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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3969 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3969

  To extend and modify certain provisions of the Foreign Intelligence 
       Surveillance Act of 1978 relating to combating terrorism.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 29, 2009

Mr. Reyes (for himself, Mr. Hastings of Florida, Mr. Ruppersberger, and 
  Mr. Boren) 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 and modify certain provisions of the Foreign Intelligence 
       Surveillance Act of 1978 relating to combating terrorism.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Counterterrorism Authorities 
Improvements Act of 2009''.

SEC. 2. EXTENSION OF SUNSET OF CERTAIN PROVISIONS OF USA PATRIOT ACT.

    (a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (18 U.S.C. 2510 note; Public Law 109-177) is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2013''.
    (b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (50 U.S.C. 1801 note; Public Law 108-458) is amended by 
striking ``December 31, 2009'' and inserting ``December 31, 2013''.

SEC. 3. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 501 OF THE 
              FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Factual Basis for and Issuance of Orders.--Section 501 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
amended--
            (1) 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 new subparagraph:
                    ``(B) a statement of proposed minimization 
                procedures.''; and
            (2) 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 a semicolon; 
                        and
                            (iii) by adding at the end the following:
                    ``(F) shall direct that the minimization procedures 
                be followed; and''.
    (b) Disclosure of Requests.--Such section 501 is further amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)(B), by striking 
                ``application.'' and inserting ``application; and''; 
                and
                    (B) by adding at the end the following new 
                paragraph:
            ``(3) may include a request that such order prohibit any 
        person from disclosing to any other person that the Federal 
        Bureau of Investigation has sought or obtained tangible things 
        pursuant to such order for a particular period of time, other 
        than in accordance with subsection (d).'';
            (2) in subsection (c)(2), by adding at the end the 
        following new subparagraph:
                    ``(G) if--
                            ``(i) such application includes a request 
                        for a prohibition in accordance with subsection 
                        (b)(3), and
                            ``(ii) the judge finds that there is reason 
                        to believe that the disclosure of the order 
                        will result in--
                                    ``(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,
                shall prohibit any person from disclosing to any other 
                person that the Federal Bureau of Investigation has 
                sought or obtained tangible things pursuant to such 
                order for an appropriate period of time as determined 
                by the judge, except in accordance with subsection 
                (d).'';
            (3) in subsection (d)(1)--
                    (A) by striking ``No person'' and inserting ``If an 
                order under this section includes a prohibition 
                referred to in subsection (c)(2)(G), no person''; and
                    (B) by striking ``an order under this section'' and 
                inserting ``such order during the period of time such 
                prohibition is effective under such order''; and
            (4) in subsection (f)(1)(B), by striking ``an order imposed 
        under subsection (d)'' and inserting ``a prohibition referred 
        to in subsection (c)(2)(G) included in an order under this 
        section''.
    (c) Audit.--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)(1), by striking ``2006'' and 
        inserting ``2013'';
            (2) in subsection (c), by adding at the end the following 
        new paragraphs:
            ``(3) Calendar years 2007, 2008, and 2009.--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, 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.
            ``(5) Calendar years 2012 and 2013.--Not later than 
        December 31, 2014, 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 2012 and 2013.'';
            (3) in subsection (d)--
                    (A) in paragraph (1) by striking ``subsection 
                (c)(1) or (c)(2)'' and inserting ``paragraph (1), (2), 
                (3), (4), or (5) of subsection (c)''; and
                    (B) in paragraph (2), by striking ``subsections 
                (c)(1) and (c)(2)'' and inserting ``paragraph (1), (2), 
                (3), (4), or (5) of subsection (c)''; and
            (4) in subsection (e), by striking ``subsections (c)(1) and 
        (c)(2)'' and inserting ``paragraph (1), (2), (3), (4), or (5) 
        of subsection (c)''.

SEC. 4. 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) in the first sentence, by striking ``a 
                        production order'' and inserting ``a production 
                        order or nondisclosure order''; and
                            (ii) in the second sentence, by striking 
                        ``Not less than 1 year'' and all that follows; 
                        and
                    (B) in clause (ii) in the third sentence, 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. 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--
                            ``(i) state that if the recipient wishes to 
                        have a court review a nondisclosure 
                        requirement, the recipient shall provide notice 
                        to the Government in accordance with section 
                        3511(b)(1)(A); and
                            ``(ii) describe the procedures for 
                        providing such notice.
                    ``(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 under subsection 
                (a), (b), or (c) shall--
                            ``(i) state that if the recipient wishes to 
                        have a court review a nondisclosure 
                        requirement, the recipient shall provide notice 
                        to the Government in accordance with section 
                        3511(b)(1)(A) of title 18, United States Code; 
                        and
                            ``(ii) describe the procedures for 
                        providing such notice.
                    ``(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--
                            ``(i) state that if the recipient wishes to 
                        have a court review a nondisclosure 
                        requirement, the recipient shall provide notice 
                        to the Government in accordance with section 
                        3511(b)(1)(A) of title 18, United States Code; 
                        and
                            ``(ii) describe the procedures for 
                        providing such notice.
                    ``(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--
                            ``(aa) state that if the recipient wishes 
                        to have a court review a nondisclosure 
                        requirement, the recipient shall provide notice 
                        to the Government in accordance with section 
                        3511(b)(1)(A) of title 18, United States Code; 
                        and
                            ``(bb) describe the procedures for 
                        providing such notice.
                    ``(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--
                            ``(i) state that if the recipient wishes to 
                        have a court review a nondisclosure 
                        requirement, the recipient shall provide notice 
                        to the Government in accordance with section 
                        3511(b)(1)(A) of title 18, United States Code; 
                        and
                            ``(ii) describe the procedures for 
                        providing such notice.
                    ``(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. 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. 7. ADDITIONAL RULES RELATING TO NATIONAL SECURITY LETTERS.

    (a) Audit of Use of National Security Letters.--Section 119 of the 
USA PATRIOT Improvement and Reauthorization Act of 2005 is amended--
            (1) in subsection (b)(1), by striking ``2003 through 2006'' 
        and inserting ``2007 through 2013'';
            (2) in subsection (b)(3)(E), by striking ``following the 
        date of the enactment of this Act'' and inserting ``after 
        2006'';
            (3) in subsection (c)(1)--
                    (A) by striking ``Not later than one year after the 
                date of the enactment of this Act, or upon completion 
                of the audit under this section for calendar years 2003 
                and 2004, whichever is earlier'' and inserting ``Not 
                later than December 31, 2010''; and
                    (B) by striking ``conducted under this subsection 
                for calendar years 2003 and 2004'' and inserting 
                ``conducted under this section for calendar years 2007 
                through 2009'';
            (4) in subsection (c)(2)--
                    (A) by striking ``2005'' each place it appears 
                (including in the subsection heading) and inserting 
                ``2010'';
                    (B) by striking ``2006'' each place it appears 
                (including in the subsection heading) and inserting 
                ``2011''; and
                    (C) by striking ``2007'' and inserting ``2012''; 
                and
            (5) by adding at the end the following new paragraph:
            ``(3) Calendar years 2012 and 2013.--Not later than 
        December 31, 2014, or upon completion of the audit under this 
        subsection for calendar years 2012 and 2013, whichever is 
        earlier, 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 the 
        subsection for calendar years 2012 and 2013.''.
    (b) Procedures Regarding Information Obtained Through National 
Security Letters.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Attorney General shall--
                    (A) establish procedures for the collection, use, 
                and storage of information obtained in response to a 
                national security letter; and
                    (B) submit to the appropriate congressional 
                committees the procedures established under 
                subparagraph (A).
            (2) Revisions to procedures.--The Attorney General shall 
        notify the appropriate congressional committees of any 
        significant changes to the procedures established under 
        paragraph (1)(A).
            (3) Definitions.--In this subsection:
                    (A) Appropriate congressional committees.--The term 
                ``appropriate congressional committees'' means--
                            (i) the Permanent Select Committee on 
                        Intelligence and the Committee on the Judiciary 
                        of the House of Representatives; and
                            (ii) the Select Committee on Intelligence 
                        and the Committee on the Judiciary of the 
                        Senate.
                    (B) National security letter.--the term ``national 
                security letter'' means a request for information 
                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).

SEC. 8. LONE WOLF TERRORISTS AS AGENTS OF FOREIGN POWERS.

    Section 104 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1804) is amended by adding at the end the following new 
subsection:
    ``(e) Requirements for Applications for Individual Terrorists.--
            ``(1) Delegation.--The Attorney General may only delegate 
        the authority to approve an application under subsection (a) 
        for an order approving electronic surveillance of an agent of a 
        foreign power, as defined in section 101(b)(1)(C), to the 
        Deputy Attorney General or the Assistant Attorney General for 
        National Security.
            ``(2) Notice to congress.--Not later than seven days after 
        an application for an order approving electronic surveillance 
        of an agent of a foreign power, as defined in section 
        101(b)(1)(C), is made under subsection (a), the Attorney 
        General shall submit to the Permanent Select Committee on 
        Intelligence and the Committee on the Judiciary of the House of 
        Representatives and the Select Committee on Intelligence and 
        the Committee on the Judiciary of the Senate notice of such 
        application.''.

SEC. 9. 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, 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
                    ``(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 inserting ``or minimization procedures required 
        under this title, if ordered or determined appropriate by the 
        Attorney General under section 403(c)'' after ``provisions of 
        this section''.
    (c) Audits.--
            (1) In general.--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, 2013.
            (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 2013;
                    (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 
                        through 2013, 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 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 through 2009.
                    (B) 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 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.
                    (C) Calendar years 2012 and 2013.--Not later than 
                December 31, 2014, 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), (B), or 
                (C) 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), (B), or (C) 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), (B), or (C) of paragraph (3) and any comments 
        included under paragraph (4)(B) shall be in unclassified form, 
        but may include a classified annex.
                                 <all>
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