I 

112TH CONGRESS 

1ST SESSION H. R. 1805 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 10, 2011 

Mr. CONYERS introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Financial 

Services and Select Intelligence (Permanent Select), for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To extend the sunset of certain provisions of the USA 

PATRIOT Act, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Sunset Extension Act of 2011’’. 

6 SEC. 2. SUNSETS. 

7 (a) SECTIONS 206 AND 215 SUNSET.— 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•HR 1805 IH

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

2 USA PATRIOT Improvement and Reauthorization 

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

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

5 note) is amended by striking ‘‘May 27, 2011’’ and 

6 inserting ‘‘December 31, 2013’’. 

7 (2) CONFORMING AMENDMENTS.— 

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

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

11 Act, is amended— 

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

13 section, by striking the items relating to 

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

15 inserting the following: 

‘‘TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS FOR 

FOREIGN INTELLIGENCE PURPOSES 

‘‘Sec. 501. Definitions. 

‘‘Sec. 502. Access to certain business records for foreign intelligence and international terrorism investigations.’’; 

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

17 seq.)— 

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

20 THINGS’’; and 

21 (II) by striking section 503; and 

mstockstill on DSKH9S0YB1PROD with BILLS

3 

•HR 1805 IH

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

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

4 under section 501 pursuant to section 

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

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

8 note);’’. 

9 (B) APPLICATION UNDER SECTION 404 OF

10 THE FISA AMENDMENTS ACT OF 2008.—Section 

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

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

13 amended by striking the period at the end and 

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

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

16 as follows: 

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

18 or under section 501 pursuant to section 

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

20 and Reauthorization Act of 2005 (Public Law 

21 109–177; 50 U.S.C. 1861 note);’.’’. 

22 (C) EFFECTIVE DATE.—The amendments 

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

mstockstill on DSKH9S0YB1PROD with BILLS

4 

•HR 1805 IH

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

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

4 of the Intelligence Reform and Terrorism Prevention 

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

6 note) is amended to read as follows: 

7 ‘‘(b) SUNSET.— 

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

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

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

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

12 2013. 

13 ‘‘(2) TRANSITION PROVISION.—Notwithstanding 

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

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

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

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

22 (2) CONFORMING AMENDMENT.— 

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

24 the Foreign Intelligence Surveillance Act of 

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

mstockstill on DSKH9S0YB1PROD with BILLS

5 

•HR 1805 IH

1 striking the semicolon at the end and inserting 

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

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

5 U.S.C. 1801 note);’’. 

6 (B) EFFECTIVE DATE.—The amendment 

7 made by subparagraph (A) shall take effect on 

8 December 31, 2013. 

9 (c) NATIONAL SECURITY LETTERS.— 

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

11 2013— 

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

13 Code, is amended to read as such provision 

14 read on October 25, 2001; 

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

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

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

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

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

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

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

25 Federal Bureau of Investigation for countermstockstill on DSKH9S0YB1PROD with BILLS

6 

•HR 1805 IH

1 intelligence purposes), as added by section 601 

2 of the Intelligence Authorization Act for Fiscal 

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

4 974), read on October 25, 2001; 

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

7 (E) section 802 of the National Security 

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

9 read as such provision read on October 25, 

10 2001. 

11 (2) TRANSITION PROVISION.—Notwithstanding 

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

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

14 shall continue to apply on and after December 31, 

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

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

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

22 Code, is amended— 

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

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

25 and 

mstockstill on DSKH9S0YB1PROD with BILLS

7 

•HR 1805 IH

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

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

5 and inserting ‘‘section 626 of the Fair 

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

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

8 Improvement and Reauthorization Act of 2005 

9 (18 U.S.C. 3511 note) is amended— 

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

11 ‘‘and’’ at the end; 

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

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

14 (iii) by striking subparagraph (E); 

15 and 

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

18 amended by striking the item relating to section 

19 627. 

20 (d) FISA AMENDMENTS ACT OF 2008.— 

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

22 FISA Amendments Act of 2008 (Public Law 110– 

23 261; 50 U.S.C. 1881 note) is amended by striking 

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

25 2013’’. 

mstockstill on DSKH9S0YB1PROD with BILLS

8 

•HR 1805 IH

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

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

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

5 2013’’. 

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

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

8 note) is amended in the heading by striking ‘‘DE9 CEMBER 31, 2012’’ and inserting ‘‘DECEMBER 31, 

10 2013’’. 

11 SEC. 3. ORDERS FOR ACCESS TO CERTAIN BUSINESS 

12 RECORDS AND TANGIBLE THINGS. 

13 (a) IN GENERAL.—Section 501 of the Foreign Intel14 ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

15 amended— 

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

17 OTHER TANGIBLE THINGS’’ after ‘‘CERTAIN

18 BUSINESS RECORDS’’; 

19 (2) in subsection (b)(2)— 

20 (A) in subparagraph (A)— 

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

22 showing’’ and inserting ‘‘a statement of 

23 the facts and circumstances relied upon by 

24 the applicant to justify the belief of the ap25 plicant’’; and 

mstockstill on DSKH9S0YB1PROD with BILLS

9 

•HR 1805 IH

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

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

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

7 ‘‘(B) if the records sought contain book8 seller records, or are from a library and contain 

9 personally identifiable information about a pa10 tron of the library, a statement of facts showing 

11 that there are reasonable grounds to believe 

12 that the records sought— 

13 ‘‘(i) are relevant to an authorized in14 vestigation (other than a threat assess15 ment) conducted in accordance with sub16 section (a)(2) to obtain foreign intelligence 

17 information not concerning a United 

18 States person or to protect against inter19 national terrorism or clandestine intel20 ligence activities; and 

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

22 an agent of a foreign power; 

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

24 a suspected agent of a foreign power who 

mstockstill on DSKH9S0YB1PROD with BILLS

10 

•HR 1805 IH

1 is the subject of such authorized investiga2 tion; or 

3 ‘‘(III) pertain to an individual in con4 tact with, or known to, a suspected agent 

5 of a foreign power; and 

6 ‘‘(C) a statement of proposed minimization 

7 procedures.’’; 

8 (3) in subsection (c)(1)— 

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

10 minimization procedures meet the definition of 

11 minimization procedures under subsection (g)’’ 

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

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

14 minimization procedures be followed’’ after ‘‘re15 lease of tangible things’’; and 

16 (C) by striking the second sentence; and 

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

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

19 ‘‘(1) the term ‘bookseller records’ means trans20 actional records reflecting the purchase (including 

21 subscription purchase) or rental of books, journals, 

22 or magazines, whether in digital form or in print, of 

23 an individual or entity engaged in the sale or rental 

24 of books, journals, or magazines; 

mstockstill on DSKH9S0YB1PROD with BILLS

11 

•HR 1805 IH

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

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

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

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

5 renter, borrower, user, or subscriber of goods or 

6 services from a library; and 

7 ‘‘(4) the term ‘personally identifiable informa8 tion’ includes information that identifies a person as 

9 having used, requested, or obtained specific reading 

10 materials or services from a library.’’. 

11 (b) TRANSITION PROCEDURES.—Notwithstanding 

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

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

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

15 the effective date of the amendments made by this section 

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

17 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 (1) DEFINITIONS.—Title V of the Foreign In19 telligence Surveillance Act of 1978 (50 U.S.C. 1861 

20 et seq.) is amended by adding at the end the fol21 lowing: 

22 ‘‘SEC. 503. DEFINITIONS. 

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

24 intelligence information’, ‘international terrorism’, ‘permstockstill on DSKH9S0YB1PROD with BILLS

12 

•HR 1805 IH

1 son’, ‘United States’, and ‘United States person’ have the 

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

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

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

5 1861 et seq.) is amended in the title heading by in6 serting ‘‘AND OTHER TANGIBLE THINGS’’ 

7 after ‘‘CERTAIN BUSINESS RECORDS’’. 

8 (3) TABLE OF CONTENTS.—The table of con9 tents in the first section of the Foreign Intelligence 

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

11 is amended— 

12 (A) by striking the items relating to title 

13 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.’’; 

14 and 

15 (B) by inserting after the item relating to 

16 section 502 the following: 

‘‘Sec. 503. Definitions.’’. 

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

18 TRACE DEVICES FOR FOREIGN INTEL19 LIGENCE PURPOSES. 

20 (a) APPLICATION.—Section 402(c) of the Foreign In21 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 

22 is amended— 

mstockstill on DSKH9S0YB1PROD with BILLS

13 

•HR 1805 IH

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

2 end; 

3 (2) in paragraph (2)— 

4 (A) by striking ‘‘a certification by the ap5 plicant’’ and inserting ‘‘a statement of the facts 

6 and circumstances relied upon by the applicant 

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

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

9 inserting ‘‘; and’’; and 

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

11 ‘‘(3) a statement of whether minimization pro12 cedures are being proposed and, if so, a statement 

13 of the proposed minimization procedures.’’. 

14 (b) MINIMIZATION.— 

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

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

17 1841) is amended by adding at the end the fol18 lowing: 

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

20 means— 

21 ‘‘(A) specific procedures, that are reason22 ably designed in light of the purpose and tech23 nique of an order for the installation and use 

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

25 minimize the retention, and prohibit the dismstockstill on DSKH9S0YB1PROD with BILLS

14 

•HR 1805 IH

1 semination, of nonpublicly available information 

2 known to concern unconsenting United States 

3 persons consistent with the need of the United 

4 States to obtain, produce, and disseminate for5 eign intelligence information; 

6 ‘‘(B) procedures that require that nonpub7 licly available information, which is not foreign 

8 intelligence information shall not be dissemi9 nated in a manner that identifies any United 

10 States person, without such person’s consent, 

11 unless such person’s identity is necessary to un12 derstand foreign intelligence information or as13 sess its importance; and 

14 ‘‘(C) notwithstanding subparagraphs (A) 

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

16 and dissemination of information that is evi17 dence of a crime which has been, is being, or 

18 is about to be committed and that is to be re19 tained or disseminated for law enforcement pur20 poses.’’. 

21 (2) PEN REGISTERS AND TRAP AND TRACE DE22 VICES.—Section 402 of the Foreign Intelligence Sur23 veillance Act of 1978 (50 U.S.C. 1842) is amend24 ed— 

mstockstill on DSKH9S0YB1PROD with BILLS

15 

•HR 1805 IH

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

2 judge finds’’ and all that follows and inserting 

3 the following: ‘‘the judge finds— 

4 ‘‘(A) that the application satisfies the require5 ments of this section; and 

6 ‘‘(B) that, if there are exceptional cir7 cumstances justifying the use of minimization proce8 dures in a particular case, the proposed minimiza9 tion procedures meet the definition of minimization 

10 procedures under this title.’’; and 

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

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

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

14 and trace device is approved under an order or an exten15 sion under this section, the judge may assess compliance 

16 with any applicable minimization procedures by reviewing 

17 the circumstances under which information concerning 

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

19 (3) EMERGENCIES.—Section 403 of the For20 eign Intelligence Surveillance Act of 1978 (50 

21 U.S.C. 1843) is amended— 

22 (A) by redesignating subsection (c) as sub23 section (d); and 

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

25 following: 

mstockstill on DSKH9S0YB1PROD with BILLS

16 

•HR 1805 IH

1 ‘‘(c) If the Attorney General authorizes the emer2 gency installation and use of a pen register or trap and 

3 trace device under this section, the Attorney General shall 

4 require that minimization procedures be followed, if appro5 priate.’’. 

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

7 of the Foreign Intelligence Surveillance Act of 1978 

8 (50 U.S.C. 1845(a)(1)) is amended by striking ‘‘pro9 visions of this section’’ and inserting ‘‘minimization 

10 procedures required under this title’’. 

11 (c) TRANSITION PROCEDURES.— 

12 (1) ORDERS IN EFFECT.—Notwithstanding the 

13 amendments made by this Act, an order entered 

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

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

16 that is in effect on the effective date of the amend17 ments made by this section shall remain in effect 

18 until the expiration of the order. 

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

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

21 subject to the requirements of the Foreign Intel22 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

23 seq.), as amended by this Act. 

mstockstill on DSKH9S0YB1PROD with BILLS

17 

•HR 1805 IH

1 SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECU2 RITY LETTERS. 

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

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

5 inserting the following: 

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

7 ‘‘(1) PROHIBITION.— 

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

9 issued under subparagraph (B) and notice of 

10 the right to judicial review under paragraph (3) 

11 is provided, no wire or electronic communica12 tion service provider, or officer, employee, or 

13 agent thereof, that receives a request under 

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

15 the Director of the Federal Bureau of Inves16 tigation has sought or obtained access to infor17 mation or records under this section. 

18 ‘‘(B) CERTIFICATION.—The requirements 

19 of subparagraph (A) shall apply if the Director 

20 of the Federal Bureau of Investigation, or a 

21 designee of the Director whose rank shall be no 

22 lower than Deputy Assistant Director at Bu23 reau headquarters or a Special Agent in Charge 

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

25 prohibition of disclosure under this subsection, 

26 there may result— 

mstockstill on DSKH9S0YB1PROD with BILLS

18 

•HR 1805 IH

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

2 of the United States; 

3 ‘‘(ii) interference with a criminal, 

4 counterterrorism, or counterintelligence in5 vestigation; 

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

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

9 safety of any person. 

10 ‘‘(2) EXCEPTION.— 

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

12 communication service provider, or officer, em13 ployee, or agent thereof, that receives a request 

14 under subsection (a) may disclose information 

15 otherwise subject to any applicable nondisclo16 sure requirement to— 

17 ‘‘(i) those persons to whom disclosure 

18 is necessary in order to comply with the re19 quest; 

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

21 legal advice or assistance regarding the re22 quest; or 

23 ‘‘(iii) other persons as permitted by 

24 the Director of the Federal Bureau of In25 vestigation or the designee of the Director. 

mstockstill on DSKH9S0YB1PROD with BILLS

19 

•HR 1805 IH

1 ‘‘(B) PERSONS NECESSARY FOR COMPLI2 ANCE.—Upon a request by the Director of the 

3 Federal Bureau of Investigation or the designee 

4 of the Director, those persons to whom disclo5 sure will be made under subparagraph (A)(i) or 

6 to whom such disclosure was made before the 

7 request shall be identified to the Director or the 

8 designee. 

9 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

10 person to whom disclosure is made under sub11 paragraph (A) shall be subject to the nondisclo12 sure requirements applicable to a person to 

13 whom a request is issued under subsection (a) 

14 in the same manner as the person to whom the 

15 request is issued. 

16 ‘‘(D) NOTICE.—Any recipient that dis17 closes to a person described in subparagraph 

18 (A) information otherwise subject to a non19 disclosure requirement shall inform the person 

20 of the applicable nondisclosure requirement. 

21 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

23 communications service provider that receives a 

24 request under subsection (a) shall have the 

mstockstill on DSKH9S0YB1PROD with BILLS

20 

•HR 1805 IH

1 right to judicial review of any applicable non2 disclosure requirement. 

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

4 subsection (a) shall state that if the recipient 

5 wishes to have a court review a nondisclosure 

6 requirement, the recipient shall notify the Gov7 ernment. 

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

9 recipient of a request under subsection (a) 

10 makes a notification under subparagraph (B), 

11 the Government shall initiate judicial review 

12 under the procedures established in section 

13 3511 of this title, unless an appropriate official 

14 of the Federal Bureau of the Investigation 

15 makes a notification under paragraph (4). 

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

17 for which a recipient has submitted a notification 

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

19 nondisclosure requirement cease to exist, an appro20 priate official of the Federal Bureau of Investigation 

21 shall promptly notify the wire or electronic service 

22 provider, or officer, employee, or agent thereof, sub23 ject to the nondisclosure requirement that the non24 disclosure requirement is no longer in effect.’’. 

mstockstill on DSKH9S0YB1PROD with BILLS

21 

•HR 1805 IH

1 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

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

4 subsection (d) and inserting the following: 

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

6 ‘‘(1) PROHIBITION.— 

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

8 issued under subparagraph (B) and notice of 

9 the right to judicial review under paragraph (3) 

10 is provided, no consumer reporting agency, or 

11 officer, employee, or agent thereof, that receives 

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

13 (c), shall disclose or specify in any consumer re14 port, that the Federal Bureau of Investigation 

15 has sought or obtained access to information or 

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

17 ‘‘(B) CERTIFICATION.—The requirements 

18 of subparagraph (A) shall apply if the Director 

19 of the Federal Bureau of Investigation, or a 

20 designee of the Director whose rank shall be no 

21 lower than Deputy Assistant Director at Bu22 reau headquarters or a Special Agent in Charge 

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

24 prohibition of disclosure under this subsection, 

25 there may result— 

mstockstill on DSKH9S0YB1PROD with BILLS

22 

•HR 1805 IH

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

2 of the United States; 

3 ‘‘(ii) interference with a criminal, 

4 counterterrorism, or counterintelligence in5 vestigation; 

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

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

9 safety of any person. 

10 ‘‘(2) EXCEPTION.— 

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

12 agency, or officer, employee, or agent thereof, 

13 that receives a request or order under sub14 section (a), (b), or (c) may disclose information 

15 otherwise subject to any applicable nondisclo16 sure requirement to— 

17 ‘‘(i) those persons to whom disclosure 

18 is necessary in order to comply with the re19 quest or order; 

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

21 legal advice or assistance regarding the re22 quest or order; or 

23 ‘‘(iii) other persons as permitted by 

24 the Director of the Federal Bureau of In25 vestigation or the designee of the Director. 

mstockstill on DSKH9S0YB1PROD with BILLS

23 

•HR 1805 IH

1 ‘‘(B) PERSONS NECESSARY FOR COMPLI2 ANCE.—Upon a request by the Director of the 

3 Federal Bureau of Investigation or the designee 

4 of the Director, those persons to whom disclo5 sure will be made under subparagraph (A)(i) or 

6 to whom such disclosure was made before the 

7 request shall be identified to the Director or the 

8 designee. 

9 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

10 person to whom disclosure is made under sub11 paragraph (A) shall be subject to the nondisclo12 sure requirements applicable to a person to 

13 whom a request or order is issued under sub14 section (a), (b), or (c) in the same manner as 

15 the person to whom the request or order is 

16 issued. 

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

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

21 of the applicable nondisclosure requirement. 

22 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

24 agency that receives a request or order under 

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

mstockstill on DSKH9S0YB1PROD with BILLS

24 

•HR 1805 IH

1 to judicial review of any applicable nondisclo2 sure requirement. 

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

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

5 if the recipient wishes to have a court review a 

6 nondisclosure requirement, the recipient shall 

7 notify the Government. 

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

9 recipient of a request or order under subsection 

10 (a), (b), or (c) makes a notification under sub11 paragraph (B), the Government shall initiate 

12 judicial review under the procedures established 

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

14 unless an appropriate official of the Federal 

15 Bureau of Investigation makes a notification 

16 under paragraph (4). 

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

18 or order for which a consumer reporting agency has 

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

20 the facts supporting a nondisclosure requirement 

21 cease to exist, an appropriate official of the Federal 

22 Bureau of Investigation shall promptly notify the 

23 consumer reporting agency, or officer, employee, or 

24 agent thereof, subject to the nondisclosure requiremstockstill on DSKH9S0YB1PROD with BILLS

25 

•HR 1805 IH

1 ment that the nondisclosure requirement is no longer 

2 in effect.’’. 

3 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

4 FOR COUNTERTERRORISM PURPOSES.—Section 627 of the 

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

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

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

8 ‘‘(1) PROHIBITION.— 

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

10 issued under subparagraph (B) and notice of 

11 the right to judicial review under paragraph (3) 

12 is provided, no consumer reporting agency, or 

13 officer, employee, or agent thereof, that receives 

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

15 any person or specify in any consumer report, 

16 that a government agency has sought or ob17 tained access to information under subsection 

18 (a). 

19 ‘‘(B) CERTIFICATION.—The requirements 

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

21 a government agency authorized to conduct in22 vestigations of, or intelligence or counterintel23 ligence activities or analysis related to, inter24 national terrorism, or a designee, certifies that, 

mstockstill on DSKH9S0YB1PROD with BILLS

26 

•HR 1805 IH

1 absent a prohibition of disclosure under this 

2 subsection, there may result— 

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

4 of the United States; 

5 ‘‘(ii) interference with a criminal, 

6 counterterrorism, or counterintelligence in7 vestigation; 

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

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

11 safety of any person. 

12 ‘‘(2) EXCEPTION.— 

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

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

15 that receives a request under subsection (a) 

16 may disclose information otherwise subject to 

17 any applicable nondisclosure requirement to— 

18 ‘‘(i) those persons to whom disclosure 

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

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

22 legal advice or assistance regarding the re23 quest; or 

24 ‘‘(iii) other persons as permitted by 

25 the head of the government agency authormstockstill on DSKH9S0YB1PROD with BILLS

27 

•HR 1805 IH

1 ized to conduct investigations of, or intel2 ligence or counterintelligence activities or 

3 analysis related to, international terrorism, 

4 or a designee. 

5 ‘‘(B) PERSONS NECESSARY FOR COMPLI6 ANCE.—Upon a request by the head of a gov7 ernment agency authorized to conduct inves8 tigations of, or intelligence or counterintel9 ligence activities or analysis related to, inter10 national terrorism, or a designee, those persons 

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

13 made before the request shall be identified to 

14 the head of the government agency or the des15 ignee. 

16 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

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

20 whom a request is issued under subsection (a) 

21 in the same manner as the person to whom the 

22 request is issued. 

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

25 (A) information otherwise subject to a nonmstockstill on DSKH9S0YB1PROD with BILLS

28 

•HR 1805 IH

1 disclosure requirement shall inform the person 

2 of the applicable nondisclosure requirement. 

3 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

5 agency that receives a request under subsection 

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

7 applicable nondisclosure requirement. 

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

9 subsection (a) shall state that if the recipient 

10 wishes to have a court review a nondisclosure 

11 requirement, the recipient shall notify the gov12 ernment. 

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

14 recipient of a request under subsection (a) 

15 makes a notification under subparagraph (B), 

16 the government shall initiate judicial review 

17 under the procedures established in section 

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

19 appropriate official of the government agency 

20 authorized to conduct investigations of, or intel21 ligence or counterintelligence activities or anal22 ysis related to, international terrorism makes a 

23 notification under paragraph (4). 

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

25 for which a consumer reporting agency has submstockstill on DSKH9S0YB1PROD with BILLS

29 

•HR 1805 IH

1 mitted a notification under paragraph (3)(B), if the 

2 facts supporting a nondisclosure requirement cease 

3 to exist, an appropriate official of the government 

4 agency authorized to conduct investigations of, or in5 telligence or counterintelligence activities or analysis 

6 related to, international terrorism shall promptly no7 tify the consumer reporting agency, or officer, em8 ployee, or agent thereof, subject to the nondisclosure 

9 requirement that the nondisclosure requirement is 

10 no longer in effect.’’. 

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

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

13 3414(a)(5)) is amended by striking subparagraph (D) and 

14 inserting the following: 

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

16 ‘‘(i) PROHIBITION.— 

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

18 issued under subclause (II) and notice of the 

19 right to judicial review under clause (iii) is pro20 vided, no financial institution, or officer, em21 ployee, or agent thereof, that receives a request 

22 under subparagraph (A), shall disclose to any 

23 person that the Federal Bureau of Investigation 

24 has sought or obtained access to information or 

25 records under subparagraph (A). 

mstockstill on DSKH9S0YB1PROD with BILLS

30 

•HR 1805 IH

1 ‘‘(II) CERTIFICATION.—The requirements 

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

3 the Federal Bureau of Investigation, or a des4 ignee of the Director whose rank shall be no 

5 lower than Deputy Assistant Director at Bu6 reau headquarters or a Special Agent in Charge 

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

8 prohibition of disclosure under this subpara9 graph, there may result— 

10 ‘‘(aa) a danger to the national secu11 rity of the United States; 

12 ‘‘(bb) interference with a criminal, 

13 counterterrorism, or counterintelligence in14 vestigation; 

15 ‘‘(cc) interference with diplomatic re16 lations; or 

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

18 safety of any person. 

19 ‘‘(ii) EXCEPTION.— 

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

21 or officer, employee, or agent thereof, that re22 ceives a request under subparagraph (A) may 

23 disclose information otherwise subject to any 

24 applicable nondisclosure requirement to— 

mstockstill on DSKH9S0YB1PROD with BILLS

31 

•HR 1805 IH

1 ‘‘(aa) those persons to whom disclo2 sure is necessary in order to comply with 

3 the request; 

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

5 legal advice or assistance regarding the re6 quest; or 

7 ‘‘(cc) other persons as permitted by 

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

10 ‘‘(II) PERSONS NECESSARY FOR COMPLI11 ANCE.—Upon a request by the Director of the 

12 Federal Bureau of Investigation or the designee 

13 of the Director, those persons to whom disclo14 sure will be made under subclause (I)(aa) or to 

15 whom such disclosure was made before the re16 quest shall be identified to the Director or the 

17 designee. 

18 ‘‘(III) NONDISCLOSURE REQUIREMENT.— 

19 A person to whom disclosure is made under 

20 subclause (I) shall be subject to the nondisclo21 sure requirements applicable to a person to 

22 whom a request is issued under subparagraph 

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

24 the request is issued. 

mstockstill on DSKH9S0YB1PROD with BILLS

32 

•HR 1805 IH

1 ‘‘(IV) NOTICE.—Any recipient that dis2 closes to a person described in subclause (I) in3 formation otherwise subject to a nondisclosure 

4 requirement shall inform the person of the ap5 plicable nondisclosure requirement. 

6 ‘‘(iii) RIGHT TO JUDICIAL REVIEW.— 

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

8 that receives a request under subparagraph (A) 

9 shall have the right to judicial review of any ap10 plicable nondisclosure requirement. 

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

12 subparagraph (A) shall state that if the recipi13 ent wishes to have a court review a nondisclo14 sure requirement, the recipient shall notify the 

15 Government. 

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

17 recipient of a request under subparagraph (A) 

18 makes a notification under subclause (II), the 

19 Government shall initiate judicial review under 

20 the procedures established in section 3511 of 

21 title 18, United States Code, unless an appro22 priate official of the Federal Bureau of Inves23 tigation makes a notification under clause (iv). 

24 ‘‘(iv) TERMINATION.—In the case of any re25 quest for which a financial institution has submitted 

mstockstill on DSKH9S0YB1PROD with BILLS

33 

•HR 1805 IH

1 a notification under clause (iii)(II), if the facts sup2 porting a nondisclosure requirement cease to exist, 

3 an appropriate official of the Federal Bureau of In4 vestigation shall promptly notify the financial insti5 tution, or officer, employee, or agent thereof, subject 

6 to the nondisclosure requirement that the nondisclo7 sure requirement is no longer in effect.’’. 

8 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

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

10 1947 (50 U.S.C. 436), is amended by striking subsection 

11 (b) and inserting the following: 

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

13 ‘‘(1) PROHIBITION.— 

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

15 issued under subparagraph (B) and notice of 

16 the right to judicial review under paragraph (3) 

17 is provided, no governmental or private entity, 

18 or officer, employee, or agent thereof, that re19 ceives a request under subsection (a), shall dis20 close to any person that an authorized inves21 tigative agency described in subsection (a) has 

22 sought or obtained access to information under 

23 subsection (a). 

24 ‘‘(B) CERTIFICATION.—The requirements 

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

mstockstill on DSKH9S0YB1PROD with BILLS

34 

•HR 1805 IH

1 an authorized investigative agency described in 

2 subsection (a), or a designee, certifies that, ab3 sent a prohibition of disclosure under this sub4 section, there may result— 

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

6 of the United States; 

7 ‘‘(ii) interference with a criminal, 

8 counterterrorism, or counterintelligence in9 vestigation; 

10 ‘‘(iii) interference with diplomatic re11 lations; or 

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

13 safety of any person. 

14 ‘‘(2) EXCEPTION.— 

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

16 private entity, or officer, employee, or agent 

17 thereof, that receives a request under sub18 section (a) may disclose information otherwise 

19 subject to any applicable nondisclosure require20 ment to— 

21 ‘‘(i) those persons to whom disclosure 

22 is necessary in order to comply with the re23 quest; 

mstockstill on DSKH9S0YB1PROD with BILLS

35 

•HR 1805 IH

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

2 legal advice or assistance regarding the re3 quest; or 

4 ‘‘(iii) other persons as permitted by 

5 the head of the authorized investigative 

6 agency described in subsection (a). 

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

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

13 made before the request shall be identified to 

14 the head of the authorized investigative agency 

15 or the designee. 

16 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

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

20 whom a request is issued under subsection (a) 

21 in the same manner as the person to whom the 

22 request is issued. 

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

25 (A) information otherwise subject to a nonmstockstill on DSKH9S0YB1PROD with BILLS

36 

•HR 1805 IH

1 disclosure requirement shall inform the person 

2 of the applicable nondisclosure requirement. 

3 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

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

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

10 subsection (a) shall state that if the recipient 

11 wishes to have a court review a nondisclosure 

12 requirement, the recipient shall notify the Gov13 ernment. 

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

15 recipient of a request under subsection (a) 

16 makes a notification under subparagraph (B), 

17 the Government shall initiate judicial review 

18 under the procedures established in section 

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

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

22 notification under paragraph (4). 

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

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

mstockstill on DSKH9S0YB1PROD with BILLS

37 

•HR 1805 IH

1 facts supporting a nondisclosure requirement cease 

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

4 promptly notify the governmental or private entity, 

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

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

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

9 SECURITY LETTERS. 

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

12 is amended— 

13 (1) in subparagraph (A)— 

14 (A) in clause (i)— 

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

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

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

19 and all that follows; and 

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

21 order or nondisclosure’’; and 

22 (2) in subparagraph (C)— 

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

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

25 (ii). 

mstockstill on DSKH9S0YB1PROD with BILLS

38 

•HR 1805 IH

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

3 is amended to read as follows: 

4 ‘‘(b) NONDISCLOSURE.— 

5 ‘‘(1) IN GENERAL.— 

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

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

9 626 or 627 of the Fair Credit Reporting Act 

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

11 the Right to Financial Privacy Act of 1978 (12 

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

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

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

16 order, the recipient shall notify the Govern17 ment. 

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

19 days after the date of receipt of a notification 

20 under subparagraph (A), the Government shall 

21 apply for an order prohibiting the disclosure of 

22 the existence or contents of the relevant request 

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

25 United States for the judicial district in which 

mstockstill on DSKH9S0YB1PROD with BILLS

39 

•HR 1805 IH

1 the recipient of the order is doing business or 

2 in the district court of the United States for 

3 any judicial district within which the authorized 

4 investigation that is the basis for the request or 

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

7 during the pendency of proceedings relating to 

8 the requirement. 

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

10 the United States that receives an application 

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

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

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

16 for a nondisclosure order or extension thereof under 

17 this subsection shall include a certification from the 

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

22 the Federal Government other than the Department 

23 of Justice, the head or deputy head of the depart24 ment, agency, or instrumentality, containing a state25 ment of specific facts indicating that, absent a promstockstill on DSKH9S0YB1PROD with BILLS

40 

•HR 1805 IH

1 hibition of disclosure under this subsection, there 

2 may result— 

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

4 the United States; 

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

7 ‘‘(C) interference with diplomatic relations; 

8 or 

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

10 of any person. 

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

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

15 weight to the certification under paragraph (2) that 

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

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

20 the United States; 

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

23 ‘‘(C) interference with diplomatic relations; 

24 or 

mstockstill on DSKH9S0YB1PROD with BILLS

41 

•HR 1805 IH

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

2 of any person.’’. 

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

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

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

7 period of time for the production of tangible things under 

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

9 the production of tangible things under an order approved 

10 under this section, a judge may assess compliance with 

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

13 States persons was retained or disseminated.’’. 

14 SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL 

15 AND TRANSACTIONAL RECORDS. 

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

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

18 (1) by striking subsection (e); 

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

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

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

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

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

mstockstill on DSKH9S0YB1PROD with BILLS

42 

•HR 1805 IH

1 headquarters or a Special Agent in Charge in a Bureau 

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

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

9 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

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

12 is amended— 

13 (1) by striking subsection (h); 

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

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

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

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

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

22 headquarters or a Special Agent in Charge in a Bureau 

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

25 statement, which shall be retained by the Federal Bureau 

mstockstill on DSKH9S0YB1PROD with BILLS

43 

•HR 1805 IH

1 of Investigation, of specific facts showing that there are 

2 reasonable grounds to believe that the information sought 

3 is relevant to the authorized investigation described in 

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

5 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

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

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

8 amended— 

9 (1) in the subsection heading, by striking 

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

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

13 the following: 

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

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

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

19 make a certification under subsection (a) only upon 

20 a written statement, which shall be retained by the 

21 government agency, of specific facts showing that 

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

mstockstill on DSKH9S0YB1PROD with BILLS

44 

•HR 1805 IH

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

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

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

4 (1) by striking subparagraph (C); 

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

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

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

11 Assistant Director at Bureau headquarters or a Special 

12 Agent in Charge in a Bureau field office designated by 

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

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

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

19 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

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

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

22 end the following: 

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

mstockstill on DSKH9S0YB1PROD with BILLS

45 

•HR 1805 IH

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

3 facts showing that there are reasonable grounds to believe 

4 that the information sought is relevant to the authorized 

5 inquiry or investigation described in paragraph 

6 (3)(A)(ii).’’. 

7 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

25 415b(b)) is amended— 

mstockstill on DSKH9S0YB1PROD with BILLS

46 

•HR 1805 IH

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

2 and 

3 (B) by redesignating paragraph (6) as 

4 paragraph (4). 

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

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

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

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

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

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

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

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

16 period beginning 180 days after the date 

17 of enactment of the USA PATRIOT Act 

18 Sunset Extension Act of 2011 and ending 

19 on December 31, 2011; and 

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

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

22 each report thereafter, the 6-month period 

23 ending on the last day of the second month 

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

mstockstill on DSKH9S0YB1PROD with BILLS

47 

•HR 1805 IH

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

2 the meaning given that term in section 101 of 

3 the Foreign Intelligence Surveillance Act of 

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

5 ‘‘(2) CLASSIFIED FORM.— 

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

8 the Attorney General shall submit to the Select 

9 Committee on Intelligence, the Committee on 

10 the Judiciary, and the Committee on Banking, 

11 Housing, and Urban Affairs of the Senate and 

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

14 the Committee on Financial Services of the 

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

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

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

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

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

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

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

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

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

mstockstill on DSKH9S0YB1PROD with BILLS

48 

•HR 1805 IH

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

3 of law described in subparagraph (A)— 

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

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

9 ‘‘(I) that relate to a United 

10 States person; 

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

12 is not a United States person; 

13 ‘‘(III) that relate to a person 

14 that is— 

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

18 ‘‘(bb) an individual who has 

19 been in contact with or otherwise 

20 directly linked to the subject of 

21 an authorized national security 

22 investigation; and 

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

24 is not known to be the subject of an 

25 authorized national security investigamstockstill on DSKH9S0YB1PROD with BILLS

49 

•HR 1805 IH

1 tion or to have been in contact with or 

2 otherwise directly linked to the subject 

3 of an authorized national security in4 vestigation. 

5 ‘‘(3) UNCLASSIFIED FORM.— 

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

8 the Attorney General shall submit to the Select 

9 Committee on Intelligence, the Committee on 

10 the Judiciary, and the Committee on Banking, 

11 Housing, and Urban Affairs of the Senate and 

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

14 the Committee on Financial Services of the 

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

17 total of all requests identified under paragraph 

18 (2) during the applicable period ending on the 

19 last day of the second month before the date for 

20 submission of the report. Each report under 

21 this subparagraph shall be in unclassified form. 

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

24 of requests— 

mstockstill on DSKH9S0YB1PROD with BILLS

50 

•HR 1805 IH

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

2 person; 

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

4 not a United States person; 

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

6 ‘‘(I) the subject of an authorized 

7 national security investigation; or 

8 ‘‘(II) an individual who has been 

9 in contact with or otherwise directly 

10 linked to the subject of an authorized 

11 national security investigation; and 

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

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

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

18 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

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

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

25 amended by adding at the end the following: 

mstockstill on DSKH9S0YB1PROD with BILLS

51 

•HR 1805 IH

1 ‘‘SEC. 602. ANNUAL UNCLASSIFIED REPORT. 

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

5 the protection of classified information from unauthorized 

6 disclosure, shall submit to the Committee on the Judiciary 

7 and the Select Committee on Intelligence of the Senate 

8 and the Committee on the Judiciary and the Permanent 

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

11 authorities under this Act are used, including the impact 

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

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

14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

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

18 section 601 the following: 

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

19 SEC. 10. AUDITS. 

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

21 PATRIOT Improvement and Reauthorization Act of 2005 

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

23 (1) in subsection (b)— 

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

25 and inserting ‘‘2011’’; 

mstockstill on DSKH9S0YB1PROD with BILLS

52 

•HR 1805 IH

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

2 (C) by redesignating paragraphs (4) and 

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

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

5 (i) by striking subparagraph (C) and 

6 inserting the following: 

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

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

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

14 and 

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

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

17 the National Security Act of 1947 (50 

18 U.S.C. 401a(4)))’’; 

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

20 following: 

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

22 Not later than March 31, 2012, the Inspector Gen23 eral of the Department of Justice shall submit to the 

24 Committee on the Judiciary and the Permanent Se25 lect Committee on Intelligence of the House of Repmstockstill on DSKH9S0YB1PROD with BILLS

53 

•HR 1805 IH

1 resentatives and the Committee on the Judiciary and 

2 the Select Committee on Intelligence of the Senate 

3 a report containing the results of the audit con4 ducted under subsection (a) for calendar years 2007, 

5 2008, and 2009. 

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

7 later than March 31, 2013, the Inspector General of 

8 the Department of Justice shall submit to the Com9 mittee on the Judiciary and the Permanent Select 

10 Committee on Intelligence of the House of Rep11 resentatives and the Committee on the Judiciary and 

12 the Select Committee on Intelligence of the Senate 

13 a report containing the results of the audit con14 ducted under subsection (a) for calendar years 2010 

15 and 2011.’’; 

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

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

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

20 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

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

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

23 2011, the Inspector General of each element of the 

24 intelligence community outside of the Department of 

25 Justice that used information acquired under title V 

mstockstill on DSKH9S0YB1PROD with BILLS

54 

•HR 1805 IH

1 of the Foreign Intelligence Surveillance Act of 1978 

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

3 of the element of the intelligence community shall— 

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

6 of the intelligence community; 

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

9 disseminated by the element of the intelligence 

10 community; 

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

13 the Foreign Intelligence Surveillance Act of 

14 1978 as the orders relate to the element of the 

15 intelligence community; and 

16 ‘‘(D) examine any minimization procedures 

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

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

21 rights of United States persons. 

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

23 ‘‘(A) CALENDAR YEARS 2007 THROUGH

24 2009.—Not later than March 31, 2012, the In25 spector General of each element of the intelmstockstill on DSKH9S0YB1PROD with BILLS

55 

•HR 1805 IH

1 ligence community that conducts an assessment 

2 under this subsection shall submit to the Com3 mittee on the Judiciary and the Select Com4 mittee on Intelligence of the Senate and the 

5 Committee on the Judiciary and the Permanent 

6 Select Committee on Intelligence of the House 

7 of Representative a report containing the re8 sults of the assessment for calendar years 2007 

9 through 2009. 

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

11 Not later than March 31, 2013, the Inspector 

12 General of each element of the intelligence com13 munity that conducts an assessment under this 

14 subsection shall submit to the Committee on the 

15 Judiciary and the Select Committee on Intel16 ligence of the Senate and the Committee on the 

17 Judiciary and the Permanent Select Committee 

18 on Intelligence of the House of Representatives 

19 a report containing the results of the assess20 ment for calendar years 2010 and 2011.’’; 

21 (5) in subsection (e), as redesignated by para22 graph (3)— 

23 (A) in paragraph (1)— 

mstockstill on DSKH9S0YB1PROD with BILLS

56 

•HR 1805 IH

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

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

4 (ii) by inserting ‘‘and any Inspector 

5 General of an element of the intelligence 

6 community that submits a report under 

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

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

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

11 under subsection (c) or (d)’’; 

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

14 (A) by striking ‘‘The reports submitted 

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

17 (c)’’; and 

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

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

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

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

23 meaning given that term in section 3 of the National 

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

mstockstill on DSKH9S0YB1PROD with BILLS

57 

•HR 1805 IH

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

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

4 U.S.C. 1801).’’. 

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

6 the USA PATRIOT Improvement and Reauthorization 

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

8 amended— 

9 (1) in subsection (b)— 

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

11 and inserting ‘‘2011’’; and 

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

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

15 401a(4)))’’; 

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

17 following: 

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

19 Not later than March 31, 2012, the Inspector Gen20 eral of the Department of Justice shall submit to the 

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

24 the Select Committee on Intelligence of the Senate 

25 a report containing the results of the audit conmstockstill on DSKH9S0YB1PROD with BILLS

58 

•HR 1805 IH

1 ducted under subsection (a) for calendar years 2007, 

2 2008, and 2009. 

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

4 later than March 31, 2013, the Inspector General of 

5 the Department of Justice shall submit to the Com6 mittee on the Judiciary and the Permanent Select 

7 Committee on Intelligence of the House of Rep8 resentatives and the Committee on the Judiciary and 

9 the Select Committee on Intelligence of the Senate 

10 a report containing the results of the audit con11 ducted under subsection (a) for calendar years 2010 

12 and 2011.’’; 

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

14 following: 

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

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

17 meaning given that term in section 3 of the National 

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

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

20 request for information under— 

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

22 States Code (to access certain communication 

23 service provider records); 

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

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

mstockstill on DSKH9S0YB1PROD with BILLS

59 

•HR 1805 IH

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

2 customer records); 

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

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

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

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

13 agency consumer records for counterterrorism 

14 investigations); and 

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

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

18 U.S.C. 1801).’’; 

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

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

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

23 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

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

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

mstockstill on DSKH9S0YB1PROD with BILLS

60 

•HR 1805 IH

1 2011, the Inspector General of each element of the 

2 intelligence community outside of the Department of 

3 Justice that issued national security letters in the 

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

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

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

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

12 community, including any improper or illegal 

13 use of such authority; 

14 ‘‘(C) assess the importance of information 

15 received under the national security letters to 

16 the intelligence activities of the element of the 

17 intelligence community; and 

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

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

23 ‘‘(A) CALENDAR YEARS 2007 THROUGH

24 2009.—Not later than March 31, 2012, the In25 spector General of each element of the intelmstockstill on DSKH9S0YB1PROD with BILLS

61 

•HR 1805 IH

1 ligence community that conducts an assessment 

2 under this subsection shall submit to the Com3 mittee on the Judiciary and the Select Com4 mittee on Intelligence of the Senate and the 

5 Committee on the Judiciary and the Permanent 

6 Select Committee on Intelligence of the House 

7 of Representatives a report containing the re8 sults of the assessment for calendar years 2007 

9 through 2009. 

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

11 Not later than March 31, 2013, the Inspector 

12 General of any element of the intelligence com13 munity that conducts an assessment under this 

14 subsection shall submit to the Committee on the 

15 Judiciary and the Select Committee on Intel16 ligence of the Senate and the Committee on the 

17 Judiciary and the Permanent Select Committee 

18 on Intelligence of the House of Representatives 

19 a report containing the results of the assess20 ment for calendar years 2010 and 2011.’’; 

21 (6) in subsection (e), as redesignated by para22 graph (4)— 

23 (A) in paragraph (1)— 

mstockstill on DSKH9S0YB1PROD with BILLS

62 

•HR 1805 IH

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

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

4 (ii) by inserting ‘‘and any Inspector 

5 General of an element of the intelligence 

6 community that submits a report under 

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

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

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

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

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

14 (A) by striking ‘‘The reports submitted 

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

17 (c)’’; and 

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

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

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

mstockstill on DSKH9S0YB1PROD with BILLS

63 

•HR 1805 IH

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

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

4 2007 and ending on December 31, 2011. 

5 (2) REQUIREMENTS.—The audits required 

6 under paragraph (1) shall include— 

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

9 of the Foreign Intelligence Surveillance Act of 

10 1978 for calendar years 2007 through 2011; 

11 (B) an examination of the installation and 

12 use of a pen register or trap and trace device 

13 on emergency bases under section 403 of the 

14 Foreign Intelligence Surveillance Act of 1978 

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

16 (C) any noteworthy facts or circumstances 

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

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

20 improper or illegal use of the authority provided 

21 under that title; and 

22 (D) an examination of the effectiveness of 

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

mstockstill on DSKH9S0YB1PROD with BILLS

64 

•HR 1805 IH

1 (i) the importance of the information 

2 acquired to the intelligence activities of the 

3 Federal Bureau of Investigation; 

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

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

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

10 Federal, State, local, or tribal governments 

11 or any private sector entity; 

12 (iii) with respect to calendar years 

13 2010 and 2011, an examination of the 

14 minimization procedures of the Federal 

15 Bureau of Investigation used in relation to 

16 pen registers and trap and trace devices 

17 under title IV of the Foreign Intelligence 

18 Surveillance Act of 1978 and whether the 

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

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

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

mstockstill on DSKH9S0YB1PROD with BILLS

65 

•HR 1805 IH

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

4 community, or to another department, 

5 agency, or instrumentality of Federal, 

6 State, local, or tribal governments; and 

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

10 trap and trace device under title IV of the 

11 Foreign Intelligence Surveillance Act of 

12 1978 to law enforcement authorities for 

13 use in criminal proceedings. 

14 (3) SUBMISSION DATES.— 

15 (A) CALENDAR YEARS 2007 THROUGH

16 2009.—Not later than March 31, 2012, the In17 spector General of the Department of Justice 

18 shall submit to the Committee on the Judiciary 

19 and the Select Committee on Intelligence of the 

20 Senate and the Committee on the Judiciary and 

21 the Permanent Select Committee on Intelligence 

22 of the House of Representatives a report con23 taining the results of the audits conducted 

24 under paragraph (1) for calendar years 2007 

25 through 2009. 

mstockstill on DSKH9S0YB1PROD with BILLS

66 

•HR 1805 IH

1 (B) CALENDAR YEARS 2010 AND 2011.— 

2 Not later than March 31, 2013, the Inspector 

3 General of the Department of Justice shall sub4 mit to the Committee on the Judiciary and the 

5 Select Committee on Intelligence of the Senate 

6 and the Committee on the Judiciary and the 

7 Permanent Select Committee on Intelligence of 

8 the House of Representatives a report con9 taining the results of the audits conducted 

10 under paragraph (1) for calendar years 2010 

11 and 2011. 

12 (4) INTELLIGENCE ASSESSMENT.— 

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

15 31, 2011, the Inspector General of any element 

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

19 device under title IV of the Foreign Intelligence 

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

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

25 element of the intelligence community; 

mstockstill on DSKH9S0YB1PROD with BILLS

67 

•HR 1805 IH

1 (ii) examine the manner in which the 

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

4 (iii) describe any noteworthy facts or 

5 circumstances relating to orders under title 

6 IV of the Foreign Intelligence Surveillance 

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

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

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

17 (B) SUBMISSION DATES FOR ASSESS18 MENT.— 

19 (i) CALENDAR YEARS 2007 THROUGH

20 2009.—Not later than March 31, 2012, the 

21 Inspector General of each element of the 

22 intelligence community that conducts an 

23 assessment under this paragraph shall sub24 mit to the Committee on the Judiciary and 

25 the Select Committee on Intelligence of the 

mstockstill on DSKH9S0YB1PROD with BILLS

68 

•HR 1805 IH

1 Senate and the Committee on the Judici2 ary and the Permanent Select Committee 

3 on Intelligence of the House of Represent4 ative a report containing the results of the 

5 assessment for calendar years 2007 

6 through 2009. 

7 (ii) CALENDAR YEARS 2010 AND

8 2011.—Not later than March 31, 2013, the 

9 Inspector General of each element of the 

10 intelligence community that conducts an 

11 assessment under this paragraph shall sub12 mit to the Committee on the Judiciary and 

13 the Select Committee on Intelligence of the 

14 Senate and the Committee on the Judici15 ary and the Permanent Select Committee 

16 on Intelligence of the House of Represent17 ative a report containing the results of the 

18 assessment for calendar years 2010 and 

19 2011. 

20 (5) PRIOR NOTICE TO ATTORNEY GENERAL AND

21 DIRECTOR OF NATIONAL INTELLIGENCE; COM22 MENTS.— 

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

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

mstockstill on DSKH9S0YB1PROD with BILLS

69 

•HR 1805 IH

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

5 Director of National Intelligence. 

6 (B) COMMENTS.—The Attorney General or 

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

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

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

15 be in unclassified form, but may include a classified 

16 annex. 

17 (d) DEFINITIONS.—In this section— 

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

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

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

22 1801); and 

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

24 meaning given that term in section 3 of the National 

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

mstockstill on DSKH9S0YB1PROD with BILLS

70 

•HR 1805 IH

1 SEC. 11. DELAYED NOTICE SEARCH WARRANTS. 

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

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

4 SEC. 12. PROCEDURES. 

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

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

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

9 response to a national security letter issued under section 

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

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

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

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

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

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

18 of individuals and the need to protect national security. 

19 (c) REVISIONS TO PROCEDURES AND OVERSIGHT.— 

20 If the Attorney General makes any significant changes to 

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

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

23 the Committee on the Judiciary and the Select Committee 

24 on Intelligence of the Senate and the Committee on the 

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

mstockstill on DSKH9S0YB1PROD with BILLS

71 

•HR 1805 IH

1 SEC. 13. SEVERABILITY. 

2 If any provision of this Act or an amendment made 

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

5 remainder of this Act and the amendments made by this 

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

7 the amendments made by this Act to any other person 

8 or circumstance, shall not be affected thereby. 

9 SEC. 14. OFFSET. 

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

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

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

15 SEC. 15. ELECTRONIC SURVEILLANCE. 

16 Section 105(c)(1)(A) of the Foreign Intelligence Sur17 veillance Act of 1978 (50 U.S.C. 1805(c)(1)(A)) is amend18 ed by inserting ‘‘with particularity’’ after ‘‘description’’. 

19 SEC. 16. EFFECTIVE DATE. 

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

21 11 shall take effect on the date that is 120 days after 

22 the date of enactment of this Act. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS