraph (C) of section 101(b)(1) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(b)(1)), as added by subsection (a), is repealed effective 
        December 31, 2013.
            ``(2) Transition provision.--Notwithstanding paragraph (1), 
        subparagraph (C) of section 101(b)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) 
        shall continue to apply on and after December 31, 2013, with 
        respect to any particular foreign intelligence investigation or 
        with respect to any particular offense or potential offense 
        that began or occurred before December 31, 2013.''.
            (2) Conforming amendment.--
                    (A) In general.--Section 601(a)(2) of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 
                1871(a)(2)) is amended by striking the semicolon at the 
                end and inserting ``pursuant to subsection (b)(2) of 
                section 6001 of the Intelligence Reform and Terrorism 
                Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 
                1801 note);''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect on December 31, 
                2013.
    (c) National Security Letters.--
            (1) Repeal.--Effective on December 31, 2013--
                    (A) section 2709 of title 18, United States Code, 
                is amended to read as such provision read on October 
                25, 2001;
                    (B) section 1114(a)(5) of the Right to Financial 
                Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is amended 
                to read as such provision read on October 25, 2001;
                    (C) subsections (a) and (b) of section 626 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u) are amended 
                to read as subsections (a) and (b), respectively, of 
                section 624 of such Act read on October 25, 2001;
                    (D) section 627 of the Fair Credit Reporting Act 
                (15 U.S.C. 1681v) is repealed; and
                    (E) section 802 of the National Security Act of 
                1947 (50 U.S.C. 436) is amended to read as such 
                provision read on October 25, 2001.
            (2) Transition provision.--Notwithstanding paragraph (1), 
        the provisions of law referred to in paragraph (1), as in 
        effect on December 30, 2013, shall continue to apply on and 
        after December 31, 2013, with respect to any particular foreign 
        intelligence investigation or with respect to any particular 
        offense or potential offense that began or occurred before 
        December 31, 2013.
            (3) Technical and conforming amendments.--Effective 
        December 31, 2013--
                    (A) section 3511 of title 18, United States Code, 
                is amended--
                            (i) in subsections (a), (c), and (d), by 
                        striking ``or 627(a)'' each place it appears; 
                        and
                            (ii) in subsection (b)(1)(A), as amended by 
                        section 6(b) of this Act, by striking ``section 
                        626 or 627 of the Fair Credit Reporting Act (15 
                        U.S.C. 1681u and 1681v)'' and inserting 
                        ``section 626 of the Fair Credit Reporting Act 
                        (15 U.S.C. 1681u)'';
                    (B) section 118(c) of the USA PATRIOT Improvement 
                and Reauthorization Act of 2005 (18 U.S.C. 3511 note) 
                is amended--
                            (i) in subparagraph (C), by adding ``and'' 
                        at the end;
                            (ii) in subparagraph (D), by striking ``; 
                        and'' and inserting a period; and
                            (iii) by striking subparagraph (E); and
                    (C) the table of sections for the Fair Credit 
                Reporting Act (15 U.S.C. 1681 et seq.) is amended by 
                striking the item relating to section 627.

SEC. 3. ORDERS FOR ACCESS TO CERTAIN BUSINESS RECORDS AND TANGIBLE 
              THINGS.

    (a) In General.--Section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861) is amended--
            (1) in the section heading, by inserting ``and other 
        tangible things'' after ``certain business records'';
            (2) in subsection (b)(2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``a statement of facts 
                        showing'' and inserting ``a statement of the 
                        facts and circumstances relied upon by the 
                        applicant to justify the belief of the 
                        applicant''; and
                            (ii) by striking ``clandestine intelligence 
                        activities,'' and all that follows and 
                        inserting ``clandestine intelligence 
                        activities;''; and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) if the records sought are the circulation 
                records or patron lists of a library (as defined in 
                section 213(1) of the Library Services and Technology 
                Act (20 U.S.C. 9122(1))), a statement of facts showing 
                that there are reasonable grounds to believe that the 
                records sought--
                            ``(i) are relevant to an authorized 
                        investigation (other than a threat assessment) 
                        conducted in accordance with subsection (a)(2) 
                        to obtain foreign intelligence information not 
                        concerning a United States person or to protect 
                        against international terrorism or clandestine 
                        intelligence activities; and
                            ``(ii)(I) pertain to a foreign power or an 
                        agent of a foreign power;
                            ``(II) are relevant to the activities of a 
                        suspected agent of a foreign power who is the 
                        subject of such authorized investigation; or
                            ``(III) pertain to an individual in contact 
                        with, or known to, a suspected agent of a 
                        foreign power; and
                    ``(C) a statement of proposed minimization 
                procedures.''; and
            (3) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``and that the proposed 
                        minimization procedures meet the definition of 
                        minimization procedures under subsection (g)'' 
                        after ``subsections (a) and (b)''; and
                            (ii) by striking the second sentence; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (D), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (E), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                    ``(F) shall direct that the minimization procedures 
                be followed.''.
    (b) Technical and Conforming Amendments.--
            (1) Definitions.--Title V of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by 
        adding at the end the following:

``SEC. 503. DEFINITIONS.

    ``In this title, the terms `Attorney General', `foreign 
intelligence information', `international terrorism', `person', `United 
States', and `United States person' have the meanings given such terms 
in section 101.''.
            (2) Title heading.--Title V of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended in 
        the title heading by inserting ``AND OTHER TANGIBLE THINGS'' 
        after ``CERTAIN BUSINESS RECORDS''.
            (3) Table of contents.--The table of contents in the first 
        section of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1801 et seq.) is amended--
                    (A) by striking the items relating to title V and 
                section 501 and inserting the following:

``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS AND OTHER TANGIBLE THINGS 
                   FOR FOREIGN INTELLIGENCE PURPOSES

``Sec. 501. Access to certain business records and other tangible 
                            things for foreign intelligence purposes 
                            and international terrorism 
                            investigations.''; and
                    (B) by inserting after the item relating to section 
                502 the following:

``Sec. 503. Definitions.''.

SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN 
              INTELLIGENCE PURPOSES.

    (a) Application.--Section 402(c) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(c)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2)--
                    (A) by striking ``a certification by the 
                applicant'' and inserting ``a statement of the facts 
                and circumstances relied upon by the applicant to 
                justify the belief of the applicant''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
            (3) by adding at the end the following:
            ``(3) a statement of whether minimization procedures are 
        being proposed and, if so, a statement of the proposed 
        minimization procedures.''.
    (b) Minimization.--
            (1) Definition.--Section 401 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding 
        at the end the following:
            ``(4) The term `minimization procedures' means--
                    ``(A) specific procedures, that are reasonably 
                designed in light of the purpose and technique of an 
                order for the installation and use of a pen register or 
                trap and trace device, to minimize the retention, and 
                prohibit the dissemination, of nonpublicly available 
                information known to concern unconsenting United States 
                persons consistent with the need of the United States 
                to obtain, produce, and disseminate foreign 
                intelligence information;
                    ``(B) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information shall not be disseminated in a 
                manner that identifies any United States person, 
                without such person's consent, unless such person's 
                identity is necessary to understand foreign 
                intelligence information or assess its importance; and
                    ``(C) notwithstanding subparagraphs (A) and (B), 
                procedures that allow for the retention and 
                dissemination of information that is evidence of a 
                crime which has been, is being, or is about to be 
                committed and that is to be retained or disseminated 
                for law enforcement purposes.''.
            (2) Pen registers and trap and trace devices.--Section 402 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1842) is amended--
                    (A) in subsection (d)--
                            (i) in paragraph (1), by inserting ``, and 
                        if, in exceptional circumstances, minimization 
                        procedures are ordered, that the proposed 
                        minimization procedures meet the definition of 
                        minimization procedures under this title'' 
                        before the period at the end; and
                            (ii) in paragraph (2)(B)--
                                    (I) in clause (ii)(II), by striking 
                                ``and'' after the semicolon; and
                                    (II) by adding at the end the 
                                following:
                            ``(iv) if applicable, the minimization 
                        procedures be followed; and''; and
                    (B) by adding at the end the following:
    ``(h) At or before the end of the period of time for which the 
installation and use of a pen register or trap and trace device is 
approved under an order or an extension under this section, the judge 
may assess compliance with any applicable minimization procedures by 
reviewing the circumstances under which information concerning United 
States persons was retained or disseminated.''.
            (3) Emergencies.--Section 403 of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the 
                following:
    ``(c) If the Attorney General authorizes the emergency installation 
and use of a pen register or trap and trace device under this section, 
the Attorney General shall require that minimization procedures be 
followed, if appropriate.''.
            (4) Use of information.--Section 405(a)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) is 
        amended by striking ``provisions of this section'' and 
        inserting ``minimization procedures required under this 
        title''.

SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.

    (a) In General.--Section 2709 of title 18, United States Code, is 
amended by striking subsection (c) and inserting the following:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under paragraph (3) is provided, no 
                wire or electronic communication service provider, or 
                officer, employee, or agent thereof, that receives a 
                request under subsection (a), shall disclose to any 
                person that the Director of the Federal Bureau of 
                Investigation has sought or obtained access to 
                information or records under this section.
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that, absent a prohibition of disclosure under this 
                subsection, there may result--
                            ``(i) a danger to the national security of 
                        the United States;
                            ``(ii) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(iii) interference with diplomatic 
                        relations; or
                            ``(iv) danger to the life or physical 
                        safety of any person.
            ``(2) Exception.--
                    ``(A) In general.--A wire or electronic 
                communication service provider, or officer, employee, 
                or agent thereof, that receives a request under 
                subsection (a) may disclose information otherwise 
                subject to any applicable nondisclosure requirement 
                to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Persons necessary for compliance.--Upon a 
                request by the Director of the Federal Bureau of 
                Investigation or the designee of the Director, those 
                persons to whom disclosure will be made under 
                subparagraph (A)(i) or to whom such disclosure was made 
                before the request shall be identified to the Director 
                or the designee.
                    ``(C) Nondisclosure requirement.--A person to whom 
                disclosure is made under subparagraph (A) shall be 
                subject to the nondisclosure requirements applicable to 
                a person to whom a request is issued under subsection 
                (a) in the same manner as the person to whom the 
                request is issued.
                    ``(D) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
            ``(3) Right to judicial review.--
                    ``(A) In general.--A wire or electronic 
                communications service provider that receives a request 
                under subsection (a) shall have the right to judicial 
                review of any applicable nondisclosure requirement.
                    ``(B) Notification.--A request under subsection (a) 
                shall state that if the recipient wishes to have a 
                court review a nondisclosure requirement, the recipient 
                shall notify the Government.
                    ``(C) Initiation of proceedings.--If a recipient of 
                a request under subsection (a) makes a notification 
                under subparagraph (B), the Government shall initiate 
                judicial review under the procedures established in 
                section 3511 of this title, unless an appropriate 
                official of the Federal Bureau of the Investigation 
                makes a notification under paragraph (4).
            ``(4) Termination.--In the case of any request for which a 
        recipient has submitted a notification under paragraph (3)(B), 
        if the facts supporting a nondisclosure requirement cease to 
        exist, an appropriate official of the Federal Bureau of 
        Investigation shall promptly notify the wire or electronic 
        service provider, or officer, employee, or agent thereof, 
        subject to the nondisclosure requirement that the nondisclosure 
        requirement is no longer in effect.''.
    (b) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by 
striking subsection (d) and inserting the following:
    ``(d) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under paragraph (3) is provided, no 
                consumer reporting agency, or officer, employee, or 
                agent thereof, that receives a request or order under 
                subsection (a), (b), or (c), shall disclose or specify 
                in any consumer report, that the Federal Bureau of 
                Investigation has sought or obtained access to 
                information or records under subsection (a), (b), or 
                (c).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that, absent a prohibition of disclosure under this 
                subsection, there may result--
                            ``(i) a danger to the national security of 
                        the United States;
                            ``(ii) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(iii) interference with diplomatic 
                        relations; or
                            ``(iv) danger to the life or physical 
                        safety of any person.
            ``(2) Exception.--
                    ``(A) In general.--A consumer reporting agency, or 
                officer, employee, or agent thereof, that receives a 
                request or order under subsection (a), (b), or (c) may 
                disclose information otherwise subject to any 
                applicable nondisclosure requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request 
                        or order;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request or 
                        order; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Persons necessary for compliance.--Upon a 
                request by the Director of the Federal Bureau of 
                Investigation or the designee of the Director, those 
                persons to whom disclosure will be made under 
                subparagraph (A)(i) or to whom such disclosure was made 
                before the request shall be identified to the Director 
                or the designee.
                    ``(C) Nondisclosure requirement.--A person to whom 
                disclosure is made under subparagraph (A) shall be 
                subject to the nondisclosure requirements applicable to 
                a person to whom a request or order is issued under 
                subsection (a), (b), or (c) in the same manner as the 
                person to whom the request or order is issued.
                    ``(D) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
            ``(3) Right to judicial review.--
                    ``(A) In general.--A consumer reporting agency that 
                receives a request or order under subsection (a), (b), 
                or (c) shall have the right to judicial review of any 
                applicable nondisclosure requirement.
                    ``(B) Notification.--A request or order under 
                subsection (a), (b), or (c) shall state that if the 
                recipient wishes to have a court review a nondisclosure 
                requirement, the recipient shall notify the Government.
                    ``(C) Initiation of proceedings.--If a recipient of 
                a request or order under subsection (a), (b), or (c) 
                makes a notification under subparagraph (B), the 
                Government shall initiate judicial review under the 
                procedures established in section 3511 of title 18, 
                United States Code, unless an appropriate official of 
                the Federal Bureau of Investigation makes a 
                notification under paragraph (4).
            ``(4) Termination.--In the case of any request or order for 
        which a consumer reporting agency has submitted a notification 
        under paragraph (3)(B), if the facts supporting a nondisclosure 
        requirement cease to exist, an appropriate official of the 
        Federal Bureau of Investigation shall promptly notify the 
        consumer reporting agency, or officer, employee, or agent 
        thereof, subject to the nondisclosure requirement that the 
        nondisclosure requirement is no longer in effect.''.
    (c) Disclosures to Governmental Agencies for Counterterrorism 
Purposes.--Section 627 of the Fair Credit Reporting Act (15 U.S.C. 
1681v) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under paragraph (3) is provided, no 
                consumer reporting agency, or officer, employee, or 
                agent thereof, that receives a request under subsection 
                (a), shall disclose to any person or specify in any 
                consumer report, that a government agency has sought or 
                obtained access to information under subsection (a).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the head of a 
                government agency authorized to conduct investigations 
                of, or intelligence or counterintelligence activities 
                or analysis related to, international terrorism, or a 
                designee, certifies that, absent a prohibition of 
                disclosure under this subsection, there may result--
                            ``(i) a danger to the national security of 
                        the United States;
                            ``(ii) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(iii) interference with diplomatic 
                        relations; or
                            ``(iv) danger to the life or physical 
                        safety of any person.
            ``(2) Exception.--
                    ``(A) In general.--A consumer reporting agency, or 
                officer, employee, or agent thereof, that receives a 
                request under subsection (a) may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        head of the government agency authorized to 
                        conduct investigations of, or intelligence or 
                        counterintelligence activities or analysis 
                        related to, international terrorism, or a 
                        designee.
                    ``(B) Persons necessary for compliance.--Upon a 
                request by the head of a government agency authorized 
                to conduct investigations of, or intelligence or 
                counterintelligence activities or analysis related to, 
                international terrorism, or a designee, those persons 
                to whom disclosure will be made under subparagraph 
                (A)(i) or to whom such disclosure was made before the 
                request shall be identified to the head of the 
                government agency or the designee.
                    ``(C) Nondisclosure requirement.--A person to whom 
                disclosure is made under subparagraph (A) shall be 
                subject to the nondisclosure requirements applicable to 
                a person to whom a request is issued under subsection 
                (a) in the same manner as the person to whom the 
                request is issued.
                    ``(D) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
            ``(3) Right to judicial review.--
                    ``(A) In general.--A consumer reporting agency that 
                receives a request under subsection (a) shall have the 
                right to judicial review of any applicable 
                nondisclosure requirement.
                    ``(B) Notification.--A request under subsection (a) 
                shall state that if the recipient wishes to have a 
                court review a nondisclosure requirement, the recipient 
                shall notify the government.
                    ``(C) Initiation of proceedings.--If a recipient of 
                a request under subsection (a) makes a notification 
                under subparagraph (B), the government shall initiate 
                judicial review under the procedures established in 
                section 3511 of title 18, United States Code, unless an 
                appropriate official of the government agency 
                authorized to conduct investigations of, or 
                intelligence or counterintelligence activities or 
                analysis related to, international terrorism makes a 
                notification under paragraph (4).
            ``(4) Termination.--In the case of any request for which a 
        consumer reporting agency has submitted a notification under 
        paragraph (3)(B), if the facts supporting a nondisclosure 
        requirement cease to exist, an appropriate official of the 
        government agency authorized to conduct investigations of, or 
        intelligence or counterintelligence activities or analysis 
        related to, international terrorism shall promptly notify the 
        consumer reporting agency, or officer, employee, or agent 
        thereof, subject to the nondisclosure requirement that the 
        nondisclosure requirement is no longer in effect.''.
    (d) Financial Records.--Section 1114(a)(5) of the Right to 
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is amended by 
striking subparagraph (D) and inserting the following:
    ``(D) Prohibition of Certain Disclosure.--
            ``(i) Prohibition.--
                    ``(I) In general.--If a certification is issued 
                under subclause (II) and notice of the right to 
                judicial review under clause (iii) is provided, no 
                financial institution, or officer, employee, or agent 
                thereof, that receives a request under subparagraph 
                (A), shall disclose to any person that the Federal 
                Bureau of Investigation has sought or obtained access 
                to information or records under subparagraph (A).
                    ``(II) Certification.--The requirements of 
                subclause (I) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in Charge of a Bureau field office, certifies 
                that, absent a prohibition of disclosure under this 
                subparagraph, there may result--
                            ``(aa) a danger to the national security of 
                        the United States;
                            ``(bb) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(cc) interference with diplomatic 
                        relations; or
                            ``(dd) danger to the life or physical 
                        safety of any person.
            ``(ii) Exception.--
                    ``(I) In general.--A financial institution, or 
                officer, employee, or agent thereof, that receives a 
                request under subparagraph (A) may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                            ``(aa) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(bb) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(cc) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(II) Persons necessary for compliance.--Upon a 
                request by the Director of the Federal Bureau of 
                Investigation or the designee of the Director, those 
                persons to whom disclosure will be made under subclause 
                (I)(aa) or to whom such disclosure was made before the 
                request shall be identified to the Director or the 
                designee.
                    ``(III) Nondisclosure requirement.--A person to 
                whom disclosure is made under subclause (I) shall be 
                subject to the nondisclosure requirements applicable to 
                a person to whom a request is issued under subparagraph 
                (A) in the same manner as the person to whom the 
                request is issued.
                    ``(IV) Notice.--Any recipient that discloses to a 
                person described in subclause (I) information otherwise 
                subject to a nondisclosure requirement shall inform the 
                person of the applicable nondisclosure requirement.
            ``(iii) Right to judicial review.--
                    ``(I) In general.--A financial institution that 
                receives a request under subparagraph (A) shall have 
                the right to judicial review of any applicable 
                nondisclosure requirement.
                    ``(II) Notification.--A request under subparagraph 
                (A) shall state that if the recipient wishes to have a 
                court review a nondisclosure requirement, the recipient 
                shall notify the Government.
                    ``(III) Initiation of proceedings.--If a recipient 
                of a request under subparagraph (A) makes a 
                notification under subclause (II), the Government shall 
                initiate judicial review under the procedures 
                established in section 3511 of title 18, United States 
                Code, unless an appropriate official of the Federal 
                Bureau of Investigation makes a notification under 
                clause (iv).
            ``(iv) Termination.--In the case of any request for which a 
        financial institution has submitted a notification under clause 
        (iii)(II), if the facts supporting a nondisclosure requirement 
        cease to exist, an appropriate official of the Federal Bureau 
        of Investigation shall promptly notify the financial 
        institution, or officer, employee, or agent thereof, subject to 
        the nondisclosure requirement that the nondisclosure 
        requirement is no longer in effect.''.
    (e) Requests by Authorized Investigative Agencies.--Section 802 of 
the National Security Act of 1947 (50 U.S.C. 436), is amended by 
striking subsection (b) and inserting the following:
    ``(b) Prohibition of Certain Disclosure.--
            ``(1) Prohibition.--
                    ``(A) In general.--If a certification is issued 
                under subparagraph (B) and notice of the right to 
                judicial review under paragraph (3) is provided, no 
                governmental or private entity, or officer, employee, 
                or agent thereof, that receives a request under 
                subsection (a), shall disclose to any person that an 
                authorized investigative agency described in subsection 
                (a) has sought or obtained access to information under 
                subsection (a).
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the head of an 
                authorized investigative agency described in subsection 
                (a), or a designee, certifies that, absent a 
                prohibition of disclosure under this subsection, there 
                may result--
                            ``(i) a danger to the national security of 
                        the United States;
                            ``(ii) interference with a criminal, 
                        counterterrorism, or counterintelligence 
                        investigation;
                            ``(iii) interference with diplomatic 
                        relations; or
                            ``(iv) danger to the life or physical 
                        safety of any person.
            ``(2) Exception.--
                    ``(A) In general.--A governmental or private 
                entity, or officer, employee, or agent thereof, that 
                receives a request under subsection (a) may disclose 
                information otherwise subject to any applicable 
                nondisclosure requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with the request;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding the request; or
                            ``(iii) other persons as permitted by the 
                        head of the authorized investigative agency 
                        described in subsection (a).
                    ``(B) Persons necessary for compliance.--Upon a 
                request by the head of an authorized investigative 
                agency described in subsection (a), or a designee, 
                those persons to whom disclosure will be made under 
                subparagraph (A)(i) or to whom such disclosure was made 
                before the request shall be identified to the head of 
                the authorized investigative agency or the designee.
                    ``(C) Nondisclosure requirement.--A person to whom 
                disclosure is made under subparagraph (A) shall be 
                subject to the nondisclosure requirements applicable to 
                a person to whom a request is issued under subsection 
                (a) in the same manner as the person to whom the 
                request is issued.
                    ``(D) Notice.--Any recipient that discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform the person of the applicable nondisclosure 
                requirement.
            ``(3) Right to judicial review.--
                    ``(A) In general.--A governmental or private entity 
                that receives a request under subsection (a) shall have 
                the right to judicial review of any applicable 
                nondisclosure requirement.
                    ``(B) Notification.--A request under subsection (a) 
                shall state that if the recipient wishes to have a 
                court review a nondisclosure requirement, the recipient 
                shall notify the Government.
                    ``(C) Initiation of proceedings.--If a recipient of 
                a request under subsection (a) makes a notification 
                under subparagraph (B), the Government shall initiate 
                judicial review under the procedures established in 
                section 3511 of title 18, United States Code, unless an 
                appropriate official of the authorized investigative 
                agency described in subsection (a) makes a notification 
                under paragraph (4).
            ``(4) Termination.--In the case of any request for which a 
        governmental or private entity has submitted a notification 
        under paragraph (3)(B), if the facts supporting a nondisclosure 
        requirement cease to exist, an appropriate official of the 
        authorized investigative agency described in subsection (a) 
        shall promptly notify the governmental or private entity, or 
        officer, employee, or agent thereof, subject to the 
        nondisclosure requirement that the nondisclosure requirement is 
        no longer in effect.''.

SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY LETTERS.

    (a) FISA.--Section 501(f)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i)--
                            (i) by striking ``a production order'' and 
                        inserting ``a production order or nondisclosure 
                        order''; and
                            (ii) by striking ``Not less than 1 year'' 
                        and all that follows; and
                    (B) in clause (ii), by striking ``production order 
                or nondisclosure''; and
            (2) in subparagraph (C)--
                    (A) by striking clause (ii); and
                    (B) by redesignating clause (iii) as clause (ii).
    (b) Judicial Review of National Security Letters.--Section 3511(b) 
of title 18, United States Code, is amended to read as follows:
    ``(b) Nondisclosure.--
            ``(1) In general.--
                    ``(A) Notice.--If a recipient of a request or order 
                for a report, records, or other information under 
                section 2709 of this title, section 626 or 627 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), 
                section 1114 of the Right to Financial Privacy Act of 
                1978 (12 U.S.C. 3414), or section 802 of the National 
                Security Act of 1947 (50 U.S.C. 436), wishes to have a 
                court review a nondisclosure requirement imposed in 
                connection with the request or order, the recipient 
                shall notify the Government.
                    ``(B) Application.--Not later than 30 days after 
                the date of receipt of a notification under 
                subparagraph (A), the Government shall apply for an 
                order prohibiting the disclosure of the existence or 
                contents of the relevant request or order. An 
                application under this subparagraph may be filed in the 
                district court of the United States for any district 
                within which the authorized investigation that is the 
                basis for the request or order is being conducted. The 
                applicable nondisclosure requirement shall remain in 
                effect during the pendency of proceedings relating to 
                the requirement.
                    ``(C) Consideration.--A district court of the 
                United States that receives an application under 
                subparagraph (B) should rule expeditiously, and shall, 
                subject to paragraph (3), issue a nondisclosure order 
                that includes conditions appropriate to the 
                circumstances.
            ``(2) Application contents.--An application for a 
        nondisclosure order or extension thereof under this subsection 
        shall include a certification from the Attorney General, Deputy 
        Attorney General, an Assistant Attorney General, or the 
        Director of the Federal Bureau of Investigation, or in the case 
        of a request by a department, agency, or instrumentality of the 
        Federal Government other than the Department of Justice, the 
        head or deputy head of the department, agency, or 
        instrumentality, containing a statement of specific and 
        articulable facts indicating that, absent a prohibition of 
        disclosure under this subsection, there may result--
                    ``(A) a danger to the national security of the 
                United States;
                    ``(B) interference with a criminal, 
                counterterrorism, or counterintelligence investigation;
                    ``(C) interference with diplomatic relations; or
                    ``(D) danger to the life or physical safety of any 
                person.
            ``(3) Standard.--A district court of the United States 
        shall issue a nondisclosure requirement order or extension 
        thereof under this subsection if the court determines, giving 
        substantial weight to the certification under paragraph (2) 
        that there is reason to believe that disclosure of the 
        information subject to the nondisclosure requirement during the 
        applicable time period will result in--
                    ``(A) a danger to the national security of the 
                United States;
                    ``(B) interference with a criminal, 
                counterterrorism, or counterintelligence investigation;
                    ``(C) interference with diplomatic relations; or
                    ``(D) danger to the life or physical safety of any 
                person.''.
    (c) Minimization.--Section 501(g)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861(g)(1)) is amended by striking 
``Not later than'' and all that follows and inserting ``At or before 
the end of the period of time for the production of tangible things 
under an order approved under this section or at any time after the 
production of tangible things under an order approved under this 
section, a judge may assess compliance with the minimization procedures 
by reviewing the circumstances under which information concerning 
United States persons was retained or disseminated.''.

SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL 
              RECORDS.

    (a) In General.--Section 2709 of title 18, United States Code, as 
amended by this Act, is amended--
            (1) by redesignating subsections (c), (d), (e), and (f) as 
        subsections (d), (e), (f), and (g), respectively; and
            (2) by inserting after subsection (b) the following:
    ``(c) Written Statement.--The Director of the Federal Bureau of 
Investigation, or a designee in a position not lower than Deputy 
Assistant Director at Bureau headquarters or a Special Agent in Charge 
in a Bureau field office designated by the Director, may make a 
certification under subsection (b) only upon a written statement, which 
shall be retained by the Federal Bureau of Investigation, of specific 
facts showing that there are reasonable grounds to believe that the 
information sought is relevant to the authorized investigation 
described in subsection (b).''.
    (b) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), as amended by 
this Act, is amended--
            (1) by redesignating subsections (d) through (m) as 
        subsections (e) through (n), respectively; and
            (2) by inserting after subsection (c) the following:
    ``(d) Written Statement.--The Director of the Federal Bureau of 
Investigation, or a designee in a position not lower than Deputy 
Assistant Director at Bureau headquarters or a Special Agent in Charge 
in a Bureau field office designated by the Director, may make a 
certification under subsection (a) or (b) only upon a written 
statement, which shall be retained by the Federal Bureau of 
Investigation, of specific facts showing that there are reasonable 
grounds to believe that the information sought is relevant to the 
authorized investigation described in subsection (a) or (b), as the 
case may be.''.
    (c) Disclosures to Governmental Agencies for Counterterrorism 
Purposes.--Section 627(b) of the Fair Credit Reporting Act (15 U.S.C. 
1681v(b)) is amended--
            (1) in the subsection heading, by striking ``Form of 
        Certification'' and inserting ``Certification'';
            (2) by striking ``The certification'' and inserting the 
        following:
            ``(1) Form of certification.--The certification''; and
            (3) by adding at the end the following:
            ``(2) Written statement.--A supervisory official or officer 
        described in paragraph (1) may make a certification under 
        subsection (a) only upon a written statement, which shall be 
        retained by the government agency, of specific facts showing 
        that there are reasonable grounds to believe that the 
        information sought is relevant to the authorized investigation 
        described in subsection (a).''.
    (d) Financial Records.--Section 1114(a)(5) of the Right to 
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)), as amended by 
this Act, is amended--
            (1) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (D), and (E), respectively; and
            (2) by inserting after subparagraph (A) the following:
    ``(B) The Director of the Federal Bureau of Investigation, or a 
designee in a position not lower than Deputy Assistant Director at 
Bureau headquarters or a Special Agent in Charge in a Bureau field 
office designated by the Director, may make a certification under 
subparagraph (A) only upon a written statement, which shall be retained 
by the Federal Bureau of Investigation, of specific facts showing that 
there are reasonable grounds to believe that the information sought is 
relevant to the authorized investigation described in subparagraph 
(A).''.
    (e) Requests by Authorized Investigative Agencies.--Section 802(a) 
of the National Security Act of 1947 (50 U.S.C. 436(a)) is amended by 
adding at the end the following:
    ``(4) A department or agency head, deputy department or agency 
head, or senior official described in paragraph (3)(A) may make a 
certification under paragraph (3)(A) only upon a written statement, 
which shall be retained by the authorized investigative agency, of 
specific facts showing that there are reasonable grounds to believe 
that the information sought is relevant to the authorized inquiry or 
investigation described in paragraph (3)(A)(ii).''.
    (f) Technical and Conforming Amendments.--
            (1) Obstruction of criminal investigations.--Section 
        1510(e) of title 18, United States Code, is amended by striking 
        ``section 2709(c)(1) of this title, section 626(d)(1) or 
        627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 
        1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 
        1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 
        U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)),'' and inserting 
        ``section 2709(d)(1) of this title, section 626(e)(1) or 
        627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 
        1681u(e)(1) and 1681v(c)(1)), section 1114(a)(3)(A) or 
        1114(a)(5)(E)(i) of the Right to Financial Privacy Act of 1978 
        (12 U.S.C. 3414(a)(3)(A) and 3414(a)(5)(E)(i)),''.
            (2) Semiannual reports.--Section 507(b) of the National 
        Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
                    (A) in paragraph (4), by striking ``section 
                624(h)(2) of the Fair Credit Reporting Act (15 U.S.C. 
                1681u(h)(2))'' and inserting ``section 626(i)(2) of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u(i)(2))''; 
                and
                    (B) in paragraph (5), by striking ``section 
                1114(a)(5)(C) of the Right to Financial Privacy Act of 
                1978 (12 U.S.C. 3414(a)(5)(C))'' and inserting 
                ``section 1114(a)(5)(D) of the Right to Financial 
                Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(D))''.

SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

    Section 118(c) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (18 U.S.C. 3511 note) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``concerning different United States 
                persons''; and
                    (B) in subparagraph (A), by striking ``, excluding 
                the number of requests for subscriber information'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Content.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each report required under this 
                subsection shall include the total number of requests 
                described in paragraph (1) requiring disclosure of 
                information concerning--
                            ``(i) United States persons;
                            ``(ii) persons who are not United States 
                        persons;
                            ``(iii) persons who are the subjects of 
                        authorized national security investigations; or
                            ``(iv) persons who are not the subjects of 
                        authorized national security investigations.
                    ``(B) Exception.--With respect to the number of 
                requests for subscriber information under section 2709 
                of title 18, United States Code, a report required 
                under this subsection need not provide information 
                separated into each of the categories described in 
                subparagraph (A).''.

SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.

    Section 601 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1871) is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively;
            (2) by inserting after subsection (a) the following:
    ``(b) Public Report.--The Attorney General shall make publicly 
available the portion of each report under subsection (a) relating to 
paragraphs (1) and (2) of subsection (a).''; and
            (3) in subsection (e), as so redesignated, by striking 
        ``subsection (c)'' and inserting ``subsection (d)''.

SEC. 10. AUDITS.

    (a) Tangible Things.--Section 106A of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 200) is 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``2006'' and 
                inserting ``2011''; and
                    (B) in paragraph (5)(C), by striking ``calendar 
                year 2006'' and inserting ``each of calendar years 2006 
                through 2011'';
            (2) in subsection (c), by adding at the end the following:
            ``(3) Calendar years 2007, 2008, and 2009.--Not later than 
        June 30, 2011, the Inspector General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives and the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate a report 
        containing the results of the audit conducted under this 
        section for calendar years 2007, 2008, and 2009.
            ``(4) Calendar years 2010 and 2011.--Not later than 
        December 31, 2012, the Inspector General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives and the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate a report 
        containing the results of the audit conducted under this 
        section for calendar years 2010 and 2011.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``or (c)(2)'' and 
                inserting ``(c)(2), (c)(3), or (c)(4)''; and
                    (B) in paragraph (2), by striking ``and (c)(2)'' 
                and inserting ``(c)(2), (c)(3), or (c)(4)''; and
            (4) in subsection (e), by striking ``and (c)(2)'' and 
        inserting ``(c)(2), (c)(3), or (c)(4)''.
    (b) National Security Letters.--Section 119 of the USA PATRIOT 
Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 
Stat. 219) is amended--
            (1) in subsection (b)(1), by striking ``2006'' and 
        inserting ``2011'';
            (2) in subsection (c), by adding at the end the following:
            ``(3) Calendar years 2007, 2008, and 2009.--Not later than 
        June 30, 2011, the Inspector General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives and the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate a report 
        containing the results of the audit conducted under this 
        section for calendar years 2007, 2008, and 2009.
            ``(4) Calendar years 2010 and 2011.--Not later than 
        December 31, 2012, the Inspector General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        Permanent Select Committee on Intelligence of the House of 
        Representatives and the Committee on the Judiciary and the 
        Select Committee on Intelligence of the Senate a report 
        containing the results of the audit conducted under this 
        section for calendar years 2010 and 2011.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``or (c)(2)'' and 
                inserting ``(c)(2), (c)(3), or (c)(4)''; and
                    (B) in paragraph (2), by striking ``or (c)(2)'' and 
                inserting ``(c)(2), (c)(3), or (c)(4)''; and
            (4) in subsection (e), by striking ``or (c)(2)'' and 
        inserting ``(c)(2), (c)(3), or (c)(4)''.
    (c) Pen Registers and Trap and Trace Devices.--
            (1) Audits.--The Inspector General of the Department of 
        Justice shall perform comprehensive audits of the effectiveness 
        and use, including any improper or illegal use, of pen 
        registers and trap and trace devices under title IV of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841 
        et seq.) during the period beginning on January 1, 2007 and 
        ending on December 31, 2011.
            (2) Requirements.--The audits required under paragraph (1) 
        shall include--
                    (A) an examination of the use of pen registers and 
                trap and trace devices under title IV of the Foreign 
                Intelligence Surveillance Act of 1978 for calendar 
                years 2007 through 2011;
                    (B) an examination of the installation and use of a 
                pen register or trap and trace device on emergency 
                bases under section 403 of the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1843);
                    (C) any noteworthy facts or circumstances relating 
                to the use of a pen register or trap and trace device 
                under title IV of the Foreign Intelligence Surveillance 
                Act of 1978, including any improper or illegal use of 
                the authority provided under that title; and
                    (D) an examination of the effectiveness of the 
                authority under title IV of the Foreign Intelligence 
                Surveillance Act of 1978 as an investigative tool, 
                including--
                            (i) the importance of the information 
                        acquired to the intelligence activities of the 
                        Federal Bureau of Investigation or any other 
                        department or agency of the Federal Government;
                            (ii) the manner in which the information is 
                        collected, retained, analyzed, and disseminated 
                        by the Federal Bureau of Investigation, 
                        including any direct access to the information 
                        provided to any other department, agency, or 
                        instrumentality of Federal, State, local, or 
                        tribal governments or any private sector 
                        entity;
                            (iii) with respect to calendar years 2010 
                        and 2011, an examination of the minimization 
                        procedures used in relation to pen registers 
                        and trap and trace devices under title IV of 
                        the Foreign Intelligence Surveillance Act of 
                        1978 and whether the minimization procedures 
                        protect the constitutional rights of United 
                        States persons (as defined in section 101 of 
                        the Foreign Intelligence Surveillance Act of 
                        1978 (50 U.S.C. 1801));
                            (iv) whether, and how often, the Federal 
                        Bureau of Investigation used information 
                        acquired under a pen register or trap and trace 
                        device under title IV of the Foreign 
                        Intelligence Surveillance Act of 1978 to 
                        produce an analytical intelligence product for 
                        distribution within the Federal Bureau of 
                        Investigation, to the intelligence community 
                        (as defined in section 3(4) of the National 
                        Security Act of 1947 (50 U.S.C. 401a(4))), or 
                        to other Federal, State, local, or tribal 
                        government departments, agencies, or 
                        instrumentalities; and
                            (v) whether, and how often, the Federal 
                        Bureau of Investigation provided information 
                        acquired under a pen register or trap and trace 
                        device under title IV of the Foreign 
                        Intelligence Surveillance Act of 1978 to law 
                        enforcement authorities for use in criminal 
                        proceedings.
            (3) Submission dates.--
                    (A) Prior years.--Not later than June 30, 2011, the 
                Inspector General of the Department of Justice shall 
                submit to the Committee on the Judiciary and the Select 
                Committee on Intelligence of the Senate and the 
                Committee on the Judiciary and the Permanent Select 
                Committee on Intelligence of the House of 
                Representatives a report containing the results of the 
                audit conducted under this section for calendar years 
                2007 through 2009.
                    (B) Calendar years 2010 and 2011.--Not later than 
                December 21, 2012, the Inspector General of the 
                Department of Justice shall submit to the Committee on 
                the Judiciary and the Select Committee on Intelligence 
                of the Senate and the Committee on the Judiciary and 
                the Permanent Select Committee on Intelligence of the 
                House of Representatives a report containing the 
                results of the audit conducted under this section for 
                calendar years 2010 and 2011.
            (4) Prior notice to attorney general and director of 
        national intelligence; comments.--
                    (A) Notice.--Not less than 30 days before the 
                submission of a report under subparagraph (A) or (B) of 
                paragraph (3), the Inspector General of the Department 
                of Justice shall provide the report to the Attorney 
                General and the Director of National Intelligence.
                    (B) Comments.--The Attorney General or the Director 
                of National Intelligence may provide such comments to 
                be included in a report submitted under subparagraph 
                (A) or (B) of paragraph (3) as the Attorney General or 
                the Director of National Intelligence may consider 
                necessary.
            (5) Unclassified form.--A report submitted under 
        subparagraph (A) or (B) of paragraph (3) and any comments 
        included under paragraph (4)(B) shall be in unclassified form, 
        but may include a classified annex.

SEC. 11. DELAYED NOTICE SEARCH WARRANTS.

    Section 3103a(b)(3) of title 18, United States Code, is amended by 
striking ``30 days'' and inserting ``7 days''.

SEC. 12. MINIMIZATION.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall--
            (1) establish minimization procedures governing the 
        acquisition, retention, and dissemination by the Federal Bureau 
        of Investigation of any records received by the Federal Bureau 
        of Investigation in response to a national security letter; and
            (2) submit to the Committee on the Judiciary and the Select 
        Committee on Intelligence of the Senate and the Committee on 
        the Judiciary and the Permanent Select Committee on 
        Intelligence of the House of Representatives a copy of the 
        minimization procedures established under paragraph (1).
    (b) Definitions.--In this section--
            (1) the term ``minimization procedures'' means--
                    (A) specific procedures that are reasonably 
                designed in light of the purpose and technique of a 
                national security letter, to minimize the acquisition 
                and retention, and prohibit the dissemination, of 
                nonpublicly available information concerning 
                unconsenting United States persons (as defined in 
                section 101 of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1801)) consistent with the need 
                of the United States to obtain, produce, and 
                disseminate foreign intelligence information;
                    (B) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information (as defined in section 
                101(e)(1) of the Foreign Intelligence Surveillance Act 
                of 1978 (50 U.S.C. 1801(e)(1))) shall not be 
                disseminated in a manner that identifies any United 
                States person, without the consent of the United States 
                person, unless the identity of the United States person 
                is necessary to understand foreign intelligence 
                information or assess its importance; and
                    (C) notwithstanding subparagraphs (A) and (B), 
                procedures that allow for the retention and 
                dissemination of information that is evidence of a 
                crime which has been, is being, or is about to be 
                committed and that is to be retained or disseminated 
                for law enforcement purposes; and
            (2) the term ``national security letter'' means a national 
        security letter issued under section 2709 of title 18, United 
        States Code, section 1114(a)(5) of the Right to Financial 
        Privacy Act of 1978 (12 U.S.C. 3414(5)), subsection (a) or (b) 
        of section 626 of the Fair Credit Reporting Act (15 U.S.C. 
        1681u), or section 627 of the Fair Credit Reporting Act (15 
        U.S.C. 1681v).
                                                       Calendar No. 177

111th CONGRESS

  1st Session

                                S. 1692

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 13, 2009

                       Reported with an amendment
```