I 

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. 

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 ‘‘Counterterrorism Au5 thorities Improvements Act of 2009’’. 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
2 

•HR 3969 IH

1 SEC. 2. EXTENSION OF SUNSET OF CERTAIN PROVISIONS 

2 OF USA PATRIOT ACT. 

3 (a) USA PATRIOT IMPROVEMENT AND REAUTHOR4 IZATION ACT OF 2005.—Section 102(b)(1) of the USA 

5 PATRIOT Improvement and Reauthorization Act of 2005 

6 (18 U.S.C. 2510 note; Public Law 109–177) is amended 

7 by striking ‘‘December 31, 2009’’ and inserting ‘‘Decem8 ber 31, 2013’’. 

9 (b) INTELLIGENCE REFORM AND TERRORISM PRE10 VENTION ACT OF 2004.—Section 6001(b)(1) of the Intel11 ligence Reform and Terrorism Prevention Act of 2004 (50 

12 U.S.C. 1801 note; Public Law 108–458) is amended by 

13 striking ‘‘December 31, 2009’’ and inserting ‘‘December 

14 31, 2013’’. 

15 SEC. 3. ACCESS TO CERTAIN BUSINESS RECORDS UNDER 

16 SECTION 501 OF THE FOREIGN INTEL17 LIGENCE SURVEILLANCE ACT OF 1978. 

18 (a) FACTUAL BASIS FOR AND ISSUANCE OF OR19 DERS.—Section 501 of the Foreign Intelligence Surveil20 lance Act of 1978 (50 U.S.C. 1861) is amended— 

21 (1) in subsection (b)(2)— 

22 (A) in subparagraph (A)— 

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

24 showing’’ and inserting ‘‘a statement of 

25 the facts and circumstances relied upon by 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
3 

•HR 3969 IH

1 the applicant to justify the belief of the ap2 plicant’’; and 

3 (ii) by striking ‘‘clandestine intel4 ligence activities,’’ and all that follows and 

5 inserting ‘‘clandestine intelligence activi6 ties;’’; and 

7 (B) by striking subparagraph (B) and in8 serting the following new subparagraph: 

9 ‘‘(B) a statement of proposed minimization 

10 procedures.’’; and 

11 (2) in subsection (c)— 

12 (A) in paragraph (1)— 

13 (i) by inserting ‘‘and that the pro14 posed minimization procedures meet the 

15 definition of minimization procedures 

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

17 (a) and (b)’’; and 

18 (ii) by striking the second sentence; 

19 and 

20 (B) in paragraph (2)— 

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

22 ‘‘and’’ at the end; 

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

24 the period at the end and inserting a semi25 colon; and 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
4 

•HR 3969 IH

1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(F) shall direct that the minimization 

4 procedures be followed; and’’. 

5 (b) DISCLOSURE OF REQUESTS.—Such section 501 

6 is further amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (2)(B), by striking ‘‘ap9 plication.’’ and inserting ‘‘application; and’’; 

10 and 

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

12 paragraph: 

13 ‘‘(3) may include a request that such order pro14 hibit any person from disclosing to any other person 

15 that the Federal Bureau of Investigation has sought 

16 or obtained tangible things pursuant to such order 

17 for a particular period of time, other than in accord18 ance with subsection (d).’’; 

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

20 the following new subparagraph: 

21 ‘‘(G) if— 

22 ‘‘(i) such application includes a re23 quest for a prohibition in accordance with 

24 subsection (b)(3), and 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
5 

•HR 3969 IH

1 ‘‘(ii) the judge finds that there is rea2 son to believe that the disclosure of the 

3 order will result in— 

4 ‘‘(I) a danger to the national se5 curity of the United States, 

6 ‘‘(II) interference with a crimi7 nal, counterterrorism, or counterintel8 ligence investigation, 

9 ‘‘(III) interference with diplo10 matic relations, or 

11 ‘‘(IV) danger to the life or phys12 ical safety of any person, 

13 shall prohibit any person from disclosing to any 

14 other person that the Federal Bureau of Inves15 tigation has sought or obtained tangible things 

16 pursuant to such order for an appropriate pe17 riod of time as determined by the judge, except 

18 in accordance with subsection (d).’’; 

19 (3) in subsection (d)(1)— 

20 (A) by striking ‘‘No person’’ and inserting 

21 ‘‘If an order under this section includes a prohi22 bition referred to in subsection (c)(2)(G), no 

23 person’’; and 

24 (B) by striking ‘‘an order under this sec25 tion’’ and inserting ‘‘such order during the peVerDate Nov 24 2008 08:19 Oct 30, 2009 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

CPrice-Sewell on DSKGBLS3C1PROD with BILLS
6 

•HR 3969 IH

1 riod of time such prohibition is effective under 

2 such order’’; and 

3 (4) in subsection (f)(1)(B), by striking ‘‘an 

4 order imposed under subsection (d)’’ and inserting 

5 ‘‘a prohibition referred to in subsection (c)(2)(G) in6 cluded in an order under this section’’. 

7 (c) AUDIT.—Section 106A of the USA PATRIOT 

8 Improvement and Reauthorization Act of 2005 (Public 

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

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

11 and inserting ‘‘2013’’; 

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

13 following new paragraphs: 

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

15 Not later than December 31, 2010, the Inspector 

16 General of the Department of Justice shall submit 

17 to the Committee on the Judiciary and the Perma18 nent Select Committee on Intelligence of the House 

19 of Representatives and the Committee on the Judici20 ary and the Select Committee on Intelligence of the 

21 Senate a report containing the results of the audit 

22 conducted under this section for calendar years 

23 2007, 2008, and 2009. 

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

25 later than December 31, 2012, the Inspector GenVerDate Nov 24 2008 01:04 Oct 31, 2009 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

CPrice-Sewell on DSKGBLS3C1PROD with BILLS
7 

•HR 3969 IH

1 eral of the Department of Justice shall submit to the 

2 Committee on the Judiciary and the Permanent Se3 lect Committee on Intelligence of the House of Rep4 resentatives and the Committee on the Judiciary and 

5 the Select Committee on Intelligence of the Senate 

6 a report containing the results of the audit con7 ducted under this section for calendar years 2010 

8 and 2011. 

9 ‘‘(5) CALENDAR YEARS 2012 AND 2013.—Not 

10 later than December 31, 2014, the Inspector Gen11 eral of the Department of Justice shall submit to the 

12 Committee on the Judiciary and the Permanent Se13 lect Committee on Intelligence of the House of Rep14 resentatives and the Committee on the Judiciary and 

15 the Select Committee on Intelligence of the Senate 

16 a report containing the results of the audit con17 ducted under this section for calendar years 2012 

18 and 2013.’’; 

19 (3) in subsection (d)— 

20 (A) in paragraph (1) by striking ‘‘sub21 section (c)(1) or (c)(2)’’ and inserting ‘‘para22 graph (1), (2), (3), (4), or (5) of subsection 

23 (c)’’; and 

24 (B) in paragraph (2), by striking ‘‘sub25 sections (c)(1) and (c)(2)’’ and inserting ‘‘paraVerDate Nov 24 2008 01:04 Oct 31, 2009 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

CPrice-Sewell on DSKGBLS3C1PROD with BILLS
8 

•HR 3969 IH

1 graph (1), (2), (3), (4), or (5) of subsection 

2 (c)’’; and 

3 (4) in subsection (e), by striking ‘‘subsections 

4 (c)(1) and (c)(2)’’ and inserting ‘‘paragraph (1), (2), 

5 (3), (4), or (5) of subsection (c)’’. 

6 SEC. 4. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL 

7 SECURITY LETTERS. 

8 (a) FISA.—Section 501(f)(2) of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) 

10 is amended— 

11 (1) in subparagraph (A)— 

12 (A) in clause (i)— 

13 (i) in the first sentence, by striking ‘‘a 

14 production order’’ and inserting ‘‘a produc15 tion order or nondisclosure order’’; and 

16 (ii) in the second sentence, by striking 

17 ‘‘Not less than 1 year’’ and all that fol18 lows; and 

19 (B) in clause (ii) in the third sentence, by 

20 striking ‘‘production order or nondisclosure’’; 

21 and 

22 (2) in subparagraph (C)— 

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

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

25 (ii). 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
9 

•HR 3969 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 any district within which the 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
10 

•HR 3969 IH

1 authorized investigation that is the basis for the 

2 request or order is being conducted. The appli3 cable nondisclosure requirement shall remain in 

4 effect during the pendency of proceedings relat5 ing to the requirement. 

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

7 the United States that receives an application 

8 under subparagraph (B) should rule expedi9 tiously, and shall, subject to paragraph (3), 

10 issue a nondisclosure order that includes condi11 tions appropriate to the circumstances. 

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

13 for a nondisclosure order or extension thereof under 

14 this subsection shall include a certification from the 

15 Attorney General, Deputy Attorney General, an As16 sistant Attorney General, or the Director of the Fed17 eral Bureau of Investigation, or in the case of a re18 quest by a department, agency, or instrumentality of 

19 the Federal Government other than the Department 

20 of Justice, the head or deputy head of the depart21 ment, agency, or instrumentality, containing a state22 ment of specific and articulable facts indicating that, 

23 absent a prohibition of disclosure under this sub24 section, there may result— 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
11 

•HR 3969 IH

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

2 the United States; 

3 ‘‘(B) interference with a criminal, counter4 terrorism, or counterintelligence investigation; 

5 ‘‘(C) interference with diplomatic relations; 

6 or 

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

8 of any person. 

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

10 United States shall issue a nondisclosure require11 ment order or extension thereof under this sub12 section if the court determines, giving substantial 

13 weight to the certification under paragraph (2) that 

14 there is reason to believe that disclosure of the infor15 mation subject to the nondisclosure requirement dur16 ing the applicable time period will result in— 

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

18 the United States; 

19 ‘‘(B) interference with a criminal, counter20 terrorism, or counterintelligence investigation; 

21 ‘‘(C) interference with diplomatic relations; 

22 or 

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

24 of any person.’’. 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
12 

•HR 3969 IH

1 (c) MINIMIZATION.—Section 501(g)(1) of the For2 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

3 1861(g)(1)) is amended by striking ‘‘Not later than’’ and 

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

5 period of time for the production of tangible things under 

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

7 the production of tangible things under an order approved 

8 under this section, a judge may assess compliance with 

9 the minimization procedures by reviewing the cir10 cumstances under which information concerning United 

11 States persons was retained or disseminated.’’. 

12 SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECU13 RITY LETTERS. 

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

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

16 inserting the following: 

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

18 ‘‘(1) PROHIBITION.— 

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

20 issued under subparagraph (B) and notice of 

21 the right to judicial review under paragraph (3) 

22 is provided, no wire or electronic communica23 tion service provider, or officer, employee, or 

24 agent thereof, that receives a request under 

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


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
13 

•HR 3969 IH

1 the Director of the Federal Bureau of Inves2 tigation has sought or obtained access to infor3 mation or records under this section. 

4 ‘‘(B) CERTIFICATION.—The requirements 

5 of subparagraph (A) shall apply if the Director 

6 of the Federal Bureau of Investigation, or a 

7 designee of the Director whose rank shall be no 

8 lower than Deputy Assistant Director at Bu9 reau headquarters or a Special Agent in Charge 

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

11 prohibition of disclosure under this subsection, 

12 there may result— 

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

14 of the United States; 

15 ‘‘(ii) interference with a criminal, 

16 counterterrorism, or counterintelligence in17 vestigation; 

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

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

21 safety of any person. 

22 ‘‘(2) EXCEPTION.— 

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

24 communication service provider, or officer, em25 ployee, or agent thereof, that receives a request 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
14 

•HR 3969 IH

1 under subsection (a) may disclose information 

2 otherwise subject to any applicable nondisclo3 sure requirement to— 

4 ‘‘(i) those persons to whom disclosure 

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

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

8 legal advice or assistance regarding the re9 quest; or 

10 ‘‘(iii) other persons as permitted by 

11 the Director of the Federal Bureau of In12 vestigation or the designee of the Director. 

13 ‘‘(B) PERSONS NECESSARY FOR COMPLI14 ANCE.—Upon a request by the Director of the 

15 Federal Bureau of Investigation or the designee 

16 of the Director, those persons to whom disclo17 sure will be made under subparagraph (A)(i) or 

18 to whom such disclosure was made before the 

19 request shall be identified to the Director or the 

20 designee. 

21 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

22 person to whom disclosure is made under sub23 paragraph (A) shall be subject to the nondisclo24 sure requirements applicable to a person to 

25 whom a request is issued under subsection (a) 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
15 

•HR 3969 IH

1 in the same manner as the person to whom the 

2 request is issued. 

3 ‘‘(D) NOTICE.—Any recipient that dis4 closes to a person described in subparagraph 

5 (A) information otherwise subject to a non6 disclosure requirement shall inform the person 

7 of the applicable nondisclosure requirement. 

8 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

10 communications service provider that receives a 

11 request under subsection (a) shall have the 

12 right to judicial review of any applicable non13 disclosure requirement. 

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

15 subsection (a) shall— 

16 ‘‘(i) state that if the recipient wishes 

17 to have a court review a nondisclosure re18 quirement, the recipient shall provide no19 tice to the Government in accordance with 

20 section 3511(b)(1)(A); and 

21 ‘‘(ii) describe the procedures for pro22 viding such notice. 

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

24 recipient of a request under subsection (a) 

25 makes a notification under subparagraph (B), 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
16 

•HR 3969 IH

1 the Government shall initiate judicial review 

2 under the procedures established in section 

3 3511 of this title, unless an appropriate official 

4 of the Federal Bureau of the Investigation 

5 makes a notification under paragraph (4). 

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

7 for which a recipient has submitted a notification 

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

9 nondisclosure requirement cease to exist, an appro10 priate official of the Federal Bureau of Investigation 

11 shall promptly notify the wire or electronic service 

12 provider, or officer, employee, or agent thereof, sub13 ject to the nondisclosure requirement that the non14 disclosure requirement is no longer in effect.’’. 

15 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

16 CREDIT REPORTS.—Section 626 of the Fair Credit Re17 porting Act (15 U.S.C. 1681u) is amended by striking 

18 subsection (d) and inserting the following: 

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

20 ‘‘(1) PROHIBITION.— 

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

22 issued under subparagraph (B) and notice of 

23 the right to judicial review under paragraph (3) 

24 is provided, no consumer reporting agency, or 

25 officer, employee, or agent thereof, that receives 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
17 

•HR 3969 IH

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

2 (c), shall disclose or specify in any consumer re3 port, that the Federal Bureau of Investigation 

4 has sought or obtained access to information or 

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

6 ‘‘(B) CERTIFICATION.—The requirements 

7 of subparagraph (A) shall apply if the Director 

8 of the Federal Bureau of Investigation, or a 

9 designee of the Director whose rank shall be no 

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

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

13 prohibition of disclosure under this subsection, 

14 there may result— 

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

16 of the United States; 

17 ‘‘(ii) interference with a criminal, 

18 counterterrorism, or counterintelligence in19 vestigation; 

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

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

23 safety of any person. 

24 ‘‘(2) EXCEPTION.— 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
18 

•HR 3969 IH

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

2 agency, or officer, employee, or agent thereof, 

3 that receives a request or order under sub4 section (a), (b), or (c) may disclose information 

5 otherwise subject to any applicable nondisclo6 sure requirement to— 

7 ‘‘(i) those persons to whom disclosure 

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

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

11 legal advice or assistance regarding the re12 quest or order; or 

13 ‘‘(iii) other persons as permitted by 

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

16 ‘‘(B) PERSONS NECESSARY FOR COMPLI17 ANCE.—Upon a request by the Director of the 

18 Federal Bureau of Investigation or the designee 

19 of the Director, those persons to whom disclo20 sure will be made under subparagraph (A)(i) or 

21 to whom such disclosure was made before the 

22 request shall be identified to the Director or the 

23 designee. 

24 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

25 person to whom disclosure is made under subVerDate Nov 24 2008 08:19 Oct 30, 2009 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

CPrice-Sewell on DSKGBLS3C1PROD with BILLS
19 

•HR 3969 IH

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

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

5 the person to whom the request or order is 

6 issued. 

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

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

11 of the applicable nondisclosure requirement. 

12 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

14 agency that receives a request or order under 

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

16 to judicial review of any applicable nondisclo17 sure requirement. 

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

19 subsection (a), (b), or (c) shall— 

20 ‘‘(i) state that if the recipient wishes 

21 to have a court review a nondisclosure re22 quirement, the recipient shall provide no23 tice to the Government in accordance with 

24 section 3511(b)(1)(A) of title 18, United 

25 States Code; and 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
20 

•HR 3969 IH

1 ‘‘(ii) describe the procedures for pro2 viding such notice. 

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

4 recipient of a request or order under subsection 

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

7 judicial review under the procedures established 

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

9 unless an appropriate official of the Federal 

10 Bureau of Investigation makes a notification 

11 under paragraph (4). 

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

13 or order for which a consumer reporting agency has 

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

15 the facts supporting a nondisclosure requirement 

16 cease to exist, an appropriate official of the Federal 

17 Bureau of Investigation shall promptly notify the 

18 consumer reporting agency, or officer, employee, or 

19 agent thereof, subject to the nondisclosure require20 ment that the nondisclosure requirement is no longer 

21 in effect.’’. 

22 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

23 FOR COUNTERTERRORISM PURPOSES.—Section 627 of the 

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

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


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
21 

•HR 3969 IH

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

2 ‘‘(1) PROHIBITION.— 

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

4 issued under subparagraph (B) and notice of 

5 the right to judicial review under paragraph (3) 

6 is provided, no consumer reporting agency, or 

7 officer, employee, or agent thereof, that receives 

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

9 any person or specify in any consumer report, 

10 that a government agency has sought or ob11 tained access to information under subsection 

12 (a). 

13 ‘‘(B) CERTIFICATION.—The requirements 

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

15 a government agency authorized to conduct in16 vestigations of, or intelligence or counterintel17 ligence activities or analysis related to, inter18 national terrorism, or a designee, certifies that, 

19 absent a prohibition of disclosure under this 

20 subsection, there may result— 

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

22 of the United States; 

23 ‘‘(ii) interference with a criminal, 

24 counterterrorism, or counterintelligence in25 vestigation; 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
22 

•HR 3969 IH

1 ‘‘(iii) interference with diplomatic re2 lations; or 

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

4 safety of any person. 

5 ‘‘(2) EXCEPTION.— 

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

7 agency, or officer, employee, or agent thereof, 

8 that receives a request under subsection (a) 

9 may disclose information otherwise subject to 

10 any applicable nondisclosure requirement to— 

11 ‘‘(i) those persons to whom disclosure 

12 is necessary in order to comply with the re13 quest; 

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

15 legal advice or assistance regarding the re16 quest; or 

17 ‘‘(iii) other persons as permitted by 

18 the head of the government agency author19 ized to conduct investigations of, or intel20 ligence or counterintelligence activities or 

21 analysis related to, international terrorism, 

22 or a designee. 

23 ‘‘(B) PERSONS NECESSARY FOR COMPLI24 ANCE.—Upon a request by the head of a gov25 ernment agency authorized to conduct invesVerDate Nov 24 2008 08:19 Oct 30, 2009 Jkt 089200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

CPrice-Sewell on DSKGBLS3C1PROD with BILLS
23 

•HR 3969 IH

1 tigations of, or intelligence or counterintel2 ligence activities or analysis related to, inter3 national terrorism, or a designee, those persons 

4 to whom disclosure will be made under subpara5 graph (A)(i) or to whom such disclosure was 

6 made before the request shall be identified to 

7 the head of the government agency or the des8 ignee. 

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 consumer reporting 

23 agency that receives a request under subsection 

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

25 applicable nondisclosure requirement. 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
24 

•HR 3969 IH

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

2 subsection (a) shall— 

3 ‘‘(i) state that if the recipient wishes 

4 to have a court review a nondisclosure re5 quirement, the recipient shall provide no6 tice to the Government in accordance with 

7 section 3511(b)(1)(A) of title 18, United 

8 States Code; and 

9 ‘‘(ii) describe the procedures for pro10 viding such notice. 

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

12 recipient of a request under subsection (a) 

13 makes a notification under subparagraph (B), 

14 the government shall initiate judicial review 

15 under the procedures established in section 

16 3511 of title 18, United States Code, unless an 

17 appropriate official of the government agency 

18 authorized to conduct investigations of, or intel19 ligence or counterintelligence activities or anal20 ysis related to, international terrorism makes a 

21 notification under paragraph (4). 

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

23 for which a consumer reporting agency has sub24 mitted a notification under paragraph (3)(B), if the 

25 facts supporting a nondisclosure requirement cease 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
25 

•HR 3969 IH

1 to exist, an appropriate official of the government 

2 agency authorized to conduct investigations of, or in3 telligence or counterintelligence activities or analysis 

4 related to, international terrorism shall promptly no5 tify the consumer reporting agency, or officer, em6 ployee, or agent thereof, subject to the nondisclosure 

7 requirement that the nondisclosure requirement is 

8 no longer in effect.’’. 

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

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

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

12 inserting the following: 

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

14 ‘‘(i) PROHIBITION.— 

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

16 issued under subclause (II) and notice of the 

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

20 under subparagraph (A), shall disclose to any 

21 person that the Federal Bureau of Investigation 

22 has sought or obtained access to information or 

23 records under subparagraph (A). 

24 ‘‘(II) CERTIFICATION.—The requirements 

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


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
26 

•HR 3969 IH

1 the Federal Bureau of Investigation, or a des2 ignee of the Director whose rank shall be no 

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

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

6 prohibition of disclosure under this subpara7 graph, there may result— 

8 ‘‘(aa) a danger to the national secu9 rity of the United States; 

10 ‘‘(bb) interference with a criminal, 

11 counterterrorism, or counterintelligence in12 vestigation; 

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

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

16 safety of any person. 

17 ‘‘(ii) EXCEPTION.— 

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

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

21 disclose information otherwise subject to any 

22 applicable nondisclosure requirement to— 

23 ‘‘(aa) those persons to whom disclo24 sure is necessary in order to comply with 

25 the request; 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
27 

•HR 3969 IH

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

2 legal advice or assistance regarding the re3 quest; or 

4 ‘‘(cc) other persons as permitted by 

5 the Director of the Federal Bureau of In6 vestigation or the designee of the Director. 

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

9 Federal Bureau of Investigation or the designee 

10 of the Director, those persons to whom disclo11 sure will be made under subclause (I)(aa) or to 

12 whom such disclosure was made before the re13 quest shall be identified to the Director or the 

14 designee. 

15 ‘‘(III) NONDISCLOSURE REQUIREMENT.— 

16 A person to whom disclosure is made under 

17 subclause (I) shall be subject to the nondisclo18 sure requirements applicable to a person to 

19 whom a request is issued under subparagraph 

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

21 the request is issued. 

22 ‘‘(IV) NOTICE.—Any recipient that dis23 closes to a person described in subclause (I) in24 formation otherwise subject to a nondisclosure 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
28 

•HR 3969 IH

1 requirement shall inform the person of the ap2 plicable nondisclosure requirement. 

3 ‘‘(iii) RIGHT TO JUDICIAL REVIEW.— 

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

5 that receives a request under subparagraph (A) 

6 shall have the right to judicial review of any ap7 plicable nondisclosure requirement. 

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

9 subparagraph (A) shall— 

10 ‘‘(aa) state that if the recipient wishes 

11 to have a court review a nondisclosure re12 quirement, the recipient shall provide no13 tice to the Government in accordance with 

14 section 3511(b)(1)(A) of title 18, United 

15 States Code; and 

16 ‘‘(bb) describe the procedures for pro17 viding such notice. 

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

19 recipient of a request under subparagraph (A) 

20 makes a notification under subclause (II), the 

21 Government shall initiate judicial review under 

22 the procedures established in section 3511 of 

23 title 18, United States Code, unless an appro24 priate official of the Federal Bureau of Inves25 tigation makes a notification under clause (iv). 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
29 

•HR 3969 IH

1 ‘‘(iv) TERMINATION.—In the case of any re2 quest for which a financial institution has submitted 

3 a notification under clause (iii)(II), if the facts sup4 porting a nondisclosure requirement cease to exist, 

5 an appropriate official of the Federal Bureau of In6 vestigation shall promptly notify the financial insti7 tution, or officer, employee, or agent thereof, subject 

8 to the nondisclosure requirement that the nondisclo9 sure requirement is no longer in effect.’’. 

10 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

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

12 1947 (50 U.S.C. 436), is amended by striking subsection 

13 (b) and inserting the following: 

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

15 ‘‘(1) PROHIBITION.— 

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

17 issued under subparagraph (B) and notice of 

18 the right to judicial review under paragraph (3) 

19 is provided, no governmental or private entity, 

20 or officer, employee, or agent thereof, that re21 ceives a request under subsection (a), shall dis22 close to any person that an authorized inves23 tigative agency described in subsection (a) has 

24 sought or obtained access to information under 

25 subsection (a). 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
30 

•HR 3969 IH

1 ‘‘(B) CERTIFICATION.—The requirements 

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

3 an authorized investigative agency described in 

4 subsection (a), or a designee, certifies that, ab5 sent a prohibition of disclosure under this sub6 section, there may result— 

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

8 of the United States; 

9 ‘‘(ii) interference with a criminal, 

10 counterterrorism, or counterintelligence in11 vestigation; 

12 ‘‘(iii) interference with diplomatic re13 lations; or 

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

15 safety of any person. 

16 ‘‘(2) EXCEPTION.— 

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

18 private entity, or officer, employee, or agent 

19 thereof, that receives a request under sub20 section (a) may disclose information otherwise 

21 subject to any applicable nondisclosure require22 ment to— 

23 ‘‘(i) those persons to whom disclosure 

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


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
31 

•HR 3969 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 nonVerDate Nov 24 2008 08:19 Oct 30, 2009 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

CPrice-Sewell on DSKGBLS3C1PROD with BILLS
32 

•HR 3969 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— 

11 ‘‘(i) state that if the recipient wishes 

12 to have a court review a nondisclosure re13 quirement, the recipient shall provide no14 tice to the Government in accordance with 

15 section 3511(b)(1)(A) of title 18, United 

16 States Code; and 

17 ‘‘(ii) describe the procedures for pro18 viding such notice. 

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

20 recipient of a request under subsection (a) 

21 makes a notification under subparagraph (B), 

22 the Government shall initiate judicial review 

23 under the procedures established in section 

24 3511 of title 18, United States Code, unless an 

25 appropriate official of the authorized investigaVerDate Nov 24 2008 08:19 Oct 30, 2009 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

CPrice-Sewell on DSKGBLS3C1PROD with BILLS
33 

•HR 3969 IH

1 tive agency described in subsection (a) makes a 

2 notification under paragraph (4). 

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

4 for which a governmental or private entity has sub5 mitted a notification under paragraph (3)(B), if the 

6 facts supporting a nondisclosure requirement cease 

7 to exist, an appropriate official of the authorized in8 vestigative agency described in subsection (a) shall 

9 promptly notify the governmental or private entity, 

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

11 nondisclosure requirement that the nondisclosure re12 quirement is no longer in effect.’’. 

13 SEC. 6. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL 

14 AND TRANSACTIONAL RECORDS. 

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

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

17 (1) by redesignating subsections (c), (d), (e), 

18 and (f) as subsections (d), (e), (f), and (g), respec19 tively; and 

20 (2) by inserting after subsection (b) the fol21 lowing: 

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

23 Federal Bureau of Investigation, or a designee in a posi24 tion not lower than Deputy Assistant Director at Bureau 

25 headquarters or a Special Agent in Charge in a Bureau 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
34 

•HR 3969 IH

1 field office designated by the Director, may make a certifi2 cation under subsection (b) only upon a written statement, 

3 which shall be retained by the Federal Bureau of Inves4 tigation, of specific facts showing that there are reason5 able grounds to believe that the information sought is rel6 evant to the authorized investigation described in sub7 section (b).’’. 

8 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

9 CREDIT REPORTS.—Section 626 of the Fair Credit Re10 porting Act (15 U.S.C. 1681u), as amended by this Act, 

11 is amended— 

12 (1) by redesignating subsections (d) through 

13 (m) as subsections (e) through (n), respectively; and 

14 (2) by inserting after subsection (c) the fol15 lowing: 

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

17 Federal Bureau of Investigation, or a designee in a posi18 tion not lower than Deputy Assistant Director at Bureau 

19 headquarters or a Special Agent in Charge in a Bureau 

20 field office designated by the Director, may make a certifi21 cation under subsection (a) or (b) only upon a written 

22 statement, which shall be retained by the Federal Bureau 

23 of Investigation, of specific facts showing that there are 

24 reasonable grounds to believe that the information sought 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
35 

•HR 3969 IH

1 is relevant to the authorized investigation described in 

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

3 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

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

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

6 amended— 

7 (1) in the subsection heading, by striking 

8 ‘‘FORM OF CERTIFICATION’’ and inserting ‘‘CER9 TIFICATION’’; 

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

11 the following: 

12 ‘‘(1) FORM OF CERTIFICATION.—The certifi13 cation’’; and 

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

15 ‘‘(2) WRITTEN STATEMENT.—A supervisory of16 ficial or officer described in paragraph (1) may 

17 make a certification under subsection (a) only upon 

18 a written statement, which shall be retained by the 

19 government agency, of specific facts showing that 

20 there are reasonable grounds to believe that the in21 formation sought is relevant to the authorized inves22 tigation described in subsection (a).’’. 

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

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

25 3414(a)(5)), as amended by this Act, is amended— 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
36 

•HR 3969 IH

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

2 and (D) as subparagraphs (C), (D), and (E), respec3 tively; and 

4 (2) by inserting after subparagraph (A) the fol5 lowing: 

6 ‘‘(B) The Director of the Federal Bureau of Inves7 tigation, or a designee in a position not lower than Deputy 

8 Assistant Director at Bureau headquarters or a Special 

9 Agent in Charge in a Bureau field office designated by 

10 the Director, may make a certification under subpara11 graph (A) only upon a written statement, which shall be 

12 retained by the Federal Bureau of Investigation, of spe13 cific facts showing that there are reasonable grounds to 

14 believe that the information sought is relevant to the au15 thorized investigation described in subparagraph (A).’’. 

16 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

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

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

19 end the following: 

20 ‘‘(4) A department or agency head, deputy depart21 ment or agency head, or senior official described in para22 graph (3)(A) may make a certification under paragraph 

23 (3)(A) only upon a written statement, which shall be re24 tained by the authorized investigative agency, of specific 

25 facts showing that there are reasonable grounds to believe 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
37 

•HR 3969 IH

1 that the information sought is relevant to the authorized 

2 inquiry or investigation described in paragraph 

3 (3)(A)(ii).’’. 

4 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

5 (1) OBSTRUCTION OF CRIMINAL INVESTIGA6 TIONS.—Section 1510(e) of title 18, United States 

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

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

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

10 1681v(c)(1)), section 1114(a)(3)(A) or 

11 1114(a)(5)(D)(i) of the Right to Financial Privacy 

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

13 3414(a)(5)(D)(i)),’’ and inserting ‘‘section 

14 2709(d)(1) of this title, section 626(e)(1) or 

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

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

17 1114(a)(3)(A) or 1114(a)(5)(E)(i) of the Right to 

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

19 3414(a)(3)(A) and 3414(a)(5)(E)(i)),’’. 

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

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

22 415b(b)) is amended— 

23 (A) in paragraph (4), by striking ‘‘section 

24 624(h)(2) of the Fair Credit Reporting Act (15 

25 U.S.C. 1681u(h)(2))’’ and inserting ‘‘section 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
38 

•HR 3969 IH

1 626(i)(2) of the Fair Credit Reporting Act (15 

2 U.S.C. 1681u(i)(2))’’; and 

3 (B) in paragraph (5), by striking ‘‘section 

4 1114(a)(5)(C) of the Right to Financial Privacy 

5 Act of 1978 (12 U.S.C. 3414(a)(5)(C))’’ and 

6 inserting ‘‘section 1114(a)(5)(D) of the Right 

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

8 3414(a)(5)(D))’’. 

9 SEC. 7. ADDITIONAL RULES RELATING TO NATIONAL SECU10 RITY LETTERS. 

11 (a) AUDIT OF USE OF NATIONAL SECURITY LET12 TERS.—Section 119 of the USA PATRIOT Improvement 

13 and Reauthorization Act of 2005 is amended— 

14 (1) in subsection (b)(1), by striking ‘‘2003 

15 through 2006’’ and inserting ‘‘2007 through 2013’’; 

16 (2) in subsection (b)(3)(E), by striking ‘‘fol17 lowing the date of the enactment of this Act’’ and 

18 inserting ‘‘after 2006’’; 

19 (3) in subsection (c)(1)— 

20 (A) by striking ‘‘Not later than one year 

21 after the date of the enactment of this Act, or 

22 upon completion of the audit under this section 

23 for calendar years 2003 and 2004, whichever is 

24 earlier’’ and inserting ‘‘Not later than Decem25 ber 31, 2010’’; and 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
39 

•HR 3969 IH

1 (B) by striking ‘‘conducted under this sub2 section for calendar years 2003 and 2004’’ and 

3 inserting ‘‘conducted under this section for cal4 endar years 2007 through 2009’’; 

5 (4) in subsection (c)(2)— 

6 (A) by striking ‘‘2005’’ each place it ap7 pears (including in the subsection heading) and 

8 inserting ‘‘2010’’; 

9 (B) by striking ‘‘2006’’ each place it ap10 pears (including in the subsection heading) and 

11 inserting ‘‘2011’’; and 

12 (C) by striking ‘‘2007’’ and inserting 

13 ‘‘2012’’; and 

14 (5) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) CALENDAR YEARS 2012 AND 2013.—Not 

17 later than December 31, 2014, or upon completion 

18 of the audit under this subsection for calendar years 

19 2012 and 2013, whichever is earlier, the Inspector 

20 General of the Department of Justice shall submit 

21 to the Committee on the Judiciary and the Perma22 nent Select Committee on Intelligence of the House 

23 of Representatives and the Committee on the Judici24 ary and the Select Committee on Intelligence of the 

25 Senate a report containing the results of the audit 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
40 

•HR 3969 IH

1 conducted under the subsection for calendar years 

2 2012 and 2013.’’. 

3 (b) PROCEDURES REGARDING INFORMATION OB4 TAINED THROUGH NATIONAL SECURITY LETTERS.— 

5 (1) IN GENERAL.—Not later than 90 days after 

6 the date of the enactment of this Act, the Attorney 

7 General shall— 

8 (A) establish procedures for the collection, 

9 use, and storage of information obtained in re10 sponse to a national security letter; and 

11 (B) submit to the appropriate congres12 sional committees the procedures established 

13 under subparagraph (A). 

14 (2) REVISIONS TO PROCEDURES.—The Attor15 ney General shall notify the appropriate congres16 sional committees of any significant changes to the 

17 procedures established under paragraph (1)(A). 

18 (3) DEFINITIONS.—In this subsection: 

19 (A) APPROPRIATE CONGRESSIONAL COM20 MITTEES.—The term ‘‘appropriate congres21 sional committees’’ means— 

22 (i) the Permanent Select Committee 

23 on Intelligence and the Committee on the 

24 Judiciary of the House of Representatives; 

25 and 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
41 

•HR 3969 IH

1 (ii) the Select Committee on Intel2 ligence and the Committee on the Judici3 ary of the Senate. 

4 (B) NATIONAL SECURITY LETTER.—the 

5 term ‘‘national security letter’’ means a request 

6 for information issued under section 2709 of 

7 title 18, United States Code, section 1114(a)(5) 

8 of the Right to Financial Privacy Act of 1978 

9 (12 U.S.C. 3414(5)), subsection (a) or (b) of 

10 section 626 of the Fair Credit Reporting Act 

11 (15 U.S.C. 1681u), or section 627 of the Fair 

12 Credit Reporting Act (15 U.S.C. 1681v). 

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

14 POWERS. 

15 Section 104 of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1804) is amended by adding at 

17 the end the following new subsection: 

18 ‘‘(e) REQUIREMENTS FOR APPLICATIONS FOR INDI19 VIDUAL TERRORISTS.— 

20 ‘‘(1) DELEGATION.—The Attorney General may 

21 only delegate the authority to approve an application 

22 under subsection (a) for an order approving elec23 tronic surveillance of an agent of a foreign power, as 

24 defined in section 101(b)(1)(C), to the Deputy AtVerDate Nov 24 2008 08:19 Oct 30, 2009 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

CPrice-Sewell on DSKGBLS3C1PROD with BILLS
42 

•HR 3969 IH

1 torney General or the Assistant Attorney General for 

2 National Security. 

3 ‘‘(2) NOTICE TO CONGRESS.—Not later than 

4 seven days after an application for an order approv5 ing electronic surveillance of an agent of a foreign 

6 power, as defined in section 101(b)(1)(C), is made 

7 under subsection (a), the Attorney General shall 

8 submit to the Permanent Select Committee on Intel9 ligence and the Committee on the Judiciary of the 

10 House of Representatives and the Select Committee 

11 on Intelligence and the Committee on the Judiciary 

12 of the Senate notice of such application.’’. 

13 SEC. 9. ORDERS FOR PEN REGISTERS AND TRAP AND 

14 TRACE DEVICES FOR FOREIGN INTEL15 LIGENCE PURPOSES. 

16 (a) APPLICATION.—Section 402(c) of the Foreign In17 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 

18 is amended— 

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

20 end; 

21 (2) in paragraph (2)— 

22 (A) by striking ‘‘a certification by the ap23 plicant’’ and inserting ‘‘a statement of the facts 

24 and circumstances relied upon by the applicant 

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


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
43 

•HR 3969 IH

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

2 inserting ‘‘; and’’; and 

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

4 ‘‘(3) a statement of whether minimization pro5 cedures are being proposed and, if so, a statement 

6 of the proposed minimization procedures.’’. 

7 (b) MINIMIZATION.— 

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

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

10 1841) is amended by adding at the end the fol11 lowing: 

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

13 means— 

14 ‘‘(A) specific procedures, that are reason15 ably designed in light of the purpose and tech16 nique of an order for the installation and use 

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

18 minimize the retention, and prohibit the dis19 semination, of nonpublicly available information 

20 known to concern unconsenting United States 

21 persons consistent with the need of the United 

22 States to obtain, produce, and disseminate for23 eign intelligence information; 

24 ‘‘(B) procedures that require that nonpub25 licly available information, which is not foreign 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
44 

•HR 3969 IH

1 intelligence information, as defined in section 

2 101(e)(1), shall not be disseminated in a man3 ner that identifies any United States person, 

4 without such person’s consent, unless such per5 son’s identity is necessary to understand foreign 

6 intelligence information or assess its impor7 tance; and 

8 ‘‘(C) notwithstanding subparagraphs (A) 

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

10 and dissemination of information that is evi11 dence of a crime which has been, is being, or 

12 is about to be committed and that is to be re13 tained or disseminated for law enforcement pur14 poses.’’. 

15 (2) PEN REGISTERS AND TRAP AND TRACE DE16 VICES.—Section 402 of the Foreign Intelligence Sur17 veillance Act of 1978 (50 U.S.C. 1842) is amend18 ed— 

19 (A) in subsection (d)— 

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

21 and if, in exceptional circumstances, mini22 mization procedures are ordered, that the 

23 proposed minimization procedures meet the 

24 definition of minimization procedures 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
45 

•HR 3969 IH

1 under this title’’ before the period at the 

2 end; and 

3 (ii) in paragraph (2)(B)— 

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

5 ‘‘and’’ after the semicolon; and 

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

8 ‘‘(iv) if applicable, the minimization 

9 procedures be followed; and’’; and 

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

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

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

13 and trace device is approved under an order or an exten14 sion under this section, the judge may assess compliance 

15 with any applicable minimization procedures by reviewing 

16 the circumstances under which information concerning 

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

18 (3) EMERGENCIES.—Section 403 of the For19 eign Intelligence Surveillance Act of 1978 (50 

20 U.S.C. 1843) is amended— 

21 (A) by redesignating subsection (c) as sub22 section (d); and 

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

24 following: 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
46 

•HR 3969 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 inserting ‘‘or 

9 minimization procedures required under this title, if 

10 ordered or determined appropriate by the Attorney 

11 General under section 403(c)’’ after ‘‘provisions of 

12 this section’’. 

13 (c) AUDITS.— 

14 (1) IN GENERAL.—The Inspector General of 

15 the Department of Justice shall perform comprehen16 sive audits of the effectiveness and use, including 

17 any improper or illegal use, of pen registers and trap 

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

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

21 2007, and ending on December 31, 2013. 

22 (2) REQUIREMENTS.—The audits required 

23 under paragraph (1) shall include— 

24 (A) an examination of the use of pen reg25 isters and trap and trace devices under title IV 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
47 

•HR 3969 IH

1 of the Foreign Intelligence Surveillance Act of 

2 1978 for calendar years 2007 through 2013; 

3 (B) an examination of the installation and 

4 use of a pen register or trap and trace device 

5 on emergency bases under section 403 of the 

6 Foreign Intelligence Surveillance Act of 1978 

7 (50 U.S.C. 1843); 

8 (C) any noteworthy facts or circumstances 

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

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

12 improper or illegal use of the authority provided 

13 under that title; and 

14 (D) an examination of the effectiveness of 

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

18 (i) the importance of the information 

19 acquired to the intelligence activities of the 

20 Federal Bureau of Investigation or any 

21 other department or agency of the Federal 

22 Government; 

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

25 disseminated by the Federal Bureau of InVerDate Nov 24 2008 08:19 Oct 30, 2009 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3969.IH H3969

CPrice-Sewell on DSKGBLS3C1PROD with BILLS
48 

•HR 3969 IH

1 vestigation, including any direct access to 

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

4 Federal, State, local, or tribal governments 

5 or any private sector entity; 

6 (iii) with respect to calendar years 

7 2010 through 2013, an examination of the 

8 minimization procedures used in relation to 

9 pen registers and trap and trace devices 

10 under title IV of the Foreign Intelligence 

11 Surveillance Act of 1978 and whether the 

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

14 (as defined in section 101 of the Foreign 

15 Intelligence Surveillance Act of 1978 (50 

16 U.S.C. 1801)); 

17 (iv) whether, and how often, the Fed18 eral Bureau of Investigation used informa19 tion acquired under a pen register or trap 

20 and trace device under title IV of the For21 eign Intelligence Surveillance Act of 1978 

22 to produce an analytical intelligence prod23 uct for distribution within the Federal Bu24 reau of Investigation, to the intelligence 

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


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
49 

•HR 3969 IH

1 the National Security Act of 1947 (50 

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

3 State, local, or tribal government depart4 ments, agencies, or instrumentalities; and 

5 (v) whether, and how often, the Fed6 eral Bureau of Investigation provided in7 formation acquired under a pen register or 

8 trap and trace device under title IV of the 

9 Foreign Intelligence Surveillance Act of 

10 1978 to law enforcement authorities for 

11 use in criminal proceedings. 

12 (3) SUBMISSION DATES.— 

13 (A) PRIOR YEARS.—Not later than Decem14 ber 31, 2010, the Inspector General of the De15 partment of Justice shall submit to the Com16 mittee on the Judiciary and the Select Com17 mittee on Intelligence of the Senate and the 

18 Committee on the Judiciary and the Permanent 

19 Select Committee on Intelligence of the House 

20 of Representatives a report containing the re21 sults of the audit conducted under this section 

22 for calendar years 2007 through 2009. 

23 (B) CALENDAR YEARS 2010 AND 2011.— 

24 Not later than December 31, 2012, the Inspec25 tor General of the Department of Justice shall 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
50 

•HR 3969 IH

1 submit to the Committee on the Judiciary and 

2 the Select Committee on Intelligence of the 

3 Senate and the Committee on the Judiciary and 

4 the Permanent Select Committee on Intelligence 

5 of the House of Representatives a report con6 taining the results of the audit conducted under 

7 this section for calendar years 2010 and 2011. 

8 (C) CALENDAR YEARS 2012 AND 2013.—Not 

9 later than December 31, 2014, the Inspector 

10 General of the Department of Justice shall sub11 mit to the Committee on the Judiciary and the 

12 Select Committee on Intelligence of the Senate 

13 and the Committee on the Judiciary and the 

14 Permanent Select Committee on Intelligence of 

15 the House of Representatives a report con16 taining the results of the audit conducted under 

17 this section for calendar years 2010 and 2011. 

18 (4) PRIOR NOTICE TO ATTORNEY GENERAL AND

19 DIRECTOR OF NATIONAL INTELLIGENCE; COM20 MENTS.— 

21 (A) NOTICE.—Not less than 30 days be22 fore the submission of a report under subpara23 graph (A), (B), or (C) of paragraph (3), the In24 spector General of the Department of Justice 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS
51 

•HR 3969 IH

1 shall provide the report to the Attorney General 

2 and the Director of National Intelligence. 

3 (B) COMMENTS.—The Attorney General or 

4 the Director of National Intelligence may pro5 vide such comments to be included in a report 

6 submitted under subparagraph (A), (B), or (C) 

7 of paragraph (3) as the Attorney General or the 

8 Director of National Intelligence may consider 

9 necessary. 

10 (5) UNCLASSIFIED FORM.—A report submitted 

11 under subparagraph (A), (B), or (C) of paragraph 

12 (3) and any comments included under paragraph 

13 (4)(B) shall be in unclassified form, but may include 

14 a classified annex. 

Æ 


CPrice-Sewell on DSKGBLS3C1PROD with BILLS