II 

Calendar No. 8 

112TH CONGRESS 

1ST SESSION S. 290 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2011 

Mr. LEAHY introduced the following bill; which was read the first time 

FEBRUARY 4, 2011 

Read the second time and placed on the calendar 

A BILL 

To extend the sunset of certain provisions of the USA 

PATRIOT Act, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Sunset Extension Act of 2011’’. 

6 SEC. 2. SUNSETS. 

7 (a) SECTIONS 206 AND 215 SUNSET.— 


jlentini on DSKJ8SOYB1PROD with BILLS
2 

•S 290 PCS

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

2 USA PATRIOT Improvement and Reauthorization 

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

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

5 note) is amended by striking ‘‘February, 28, 2011’’ 

6 and inserting ‘‘ December 31, 2013’’. 

7 (2) CONFORMING AMENDMENTS.— 

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

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

11 Act, is amended— 

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

13 section, by striking the items relating to 

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

15 inserting the following: 

‘‘TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS FOR 

FOREIGN INTELLIGENCE PURPOSES 

‘‘Sec. 501. Definitions. 

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

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

17 seq.)— 

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

20 THINGS’’; and 

21 (II) by striking section 503; and 


jlentini on DSKJ8SOYB1PROD with BILLS
3 

•S 290 PCS

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

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

4 under section 501 pursuant to section 

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

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

8 note);’’. 

9 (B) APPLICATION UNDER SECTION 404 OF

10 THE FISA AMENDMENTS ACT OF 2008.—Section 

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

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

13 amended by striking the period at the end and 

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

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

16 as follows: 

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

18 or under section 501 pursuant to section 

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

20 and Reauthorization Act of 2005 (Public Law 

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

22 (C) EFFECTIVE DATE.—The amendments 

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


jlentini on DSKJ8SOYB1PROD with BILLS
4 

•S 290 PCS

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

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

4 of the Intelligence Reform and Terrorism Prevention 

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

6 note) is amended to read as follows: 

7 ‘‘(b) SUNSET.— 

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

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

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

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

12 2013. 

13 ‘‘(2) TRANSITION PROVISION.—Notwithstanding 

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

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

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

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

22 (2) CONFORMING AMENDMENT.— 

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

24 the Foreign Intelligence Surveillance Act of 

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


jlentini on DSKJ8SOYB1PROD with BILLS
5 

•S 290 PCS

1 striking the semicolon at the end and inserting 

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

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

5 U.S.C. 1801 note);’’. 

6 (B) EFFECTIVE DATE.—The amendment 

7 made by subparagraph (A) shall take effect on 

8 December 31, 2013. 

9 (c) NATIONAL SECURITY LETTERS.— 

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

11 2013— 

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

13 Code, is amended to read as such provision 

14 read on October 25, 2001; 

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

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

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

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

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

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

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

25 Federal Bureau of Investigation for counterVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
6 

•S 290 PCS

1 intelligence purposes), as added by section 601 

2 of the Intelligence Authorization Act for Fiscal 

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

4 974), read on October 25, 2001; 

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

7 (E) section 802 of the National Security 

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

9 read as such provision read on October 25, 

10 2001. 

11 (2) TRANSITION PROVISION.—Notwithstanding 

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

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

14 shall continue to apply on and after December 31, 

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

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

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

22 Code, is amended— 

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

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

25 and 


jlentini on DSKJ8SOYB1PROD with BILLS
7 

•S 290 PCS

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

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

5 and inserting ‘‘section 626 of the Fair 

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

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

8 Improvement and Reauthorization Act of 2005 

9 (18 U.S.C. 3511 note) is amended— 

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

11 ‘‘and’’ at the end; 

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

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

14 (iii) by striking subparagraph (E); 

15 and 

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

18 amended by striking the item relating to section 

19 627. 

20 SEC. 3. ORDERS FOR ACCESS TO CERTAIN BUSINESS 

21 RECORDS AND TANGIBLE THINGS. 

22 (a) IN GENERAL.—Section 501 of the Foreign Intel23 ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

24 amended— 


jlentini on DSKJ8SOYB1PROD with BILLS
8 

•S 290 PCS

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

2 OTHER TANGIBLE THINGS’’ after ‘‘CERTAIN

3 BUSINESS RECORDS’’; 

4 (2) in subsection (b)(2)— 

5 (A) in subparagraph (A)— 

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

7 showing’’ and inserting ‘‘a statement of 

8 the facts and circumstances relied upon by 

9 the applicant to justify the belief of the ap10 plicant’’; and 

11 (ii) by striking ‘‘clandestine intel12 ligence activities,’’ and all that follows and 

13 inserting ‘‘clandestine intelligence activi14 ties;’’; and 

15 (B) by striking subparagraph (B) and in16 serting the following: 

17 ‘‘(B) if the records sought are the circula18 tion records or patron lists of a library (as de19 fined in section 213(1) of the Library Services 

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

21 statement of facts showing that there are rea22 sonable grounds to believe that the records 

23 sought— 

24 ‘‘(i) are relevant to an authorized in25 vestigation (other than a threat assessVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
9 

•S 290 PCS

1 ment) conducted in accordance with sub2 section (a)(2) to obtain foreign intelligence 

3 information not concerning a United 

4 States person or to protect against inter5 national terrorism or clandestine intel6 ligence activities; and 

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

8 an agent of a foreign power; 

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

10 a suspected agent of a foreign power who 

11 is the subject of such authorized investiga12 tion; or 

13 ‘‘(III) pertain to an individual in con14 tact with, or known to, a suspected agent 

15 of a foreign power; and 

16 ‘‘(C) a statement of proposed minimization 

17 procedures.’’; and 

18 (3) in subsection (c)(1)— 

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

20 minimization procedures meet the definition of 

21 minimization procedures under subsection (g)’’ 

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

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

24 minimization procedures be followed’’ after ‘‘re25 lease of tangible things’’; and 


jlentini on DSKJ8SOYB1PROD with BILLS
10 

•S 290 PCS

1 (C) by striking the second sentence. 

2 (b) TRANSITION PROCEDURES.—Notwithstanding 

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

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

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

6 the effective date of the amendments made by this section 

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

8 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

9 (1) DEFINITIONS.—Title V of the Foreign In10 telligence Surveillance Act of 1978 (50 U.S.C. 1861 

11 et seq.) is amended by adding at the end the fol12 lowing: 

13 ‘‘SEC. 503. DEFINITIONS. 

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

15 intelligence information’, ‘international terrorism’, ‘per16 son’, ‘United States’, and ‘United States person’ have the 

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

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

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

20 1861 et seq.) is amended in the title heading by in21 serting ‘‘AND OTHER TANGIBLE THINGS’’ 

22 after ‘‘CERTAIN BUSINESS RECORDS’’. 

23 (3) TABLE OF CONTENTS.—The table of con24 tents in the first section of the Foreign Intelligence 


jlentini on DSKJ8SOYB1PROD with BILLS
11 

•S 290 PCS

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

2 is amended— 

3 (A) by striking the items relating to title 

4 V and section 501 and inserting the following: 

‘‘TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS AND OTHER 

TANGIBLE THINGS FOR FOREIGN INTELLIGENCE PURPOSES 

‘‘Sec. 501. Access to certain business records and other tangible things for foreign intelligence purposes and international terrorism investigations.’’; and 

5 (B) by inserting after the item relating to 

6 section 502 the following: 

‘‘Sec. 503. Definitions.’’. 

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

8 TRACE DEVICES FOR FOREIGN INTEL9 LIGENCE PURPOSES. 

10 (a) APPLICATION.—Section 402(c) of the Foreign In11 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 

12 is amended— 

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

14 end; 

15 (2) in paragraph (2)— 

16 (A) by striking ‘‘a certification by the ap17 plicant’’ and inserting ‘‘a statement of the facts 

18 and circumstances relied upon by the applicant 

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

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

21 inserting ‘‘; and’’; and 

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


jlentini on DSKJ8SOYB1PROD with BILLS
12 

•S 290 PCS

1 ‘‘(3) a statement of whether minimization pro2 cedures are being proposed and, if so, a statement 

3 of the proposed minimization procedures.’’. 

4 (b) MINIMIZATION.— 

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

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

7 1841) is amended by adding at the end the fol8 lowing: 

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

10 means— 

11 ‘‘(A) specific procedures, that are reason12 ably designed in light of the purpose and tech13 nique of an order for the installation and use 

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

15 minimize the retention, and prohibit the dis16 semination, of nonpublicly available information 

17 known to concern unconsenting United States 

18 persons consistent with the need of the United 

19 States to obtain, produce, and disseminate for20 eign intelligence information; 

21 ‘‘(B) procedures that require that nonpub22 licly available information, which is not foreign 

23 intelligence information shall not be dissemi24 nated in a manner that identifies any United 

25 States person, without such person’s consent, 


jlentini on DSKJ8SOYB1PROD with BILLS
13 

•S 290 PCS

1 unless such person’s identity is necessary to un2 derstand foreign intelligence information or as3 sess its importance; and 

4 ‘‘(C) notwithstanding subparagraphs (A) 

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

6 and dissemination of information that is evi7 dence of a crime which has been, is being, or 

8 is about to be committed and that is to be re9 tained or disseminated for law enforcement pur10 poses.’’. 

11 (2) PEN REGISTERS AND TRAP AND TRACE DE12 VICES.—Section 402 of the Foreign Intelligence Sur13 veillance Act of 1978 (50 U.S.C. 1842) is amend14 ed— 

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

16 judge finds’’ and all that follows and inserting 

17 the following: ‘‘the judge finds— 

18 ‘‘(A) that the application satisfies the require19 ments of this section; and 

20 ‘‘(B) that, if there are exceptional cir21 cumstances justifying the use of minimization proce22 dures in a particular case, the proposed minimiza23 tion procedures meet the definition of minimization 

24 procedures under this title.’’; and 

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


jlentini on DSKJ8SOYB1PROD with BILLS
14 

•S 290 PCS

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

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

3 and trace device is approved under an order or an exten4 sion under this section, the judge may assess compliance 

5 with any applicable minimization procedures by reviewing 

6 the circumstances under which information concerning 

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

8 (3) EMERGENCIES.—Section 403 of the For9 eign Intelligence Surveillance Act of 1978 (50 

10 U.S.C. 1843) is amended— 

11 (A) by redesignating subsection (c) as sub12 section (d); and 

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

14 following: 

15 ‘‘(c) If the Attorney General authorizes the emer16 gency installation and use of a pen register or trap and 

17 trace device under this section, the Attorney General shall 

18 require that minimization procedures be followed, if appro19 priate.’’. 

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

21 of the Foreign Intelligence Surveillance Act of 1978 

22 (50 U.S.C. 1845(a)(1)) is amended by striking ‘‘pro23 visions of this section’’ and inserting ‘‘minimization 

24 procedures required under this title’’. 

25 (c) TRANSITION PROCEDURES.— 


jlentini on DSKJ8SOYB1PROD with BILLS
15 

•S 290 PCS

1 (1) ORDERS IN EFFECT.—Notwithstanding the 

2 amendments made by this Act, an order entered 

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

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

5 that is in effect on the effective date of the amend6 ments made by this section shall remain in effect 

7 until the expiration of the order. 

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

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

10 subject to the requirements of the Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 

12 seq.), as amended by this Act. 

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

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

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

17 inserting the following: 

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

19 ‘‘(1) PROHIBITION.— 

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

21 issued under subparagraph (B) and notice of 

22 the right to judicial review under paragraph (3) 

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

25 agent thereof, that receives a request under 


jlentini on DSKJ8SOYB1PROD with BILLS
16 

•S 290 PCS

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

2 the Director of the Federal Bureau of Inves3 tigation has sought or obtained access to infor4 mation or records under this section. 

5 ‘‘(B) CERTIFICATION.—The requirements 

6 of subparagraph (A) shall apply if the Director 

7 of the Federal Bureau of Investigation, or a 

8 designee of the Director whose rank shall be no 

9 lower than Deputy Assistant Director at Bu10 reau headquarters or a Special Agent in Charge 

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

12 prohibition of disclosure under this subsection, 

13 there may result— 

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

15 of the United States; 

16 ‘‘(ii) interference with a criminal, 

17 counterterrorism, or counterintelligence in18 vestigation; 

19 ‘‘(iii) interference with diplomatic re20 lations; or 

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

22 safety of any person. 

23 ‘‘(2) EXCEPTION.— 

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

25 communication service provider, or officer, emVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
17 

•S 290 PCS

1 ployee, or agent thereof, that receives a request 

2 under subsection (a) may disclose information 

3 otherwise subject to any applicable nondisclo4 sure requirement to— 

5 ‘‘(i) those persons to whom disclosure 

6 is necessary in order to comply with the re7 quest; 

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

9 legal advice or assistance regarding the re10 quest; or 

11 ‘‘(iii) other persons as permitted by 

12 the Director of the Federal Bureau of In13 vestigation or the designee of the Director. 

14 ‘‘(B) PERSONS NECESSARY FOR COMPLI15 ANCE.—Upon a request by the Director of the 

16 Federal Bureau of Investigation or the designee 

17 of the Director, those persons to whom disclo18 sure will be made under subparagraph (A)(i) or 

19 to whom such disclosure was made before the 

20 request shall be identified to the Director or the 

21 designee. 

22 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

23 person to whom disclosure is made under sub24 paragraph (A) shall be subject to the nondisclo25 sure requirements applicable to a person to 


jlentini on DSKJ8SOYB1PROD with BILLS
18 

•S 290 PCS

1 whom a request is issued under subsection (a) 

2 in the same manner as the person to whom the 

3 request is issued. 

4 ‘‘(D) NOTICE.—Any recipient that dis5 closes to a person described in subparagraph 

6 (A) information otherwise subject to a non7 disclosure requirement shall inform the person 

8 of the applicable nondisclosure requirement. 

9 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

11 communications service provider that receives a 

12 request under subsection (a) shall have the 

13 right to judicial review of any applicable non14 disclosure requirement. 

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

16 subsection (a) shall state that if the recipient 

17 wishes to have a court review a nondisclosure 

18 requirement, the recipient shall notify the Gov19 ernment. 

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

21 recipient of a request under subsection (a) 

22 makes a notification under subparagraph (B), 

23 the Government shall initiate judicial review 

24 under the procedures established in section 

25 3511 of this title, unless an appropriate official 


jlentini on DSKJ8SOYB1PROD with BILLS
19 

•S 290 PCS

1 of the Federal Bureau of the Investigation 

2 makes a notification under paragraph (4). 

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

4 for which a recipient has submitted a notification 

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

6 nondisclosure requirement cease to exist, an appro7 priate official of the Federal Bureau of Investigation 

8 shall promptly notify the wire or electronic service 

9 provider, or officer, employee, or agent thereof, sub10 ject to the nondisclosure requirement that the non11 disclosure requirement is no longer in effect.’’. 

12 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

13 CREDIT REPORTS.—Section 626 of the Fair Credit Re14 porting Act (15 U.S.C. 1681u) is amended by striking 

15 subsection (d) and inserting the following: 

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

17 ‘‘(1) PROHIBITION.— 

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

19 issued under subparagraph (B) and notice of 

20 the right to judicial review under paragraph (3) 

21 is provided, no consumer reporting agency, or 

22 officer, employee, or agent thereof, that receives 

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

24 (c), shall disclose or specify in any consumer re25 port, that the Federal Bureau of Investigation 


jlentini on DSKJ8SOYB1PROD with BILLS
20 

•S 290 PCS

1 has sought or obtained access to information or 

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

3 ‘‘(B) CERTIFICATION.—The requirements 

4 of subparagraph (A) shall apply if the Director 

5 of the Federal Bureau of Investigation, or a 

6 designee of the Director whose rank shall be no 

7 lower than Deputy Assistant Director at Bu8 reau headquarters or a Special Agent in Charge 

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

10 prohibition of disclosure under this subsection, 

11 there may result— 

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

13 of the United States; 

14 ‘‘(ii) interference with a criminal, 

15 counterterrorism, or counterintelligence in16 vestigation; 

17 ‘‘(iii) interference with diplomatic re18 lations; or 

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

20 safety of any person. 

21 ‘‘(2) EXCEPTION.— 

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

23 agency, or officer, employee, or agent thereof, 

24 that receives a request or order under sub25 section (a), (b), or (c) may disclose information 


jlentini on DSKJ8SOYB1PROD with BILLS
21 

•S 290 PCS

1 otherwise subject to any applicable nondisclo2 sure requirement to— 

3 ‘‘(i) those persons to whom disclosure 

4 is necessary in order to comply with the re5 quest or order; 

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

7 legal advice or assistance regarding the re8 quest or order; or 

9 ‘‘(iii) other persons as permitted by 

10 the Director of the Federal Bureau of In11 vestigation or the designee of the Director. 

12 ‘‘(B) PERSONS NECESSARY FOR COMPLI13 ANCE.—Upon a request by the Director of the 

14 Federal Bureau of Investigation or the designee 

15 of the Director, those persons to whom disclo16 sure will be made under subparagraph (A)(i) or 

17 to whom such disclosure was made before the 

18 request shall be identified to the Director or the 

19 designee. 

20 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

21 person to whom disclosure is made under sub22 paragraph (A) shall be subject to the nondisclo23 sure requirements applicable to a person to 

24 whom a request or order is issued under sub25 section (a), (b), or (c) in the same manner as 


jlentini on DSKJ8SOYB1PROD with BILLS
22 

•S 290 PCS

1 the person to whom the request or order is 

2 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 consumer reporting 

10 agency that receives a request or order under 

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

12 to judicial review of any applicable nondisclo13 sure requirement. 

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

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

16 if the recipient wishes to have a court review a 

17 nondisclosure requirement, the recipient shall 

18 notify the Government. 

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

20 recipient of a request or order under subsection 

21 (a), (b), or (c) makes a notification under sub22 paragraph (B), the Government shall initiate 

23 judicial review under the procedures established 

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

25 unless an appropriate official of the Federal 


jlentini on DSKJ8SOYB1PROD with BILLS
23 

•S 290 PCS

1 Bureau of Investigation makes a notification 

2 under paragraph (4). 

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

4 or order for which a consumer reporting agency has 

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

6 the facts supporting a nondisclosure requirement 

7 cease to exist, an appropriate official of the Federal 

8 Bureau of Investigation shall promptly notify the 

9 consumer reporting agency, or officer, employee, or 

10 agent thereof, subject to the nondisclosure require11 ment that the nondisclosure requirement is no longer 

12 in effect.’’. 

13 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

14 FOR COUNTERTERRORISM PURPOSES.—Section 627 of the 

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

16 by striking subsection (c) and 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 consumer reporting agency, or 

23 officer, employee, or agent thereof, that receives 

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

25 any person or specify in any consumer report, 


jlentini on DSKJ8SOYB1PROD with BILLS
24 

•S 290 PCS

1 that a government agency has sought or ob2 tained access to information under subsection 

3 (a). 

4 ‘‘(B) CERTIFICATION.—The requirements 

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

6 a government agency authorized to conduct in7 vestigations of, or intelligence or counterintel8 ligence activities or analysis related to, inter9 national terrorism, or a designee, certifies that, 

10 absent a prohibition of disclosure under this 

11 subsection, there may result— 

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

13 of the United States; 

14 ‘‘(ii) interference with a criminal, 

15 counterterrorism, or counterintelligence in16 vestigation; 

17 ‘‘(iii) interference with diplomatic re18 lations; or 

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

20 safety of any person. 

21 ‘‘(2) EXCEPTION.— 

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

23 agency, or officer, employee, or agent thereof, 

24 that receives a request under subsection (a) 


jlentini on DSKJ8SOYB1PROD with BILLS
25 

•S 290 PCS

1 may disclose information otherwise subject to 

2 any applicable nondisclosure requirement to— 

3 ‘‘(i) those persons to whom disclosure 

4 is necessary in order to comply with the re5 quest; 

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

7 legal advice or assistance regarding the re8 quest; or 

9 ‘‘(iii) other persons as permitted by 

10 the head of the government agency author11 ized to conduct investigations of, or intel12 ligence or counterintelligence activities or 

13 analysis related to, international terrorism, 

14 or a designee. 

15 ‘‘(B) PERSONS NECESSARY FOR COMPLI16 ANCE.—Upon a request by the head of a gov17 ernment agency authorized to conduct inves18 tigations of, or intelligence or counterintel19 ligence activities or analysis related to, inter20 national terrorism, or a designee, those persons 

21 to whom disclosure will be made under subpara22 graph (A)(i) or to whom such disclosure was 

23 made before the request shall be identified to 

24 the head of the government agency or the des25 ignee. 


jlentini on DSKJ8SOYB1PROD with BILLS
26 

•S 290 PCS

1 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

2 person to whom disclosure is made under sub3 paragraph (A) shall be subject to the nondisclo4 sure requirements applicable to a person to 

5 whom a request is issued under subsection (a) 

6 in the same manner as the person to whom the 

7 request is issued. 

8 ‘‘(D) NOTICE.—Any recipient that dis9 closes to a person described in subparagraph 

10 (A) information otherwise subject to a non11 disclosure requirement shall inform the person 

12 of the applicable nondisclosure requirement. 

13 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

15 agency that receives a request under subsection 

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

17 applicable nondisclosure requirement. 

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

19 subsection (a) shall state that if the recipient 

20 wishes to have a court review a nondisclosure 

21 requirement, the recipient shall notify the gov22 ernment. 

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

24 recipient of a request under subsection (a) 

25 makes a notification under subparagraph (B), 


jlentini on DSKJ8SOYB1PROD with BILLS
27 

•S 290 PCS

1 the government shall initiate judicial review 

2 under the procedures established in section 

3 3511 of title 18, United States Code, unless an 

4 appropriate official of the government agency 

5 authorized to conduct investigations of, or intel6 ligence or counterintelligence activities or anal7 ysis related to, international terrorism makes a 

8 notification under paragraph (4). 

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

10 for which a consumer reporting agency has sub11 mitted a notification under paragraph (3)(B), if the 

12 facts supporting a nondisclosure requirement cease 

13 to exist, an appropriate official of the government 

14 agency authorized to conduct investigations of, or in15 telligence or counterintelligence activities or analysis 

16 related to, international terrorism shall promptly no17 tify the consumer reporting agency, or officer, em18 ployee, or agent thereof, subject to the nondisclosure 

19 requirement that the nondisclosure requirement is 

20 no longer in effect.’’. 

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

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

23 3414(a)(5)) is amended by striking subparagraph (D) and 

24 inserting the following: 

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


jlentini on DSKJ8SOYB1PROD with BILLS
28 

•S 290 PCS

1 ‘‘(i) PROHIBITION.— 

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

3 issued under subclause (II) and notice of the 

4 right to judicial review under clause (iii) is pro5 vided, no financial institution, or officer, em6 ployee, or agent thereof, that receives a request 

7 under subparagraph (A), shall disclose to any 

8 person that the Federal Bureau of Investigation 

9 has sought or obtained access to information or 

10 records under subparagraph (A). 

11 ‘‘(II) CERTIFICATION.—The requirements 

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

13 the Federal Bureau of Investigation, or a des14 ignee of the Director whose rank shall be no 

15 lower than Deputy Assistant Director at Bu16 reau headquarters or a Special Agent in Charge 

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

18 prohibition of disclosure under this subpara19 graph, there may result— 

20 ‘‘(aa) a danger to the national secu21 rity of the United States; 

22 ‘‘(bb) interference with a criminal, 

23 counterterrorism, or counterintelligence in24 vestigation; 


jlentini on DSKJ8SOYB1PROD with BILLS
29 

•S 290 PCS

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

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

4 safety of any person. 

5 ‘‘(ii) EXCEPTION.— 

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

7 or officer, employee, or agent thereof, that re8 ceives a request under subparagraph (A) may 

9 disclose information otherwise subject to any 

10 applicable nondisclosure requirement to— 

11 ‘‘(aa) those persons to whom disclo12 sure is necessary in order to comply with 

13 the request; 

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

15 legal advice or assistance regarding the re16 quest; or 

17 ‘‘(cc) other persons as permitted by 

18 the Director of the Federal Bureau of In19 vestigation or the designee of the Director. 

20 ‘‘(II) PERSONS NECESSARY FOR COMPLI21 ANCE.—Upon a request by the Director of the 

22 Federal Bureau of Investigation or the designee 

23 of the Director, those persons to whom disclo24 sure will be made under subclause (I)(aa) or to 

25 whom such disclosure was made before the reVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
30 

•S 290 PCS

1 quest shall be identified to the Director or the 

2 designee. 

3 ‘‘(III) NONDISCLOSURE REQUIREMENT.— 

4 A person to whom disclosure is made under 

5 subclause (I) shall be subject to the nondisclo6 sure requirements applicable to a person to 

7 whom a request is issued under subparagraph 

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

9 the request is issued. 

10 ‘‘(IV) NOTICE.—Any recipient that dis11 closes to a person described in subclause (I) in12 formation otherwise subject to a nondisclosure 

13 requirement shall inform the person of the ap14 plicable nondisclosure requirement. 

15 ‘‘(iii) RIGHT TO JUDICIAL REVIEW.— 

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

17 that receives a request under subparagraph (A) 

18 shall have the right to judicial review of any ap19 plicable nondisclosure requirement. 

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

21 subparagraph (A) shall state that if the recipi22 ent wishes to have a court review a nondisclo23 sure requirement, the recipient shall notify the 

24 Government. 


jlentini on DSKJ8SOYB1PROD with BILLS
31 

•S 290 PCS

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

2 recipient of a request under subparagraph (A) 

3 makes a notification under subclause (II), the 

4 Government shall initiate judicial review under 

5 the procedures established in section 3511 of 

6 title 18, United States Code, unless an appro7 priate official of the Federal Bureau of Inves8 tigation makes a notification under clause (iv). 

9 ‘‘(iv) TERMINATION.—In the case of any re10 quest for which a financial institution has submitted 

11 a notification under clause (iii)(II), if the facts sup12 porting a nondisclosure requirement cease to exist, 

13 an appropriate official of the Federal Bureau of In14 vestigation shall promptly notify the financial insti15 tution, or officer, employee, or agent thereof, subject 

16 to the nondisclosure requirement that the nondisclo17 sure requirement is no longer in effect.’’. 

18 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

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

20 1947 (50 U.S.C. 436), is amended by striking subsection 

21 (b) and inserting the following: 

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

23 ‘‘(1) PROHIBITION.— 

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

25 issued under subparagraph (B) and notice of 


jlentini on DSKJ8SOYB1PROD with BILLS
32 

•S 290 PCS

1 the right to judicial review under paragraph (3) 

2 is provided, no governmental or private entity, 

3 or officer, employee, or agent thereof, that re4 ceives a request under subsection (a), shall dis5 close to any person that an authorized inves6 tigative agency described in subsection (a) has 

7 sought or obtained access to information under 

8 subsection (a). 

9 ‘‘(B) CERTIFICATION.—The requirements 

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

11 an authorized investigative agency described in 

12 subsection (a), or a designee, certifies that, ab13 sent a prohibition of disclosure under this sub14 section, 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.— 


jlentini on DSKJ8SOYB1PROD with BILLS
33 

•S 290 PCS

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

2 private entity, or officer, employee, or agent 

3 thereof, that receives a request under sub4 section (a) may disclose information otherwise 

5 subject to any applicable nondisclosure require6 ment to— 

7 ‘‘(i) those persons to whom disclosure 

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

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

11 legal advice or assistance regarding the re12 quest; or 

13 ‘‘(iii) other persons as permitted by 

14 the head of the authorized investigative 

15 agency described in subsection (a). 

16 ‘‘(B) PERSONS NECESSARY FOR COMPLI17 ANCE.—Upon a request by the head of an au18 thorized investigative agency described in sub19 section (a), or a designee, those persons to 

20 whom disclosure will be made under subpara21 graph (A)(i) or to whom such disclosure was 

22 made before the request shall be identified to 

23 the head of the authorized investigative agency 

24 or the designee. 


jlentini on DSKJ8SOYB1PROD with BILLS
34 

•S 290 PCS

1 ‘‘(C) NONDISCLOSURE REQUIREMENT.—A 

2 person to whom disclosure is made under sub3 paragraph (A) shall be subject to the nondisclo4 sure requirements applicable to a person to 

5 whom a request is issued under subsection (a) 

6 in the same manner as the person to whom the 

7 request is issued. 

8 ‘‘(D) NOTICE.—Any recipient that dis9 closes to a person described in subparagraph 

10 (A) information otherwise subject to a non11 disclosure requirement shall inform the person 

12 of the applicable nondisclosure requirement. 

13 ‘‘(3) RIGHT TO JUDICIAL REVIEW.— 

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

15 private entity that receives a request under sub16 section (a) shall have the right to judicial re17 view of any applicable nondisclosure require18 ment. 

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

20 subsection (a) shall state that if the recipient 

21 wishes to have a court review a nondisclosure 

22 requirement, the recipient shall notify the Gov23 ernment. 

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

25 recipient of a request under subsection (a) 


jlentini on DSKJ8SOYB1PROD with BILLS
35 

•S 290 PCS

1 makes a notification under subparagraph (B), 

2 the Government shall initiate judicial review 

3 under the procedures established in section 

4 3511 of title 18, United States Code, unless an 

5 appropriate official of the authorized investiga6 tive agency described in subsection (a) makes a 

7 notification under paragraph (4). 

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

9 for which a governmental or private entity has sub10 mitted a notification under paragraph (3)(B), if the 

11 facts supporting a nondisclosure requirement cease 

12 to exist, an appropriate official of the authorized in13 vestigative agency described in subsection (a) shall 

14 promptly notify the governmental or private entity, 

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

16 nondisclosure requirement that the nondisclosure re17 quirement is no longer in effect.’’. 

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

19 SECURITY LETTERS. 

20 (a) FISA.—Section 501(f)(2) of the Foreign Intel21 ligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) 

22 is amended— 

23 (1) in subparagraph (A)— 

24 (A) in clause (i)— 


jlentini on DSKJ8SOYB1PROD with BILLS
36 

•S 290 PCS

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

2 and inserting ‘‘a production order or non3 disclosure order’’; and 

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

5 and all that follows; and 

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

7 order or nondisclosure’’; and 

8 (2) in subparagraph (C)— 

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

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

11 (ii). 

12 (b) JUDICIAL REVIEW OF NATIONAL SECURITY LET13 TERS.—Section 3511(b) of title 18, United States Code, 

14 is amended to read as follows: 

15 ‘‘(b) NONDISCLOSURE.— 

16 ‘‘(1) IN GENERAL.— 

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

18 or order for a report, records, or other informa19 tion under section 2709 of this title, section 

20 626 or 627 of the Fair Credit Reporting Act 

21 (15 U.S.C. 1681u and 1681v), section 1114 of 

22 the Right to Financial Privacy Act of 1978 (12 

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

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

25 to have a court review a nondisclosure requireVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
37 

•S 290 PCS

1 ment imposed in connection with the request or 

2 order, the recipient shall notify the Govern3 ment. 

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

5 days after the date of receipt of a notification 

6 under subparagraph (A), the Government shall 

7 apply for an order prohibiting the disclosure of 

8 the existence or contents of the relevant request 

9 or order. An application under this subpara10 graph may be filed in the district court of the 

11 United States for the judicial district in which 

12 the recipient of the order is doing business or 

13 in the district court of the United States for 

14 any judicial district within which the authorized 

15 investigation that is the basis for the request or 

16 order is being conducted. The applicable non17 disclosure requirement shall remain in effect 

18 during the pendency of proceedings relating to 

19 the requirement. 

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

21 the United States that receives an application 

22 under subparagraph (B) should rule expedi23 tiously, and shall, subject to paragraph (3), 

24 issue a nondisclosure order that includes condi25 tions appropriate to the circumstances. 


jlentini on DSKJ8SOYB1PROD with BILLS
38 

•S 290 PCS

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

2 for a nondisclosure order or extension thereof under 

3 this subsection shall include a certification from the 

4 Attorney General, Deputy Attorney General, an As5 sistant Attorney General, or the Director of the Fed6 eral Bureau of Investigation, or in the case of a re7 quest by a department, agency, or instrumentality of 

8 the Federal Government other than the Department 

9 of Justice, the head or deputy head of the depart10 ment, agency, or instrumentality, containing a state11 ment of specific and articulable facts indicating that, 

12 absent a prohibition of disclosure under this sub13 section, there may result— 

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

15 the United States; 

16 ‘‘(B) interference with a criminal, counter17 terrorism, or counterintelligence investigation; 

18 ‘‘(C) interference with diplomatic relations; 

19 or 

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

21 of any person. 

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

23 United States shall issue a nondisclosure require24 ment order or extension thereof under this sub25 section if the court determines, giving substantial 


jlentini on DSKJ8SOYB1PROD with BILLS
39 

•S 290 PCS

1 weight to the certification under paragraph (2) that 

2 there is reason to believe that disclosure of the infor3 mation subject to the nondisclosure requirement dur4 ing the applicable time period will result in— 

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

6 the United States; 

7 ‘‘(B) interference with a criminal, counter8 terrorism, or counterintelligence investigation; 

9 ‘‘(C) interference with diplomatic relations; 

10 or 

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

12 of any person.’’. 

13 (c) MINIMIZATION.—Section 501(g)(1) of the For14 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

15 1861(g)(1)) is amended by striking ‘‘Not later than’’ and 

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

17 period of time for the production of tangible things under 

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

19 the production of tangible things under an order approved 

20 under this section, a judge may assess compliance with 

21 the minimization procedures by reviewing the cir22 cumstances under which information concerning United 

23 States persons was retained or disseminated.’’. 


jlentini on DSKJ8SOYB1PROD with BILLS
40 

•S 290 PCS

1 SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL 

2 AND TRANSACTIONAL RECORDS. 

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

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

5 (1) by striking subsection (e); 

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

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

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

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

11 Federal Bureau of Investigation, or a designee in a posi12 tion not lower than Deputy Assistant Director at Bureau 

13 headquarters or a Special Agent in Charge in a Bureau 

14 field office designated by the Director, may make a certifi15 cation under subsection (b) only upon a written statement, 

16 which shall be retained by the Federal Bureau of Inves17 tigation, of specific facts showing that there are reason18 able grounds to believe that the information sought is rel19 evant to the authorized investigation described in sub20 section (b).’’. 

21 (b) IDENTITY OF FINANCIAL INSTITUTIONS AND

22 CREDIT REPORTS.—Section 626 of the Fair Credit Re23 porting Act (15 U.S.C. 1681u), as amended by this Act, 

24 is amended— 

25 (1) by striking subsection (h); 


jlentini on DSKJ8SOYB1PROD with BILLS
41 

•S 290 PCS

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

2 and (g) as subsections (e), (f), (g), and (h), respec3 tively; and 

4 (3) by inserting after subsection (c) the fol5 lowing: 

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

7 Federal Bureau of Investigation, or a designee in a posi8 tion not lower than Deputy Assistant Director at Bureau 

9 headquarters or a Special Agent in Charge in a Bureau 

10 field office designated by the Director, may make a certifi11 cation under subsection (a) or (b) only upon a written 

12 statement, which shall be retained by the Federal Bureau 

13 of Investigation, of specific facts showing that there are 

14 reasonable grounds to believe that the information sought 

15 is relevant to the authorized investigation described in 

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

17 (c) DISCLOSURES TO GOVERNMENTAL AGENCIES

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

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

20 amended— 

21 (1) in the subsection heading, by striking 

22 ‘‘FORM OF CERTIFICATION’’ and inserting ‘‘CER23 TIFICATION’’; 

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

25 the following: 


jlentini on DSKJ8SOYB1PROD with BILLS
42 

•S 290 PCS

1 ‘‘(1) FORM OF CERTIFICATION.—The certifi2 cation’’; and 

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

4 ‘‘(2) WRITTEN STATEMENT.—A supervisory of5 ficial or officer described in paragraph (1) may 

6 make a certification under subsection (a) only upon 

7 a written statement, which shall be retained by the 

8 government agency, of specific facts showing that 

9 there are reasonable grounds to believe that the in10 formation sought is relevant to the authorized inves11 tigation described in subsection (a).’’. 

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

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

14 3414(a)(5)), as amended by this Act, is amended— 

15 (1) by striking subparagraph (C); 

16 (2) by redesignating subparagraph (B) as sub17 paragraph (C); and 

18 (3) by inserting after subparagraph (A) the fol19 lowing: 

20 ‘‘(B) The Director of the Federal Bureau of Inves21 tigation, or a designee in a position not lower than Deputy 

22 Assistant Director at Bureau headquarters or a Special 

23 Agent in Charge in a Bureau field office designated by 

24 the Director, may make a certification under subpara25 graph (A) only upon a written statement, which shall be 


jlentini on DSKJ8SOYB1PROD with BILLS
43 

•S 290 PCS

1 retained by the Federal Bureau of Investigation, of spe2 cific facts showing that there are reasonable grounds to 

3 believe that the information sought is relevant to the au4 thorized investigation described in subparagraph (A).’’. 

5 (e) REQUESTS BY AUTHORIZED INVESTIGATIVE

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

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

8 end the following: 

9 ‘‘(4) A department or agency head, deputy depart10 ment or agency head, or senior official described in para11 graph (3)(A) may make a certification under paragraph 

12 (3)(A) only upon a written statement, which shall be re13 tained by the authorized investigative agency, of specific 

14 facts showing that there are reasonable grounds to believe 

15 that the information sought is relevant to the authorized 

16 inquiry or investigation described in paragraph 

17 (3)(A)(ii).’’. 

18 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

19 (1) OBSTRUCTION OF CRIMINAL INVESTIGA20 TIONS.—Section 1510(e) of title 18, United States 

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

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

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

24 1681v(c)(1)), section 1114(a)(3)(A) or 

25 1114(a)(5)(D)(i) of the Right to Financial Privacy 


jlentini on DSKJ8SOYB1PROD with BILLS
44 

•S 290 PCS

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

2 3414(a)(5)(D)(i)),’’ and inserting ‘‘section 

3 2709(d)(1) of this title, section 626(e)(1) or 

4 627(c)(1) of the Fair Credit Reporting Act (15 

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

6 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to 

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

8 3414(a)(3)(A) and 3414(a)(5)(D)(i)),’’. 

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

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

11 415b(b)) is amended— 

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

13 and 

14 (B) by redesignating paragraph (6) as 

15 paragraph (4). 

16 SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LET17 TERS. 

18 (a) IN GENERAL.—Section 118(c) of the USA PA19 TRIOT Improvement and Reauthorization Act of 2005 

20 (18 U.S.C. 3511 note) is amended to read as follows: 

21 ‘‘(c) REPORTS ON REQUESTS FOR NATIONAL SECU22 RITY LETTERS.— 

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

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


jlentini on DSKJ8SOYB1PROD with BILLS
45 

•S 290 PCS

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

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

3 period beginning 180 days after the date 

4 of enactment of the USA PATRIOT Act 

5 Sunset Extension Act of 2011 and ending 

6 on December 31, 2011; and 

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

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

9 each report thereafter, the 6-month period 

10 ending on the last day of the second month 

11 before the date for submission of the re12 port; and 

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

14 the meaning given that term in section 101 of 

15 the Foreign Intelligence Surveillance Act of 

16 1978 (50 U.S.C. 1801). 

17 ‘‘(2) CLASSIFIED FORM.— 

18 ‘‘(A) IN GENERAL.—Not later than Feb19 ruary 1, 2012, and every 6 months thereafter, 

20 the Attorney General shall submit to the Select 

21 Committee on Intelligence, the Committee on 

22 the Judiciary, and the Committee on Banking, 

23 Housing, and Urban Affairs of the Senate and 

24 the Permanent Select Committee on Intel25 ligence, the Committee on the Judiciary, and 


jlentini on DSKJ8SOYB1PROD with BILLS
46 

•S 290 PCS

1 the Committee on Financial Services of the 

2 House of Representatives a report fully inform3 ing the committees concerning the requests 

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

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

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

7 3414(a)(5)(A)), section 626 of the Fair Credit 

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

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

10 1681v), or section 802 of the National Security 

11 Act of 1947 (50 U.S.C. 436) during the appli12 cable period. 

13 ‘‘(B) CONTENTS.—Each report under sub14 paragraph (A) shall include, for each provision 

15 of law described in subparagraph (A)— 

16 ‘‘(i) the number of authorized re17 quests under the provision, including re18 quests for subscriber information; and 

19 ‘‘(ii) the number of authorized re20 quests under the provision— 

21 ‘‘(I) that relate to a United 

22 States person; 

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

24 is not a United States person; 


jlentini on DSKJ8SOYB1PROD with BILLS
47 

•S 290 PCS

1 ‘‘(III) that relate to a person 

2 that is— 

3 ‘‘(aa) the subject of an au4 thorized national security inves5 tigation; or 

6 ‘‘(bb) an individual who has 

7 been in contact with or otherwise 

8 directly linked to the subject of 

9 an authorized national security 

10 investigation; and 

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

12 is not known to be the subject of an 

13 authorized national security investiga14 tion or to have been in contact with or 

15 otherwise directly linked to the subject 

16 of an authorized national security in17 vestigation. 

18 ‘‘(3) UNCLASSIFIED FORM.— 

19 ‘‘(A) IN GENERAL.—Not later than Feb20 ruary 1, 2012, and every 6 months thereafter, 

21 the Attorney General shall submit to the Select 

22 Committee on Intelligence, the Committee on 

23 the Judiciary, and the Committee on Banking, 

24 Housing, and Urban Affairs of the Senate and 

25 the Permanent Select Committee on IntelVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
48 

•S 290 PCS

1 ligence, the Committee on the Judiciary, and 

2 the Committee on Financial Services of the 

3 House of Representatives a report fully inform4 ing the committees concerning the aggregate 

5 total of all requests identified under paragraph 

6 (2) during the applicable period ending on the 

7 last day of the second month before the date for 

8 submission of the report. Each report under 

9 this subparagraph shall be in unclassified form. 

10 ‘‘(B) CONTENTS.—Each report under sub11 paragraph (A) shall include the aggregate total 

12 of requests— 

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

14 person; 

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

16 not a United States person; 

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

18 ‘‘(I) the subject of an authorized 

19 national security investigation; or 

20 ‘‘(II) an individual who has been 

21 in contact with or otherwise directly 

22 linked to the subject of an authorized 

23 national security investigation; and 

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

25 not known to be the subject of an authorVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
49 

•S 290 PCS

1 ized national security investigation or to 

2 have been in contact with or otherwise di3 rectly linked to the subject of an author4 ized national security investigation.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

7 1681v) is amended by striking subsection (f). 

8 SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTEL9 LIGENCE SURVEILLANCE ACT OF 1978. 

10 (a) IN GENERAL.—Title VI of the Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 1871) is 

12 amended by adding at the end the following: 

13 ‘‘SEC. 602. ANNUAL UNCLASSIFIED REPORT. 

14 ‘‘Not later than June 30, 2012, and every year there15 after, the Attorney General, in consultation with the Di16 rector of National Intelligence, and with due regard for 

17 the protection of classified information from unauthorized 

18 disclosure, shall submit to the Committee on the Judiciary 

19 and the Select Committee on Intelligence of the Senate 

20 and the Committee on the Judiciary and the Permanent 

21 Select Committee on Intelligence of the House of Rep22 resentatives an unclassified report summarizing how the 

23 authorities under this Act are used, including the impact 

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

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


jlentini on DSKJ8SOYB1PROD with BILLS
50 

•S 290 PCS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

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

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

5 section 601 the following: 

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

6 SEC. 10. AUDITS. 

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

8 PATRIOT Improvement and Reauthorization Act of 2005 

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

10 (1) in subsection (b)— 

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

12 and inserting ‘‘2011’’; 

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

14 (C) by redesignating paragraphs (4) and 

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

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

17 (i) by striking subparagraph (C) and 

18 inserting the following: 

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

20 through 2011, an examination of the minimiza21 tion procedures used in relation to orders under 

22 section 501 of the Foreign Intelligence Surveil23 lance Act of 1978 (50 U.S.C. 1861) and wheth24 er the minimization procedures protect the conVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
51 

•S 290 PCS

1 stitutional rights of United States persons.’’; 

2 and 

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

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

5 the National Security Act of 1947 (50 

6 U.S.C. 401a(4)))’’; 

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

8 following: 

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

10 Not later than September 30, 2011, the Inspector 

11 General of the Department of Justice shall submit 

12 to the Committee on the Judiciary and the Perma13 nent Select Committee on Intelligence of the House 

14 of Representatives and the Committee on the Judici15 ary and the Select Committee on Intelligence of the 

16 Senate a report containing the results of the audit 

17 conducted under subsection (a) for calendar years 

18 2007, 2008, and 2009. 

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

20 later than December 31, 2012, the Inspector Gen21 eral of the Department of Justice shall submit to the 

22 Committee on the Judiciary and the Permanent Se23 lect Committee on Intelligence of the House of Rep24 resentatives and the Committee on the Judiciary and 

25 the Select Committee on Intelligence of the Senate 


jlentini on DSKJ8SOYB1PROD with BILLS
52 

•S 290 PCS

1 a report containing the results of the audit con2 ducted under subsection (a) for calendar years 2010 

3 and 2011.’’; 

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

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

6 (4) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

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

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

11 2011, the Inspector General of each element of the 

12 intelligence community outside of the Department of 

13 Justice that used information acquired under title V 

14 of the Foreign Intelligence Surveillance Act of 1978 

15 (50 U.S.C. 1861 et seq.) in the intelligence activities 

16 of the element of the intelligence community shall— 

17 ‘‘(A) assess the importance of the informa18 tion to the intelligence activities of the element 

19 of the intelligence community; 

20 ‘‘(B) examine the manner in which that in21 formation was collected, retained, analyzed, and 

22 disseminated by the element of the intelligence 

23 community; 

24 ‘‘(C) describe any noteworthy facts or cir25 cumstances relating to orders under title V of 


jlentini on DSKJ8SOYB1PROD with BILLS
53 

•S 290 PCS

1 the Foreign Intelligence Surveillance Act of 

2 1978 as the orders relate to the element of the 

3 intelligence community; and 

4 ‘‘(D) examine any minimization procedures 

5 used by the element of the intelligence commu6 nity under title V of the Foreign Intelligence 

7 Surveillance Act of 1978 and whether the mini8 mization procedures protect the constitutional 

9 rights of United States persons. 

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

11 ‘‘(A) CALENDAR YEARS 2007 THROUGH

12 2009.—Not later than September 30, 2011, the 

13 Inspector General of each element of the intel14 ligence community that conducts an assessment 

15 under this subsection 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 Representative a report containing the re21 sults of the assessment for calendar years 2007 

22 through 2009. 

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

24 Not later than December 31, 2012, the Inspec25 tor General of each element of the intelligence 


jlentini on DSKJ8SOYB1PROD with BILLS
54 

•S 290 PCS

1 community that conducts an assessment under 

2 this subsection shall submit to the Committee 

3 on the Judiciary and the Select Committee on 

4 Intelligence of the Senate and the Committee 

5 on the Judiciary and the Permanent Select 

6 Committee on Intelligence of the House of Rep7 resentatives a report containing the results of 

8 the assessment for calendar years 2010 and 

9 2011.’’; 

10 (5) in subsection (e), as redesignated by para11 graph (3)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘a report under sub14 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

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

16 (ii) by inserting ‘‘and any Inspector 

17 General of an element of the intelligence 

18 community that submits a report under 

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

20 (B) in paragraph (2), by striking ‘‘the re21 ports submitted under subsection (c)(1) and 

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

23 under subsection (c) or (d)’’; 

24 (6) in subsection (f) as redesignated by para25 graph (3)— 


jlentini on DSKJ8SOYB1PROD with BILLS
55 

•S 290 PCS

1 (A) by striking ‘‘The reports submitted 

2 under subsections (c)(1) and (c)(2)’’ and insert3 ing ‘‘Each report submitted under subsection 

4 (c)’’; and 

5 (B) by striking ‘‘subsection (d)(2)’’ and in6 serting ‘‘subsection (e)(2)’’; and 

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

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

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

10 meaning given that term in section 3 of the National 

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

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

13 meaning given that term in section 101 of the For14 eign Intelligence Surveillance Act of 1978 (50 

15 U.S.C. 1801).’’. 

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

17 the USA PATRIOT Improvement and Reauthorization 

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

19 amended— 

20 (1) in subsection (b)— 

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

22 and inserting ‘‘2011’’; and 

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

24 such term is defined in section 3(4) of the NaVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
56 

•S 290 PCS

1 tional Security Act of 1947 (50 U.S.C. 

2 401a(4)))’’; 

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

4 following: 

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

6 Not later than September 30, 2011, the Inspector 

7 General of the Department of Justice shall submit 

8 to the Committee on the Judiciary and the Perma9 nent Select Committee on Intelligence of the House 

10 of Representatives and the Committee on the Judici11 ary and the Select Committee on Intelligence of the 

12 Senate a report containing the results of the audit 

13 conducted under subsection (a) for calendar years 

14 2007, 2008, and 2009. 

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

16 later than December 31, 2012, the Inspector Gen17 eral of the Department of Justice shall submit to the 

18 Committee on the Judiciary and the Permanent Se19 lect Committee on Intelligence of the House of Rep20 resentatives and the Committee on the Judiciary and 

21 the Select Committee on Intelligence of the Senate 

22 a report containing the results of the audit con23 ducted under subsection (a) for calendar years 2010 

24 and 2011.’’; 


jlentini on DSKJ8SOYB1PROD with BILLS
57 

•S 290 PCS

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

2 following: 

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

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

5 meaning given that term in section 3 of the National 

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

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

8 request for information under— 

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

10 States Code (to access certain communication 

11 service provider records); 

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

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

14 3414(a)(5)(A)) (to obtain financial institution 

15 customer records); 

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

17 Act of 1947 (50 U.S.C. 436) (to obtain finan18 cial information, records, and consumer re19 ports); 

20 ‘‘(D) section 626 of the Fair Credit Re21 porting Act (15 U.S.C. 1681u) (to obtain cer22 tain financial information and consumer re23 ports); or 

24 ‘‘(E) section 627 of the Fair Credit Re25 porting Act (15 U.S.C. 1681v) (to obtain credit 


jlentini on DSKJ8SOYB1PROD with BILLS
58 

•S 290 PCS

1 agency consumer records for counterterrorism 

2 investigations); and 

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

4 meaning given that term in section 101 of the For5 eign Intelligence Surveillance Act of 1978 (50 

6 U.S.C. 1801).’’; 

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

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

9 (5) by inserting after subsection (c) the fol10 lowing: 

11 ‘‘(d) INTELLIGENCE ASSESSMENT.— 

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

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

14 2011, the Inspector General of each element of the 

15 intelligence community outside of the Department of 

16 Justice that issued national security letters in the 

17 intelligence activities of the element of the intel18 ligence community shall— 

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

20 letters by the element of the intelligence com21 munity during the period; 

22 ‘‘(B) describe any noteworthy facts or cir23 cumstances relating to the use of national secu24 rity letters by the element of the intelligence 


jlentini on DSKJ8SOYB1PROD with BILLS
59 

•S 290 PCS

1 community, including any improper or illegal 

2 use of such authority; 

3 ‘‘(C) assess the importance of information 

4 received under the national security letters to 

5 the intelligence activities of the element of the 

6 intelligence community; and 

7 ‘‘(D) examine the manner in which infor8 mation received under the national security let9 ters was collected, retained, analyzed, and dis10 seminated. 

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

12 ‘‘(A) CALENDAR YEARS 2007 THROUGH

13 2009.—Not later than September 30, 2011, the 

14 Inspector General of each element of the intel15 ligence community that conducts an assessment 

16 under this subsection shall submit to the Com17 mittee on the Judiciary and the Select Com18 mittee on Intelligence of the Senate and the 

19 Committee on the Judiciary and the Permanent 

20 Select Committee on Intelligence of the House 

21 of Representatives a report containing the re22 sults of the assessment for calendar years 2007 

23 through 2009. 

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

25 Not later than December 31, 2012, the InspecVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
60 

•S 290 PCS

1 tor General of any element of the intelligence 

2 community that conducts an assessment under 

3 this subsection shall submit to the Committee 

4 on the Judiciary and the Select Committee on 

5 Intelligence of the Senate and the Committee 

6 on the Judiciary and the Permanent Select 

7 Committee on Intelligence of the House of Rep8 resentatives a report containing the results of 

9 the assessment for calendar years 2010 and 

10 2011.’’; 

11 (6) in subsection (e), as redesignated by para12 graph (4)— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘a report under sub15 section (c)(1) or (c)(2)’’ and inserting ‘‘any 

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

17 (ii) by inserting ‘‘and any Inspector 

18 General of an element of the intelligence 

19 community that submits a report under 

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

21 (B) in paragraph (2), by striking ‘‘the re22 ports submitted under subsection (c)(1) or 

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

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


jlentini on DSKJ8SOYB1PROD with BILLS
61 

•S 290 PCS

1 (7) in subsection (f), as redesignated by para2 graph (4)— 

3 (A) by striking ‘‘The reports submitted 

4 under subsections (c)(1) or (c)(2)’’ and insert5 ing ‘‘Each report submitted under subsection 

6 (c)’’; and 

7 (B) by striking ‘‘subsection (d)(2)’’ and in8 serting ‘‘subsection (e)(2)’’. 

9 (c) PEN REGISTERS AND TRAP AND TRACE DE10 VICES.— 

11 (1) AUDITS.—The Inspector General of the De12 partment of Justice shall perform comprehensive au13 dits of the effectiveness and use, including any im14 proper or illegal use, of pen registers and trap and 

15 trace devices under title IV of the Foreign Intel16 ligence Surveillance Act of 1978 (50 U.S.C. 1841 et 

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

18 2007 and ending on December 31, 2011. 

19 (2) REQUIREMENTS.—The audits required 

20 under paragraph (1) shall include— 

21 (A) an examination of the use of pen reg22 isters and trap and trace devices under title IV 

23 of the Foreign Intelligence Surveillance Act of 

24 1978 for calendar years 2007 through 2011; 


jlentini on DSKJ8SOYB1PROD with BILLS
62 

•S 290 PCS

1 (B) an examination of the installation and 

2 use of a pen register or trap and trace device 

3 on emergency bases under section 403 of the 

4 Foreign Intelligence Surveillance Act of 1978 

5 (50 U.S.C. 1843); 

6 (C) any noteworthy facts or circumstances 

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

8 trace device under title IV of the Foreign Intel9 ligence Surveillance Act of 1978, including any 

10 improper or illegal use of the authority provided 

11 under that title; and 

12 (D) an examination of the effectiveness of 

13 the authority under title IV of the Foreign In14 telligence Surveillance Act of 1978 as an inves15 tigative tool, including— 

16 (i) the importance of the information 

17 acquired to the intelligence activities of the 

18 Federal Bureau of Investigation; 

19 (ii) the manner in which the informa20 tion is collected, retained, analyzed, and 

21 disseminated by the Federal Bureau of In22 vestigation, including any direct access to 

23 the information provided to any other de24 partment, agency, or instrumentality of 


jlentini on DSKJ8SOYB1PROD with BILLS
63 

•S 290 PCS

1 Federal, State, local, or tribal governments 

2 or any private sector entity; 

3 (iii) with respect to calendar years 

4 2010 and 2011, an examination of the 

5 minimization procedures of the Federal 

6 Bureau of Investigation used in relation to 

7 pen registers and trap and trace devices 

8 under title IV of the Foreign Intelligence 

9 Surveillance Act of 1978 and whether the 

10 minimization procedures protect the con11 stitutional rights of United States persons; 

12 (iv) whether, and how often, the Fed13 eral Bureau of Investigation used informa14 tion acquired under a pen register or trap 

15 and trace device under title IV of the For16 eign Intelligence Surveillance Act of 1978 

17 to produce an analytical intelligence prod18 uct for distribution within the Federal Bu19 reau of Investigation, to the intelligence 

20 community, or to another department, 

21 agency, or instrumentality of Federal, 

22 State, local, or tribal governments; and 

23 (v) whether, and how often, the Fed24 eral Bureau of Investigation provided in25 formation acquired under a pen register or 


jlentini on DSKJ8SOYB1PROD with BILLS
64 

•S 290 PCS

1 trap and trace device under title IV of the 

2 Foreign Intelligence Surveillance Act of 

3 1978 to law enforcement authorities for 

4 use in criminal proceedings. 

5 (3) SUBMISSION DATES.— 

6 (A) CALENDAR YEARS 2007 THROUGH

7 2009.—Not later than September 30, 2011, the 

8 Inspector General of the Department of Justice 

9 shall submit to the Committee on the Judiciary 

10 and the Select Committee on Intelligence of the 

11 Senate and the Committee on the Judiciary and 

12 the Permanent Select Committee on Intelligence 

13 of the House of Representatives a report con14 taining the results of the audits conducted 

15 under paragraph (1) for calendar years 2007 

16 through 2009. 

17 (B) CALENDAR YEARS 2010 AND 2011.— 

18 Not later than December 31, 2012, the Inspec19 tor General of the Department of Justice shall 

20 submit to the Committee on the Judiciary and 

21 the Select Committee on Intelligence of the 

22 Senate and the Committee on the Judiciary and 

23 the Permanent Select Committee on Intelligence 

24 of the House of Representatives a report con25 taining the results of the audits conducted 


jlentini on DSKJ8SOYB1PROD with BILLS
65 

•S 290 PCS

1 under paragraph (1) for calendar years 2010 

2 and 2011. 

3 (4) INTELLIGENCE ASSESSMENT.— 

4 (A) IN GENERAL.—For the period begin5 ning January 1, 2007 and ending on December 

6 31, 2011, the Inspector General of any element 

7 of the intelligence community outside of the De8 partment of Justice that used information ac9 quired under a pen register or trap and trace 

10 device under title IV of the Foreign Intelligence 

11 Surveillance Act of 1978 in the intelligence ac12 tivities of the element of the intelligence com13 munity shall— 

14 (i) assess the importance of the infor15 mation to the intelligence activities of the 

16 element of the intelligence community; 

17 (ii) examine the manner in which the 

18 information was collected, retained, ana19 lyzed, and disseminated; 

20 (iii) describe any noteworthy facts or 

21 circumstances relating to orders under title 

22 IV of the Foreign Intelligence Surveillance 

23 Act of 1978 as the orders relate to the ele24 ment of the intelligence community; and 


jlentini on DSKJ8SOYB1PROD with BILLS
66 

•S 290 PCS

1 (iv) examine any minimization proce2 dures used by the element of the intel3 ligence community in relation to pen reg4 isters and trap and trace devices under 

5 title IV of the Foreign Intelligence Surveil6 lance Act of 1978 and whether the mini7 mization procedures protect the constitu8 tional rights of United States persons. 

9 (B) SUBMISSION DATES FOR ASSESS10 MENT.— 

11 (i) CALENDAR YEARS 2007 THROUGH

12 2009.—Not later than September 30, 2011, 

13 the Inspector General of each element of 

14 the intelligence community that conducts 

15 an assessment under this paragraph shall 

16 submit to the Committee on the Judiciary 

17 and the Select Committee on Intelligence 

18 of the Senate and the Committee on the 

19 Judiciary and the Permanent Select Com20 mittee on Intelligence of the House of Rep21 resentative a report containing the results 

22 of the assessment for calendar years 2007 

23 through 2009. 

24 (ii) CALENDAR YEARS 2010 AND

25 2011.—Not later than December 31, 2012, 


jlentini on DSKJ8SOYB1PROD with BILLS
67 

•S 290 PCS

1 the Inspector General of each element of 

2 the intelligence community that conducts 

3 an assessment under this paragraph shall 

4 submit to the Committee on the Judiciary 

5 and the Select Committee on Intelligence 

6 of the Senate and the Committee on the 

7 Judiciary and the Permanent Select Com8 mittee on Intelligence of the House of Rep9 resentative a report containing the results 

10 of the assessment for calendar years 2010 

11 and 2011. 

12 (5) PRIOR NOTICE TO ATTORNEY GENERAL AND

13 DIRECTOR OF NATIONAL INTELLIGENCE; COM14 MENTS.— 

15 (A) NOTICE.—Not later than 30 days be16 fore the submission of any report paragraph (3) 

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

18 of Justice and any Inspector General of an ele19 ment of the intelligence community that sub20 mits a report under this subsection shall pro21 vide the report to the Attorney General and the 

22 Director of National Intelligence. 

23 (B) COMMENTS.—The Attorney General or 

24 the Director of National Intelligence may pro25 vide such comments to be included in any reVerDate Mar 15 2010 22:01 Feb 04, 2011 Jkt 099200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S290.PCS S290

jlentini on DSKJ8SOYB1PROD with BILLS
68 

•S 290 PCS

1 port submitted under paragraph (3) or (4) as 

2 the Attorney General or the Director of Na3 tional Intelligence may consider necessary. 

4 (6) UNCLASSIFIED FORM.—Each report sub5 mitted under paragraph (3) and any comments in6 cluded in that report under paragraph (5)(B) shall 

7 be in unclassified form, but may include a classified 

8 annex. 

9 (d) DEFINITIONS.—In this section— 

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

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

12 given those terms in section 101 of the Foreign In13 telligence Surveillance Act of 1978 (50 U.S.C. 

14 1801); and 

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

16 meaning given that term in section 3 of the National 

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

18 SEC. 11. DELAYED NOTICE SEARCH WARRANTS. 

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

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

21 SEC. 12. PROCEDURES. 

22 (a) IN GENERAL.—The Attorney General shall peri23 odically review, and revise as necessary, the procedures 

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

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


jlentini on DSKJ8SOYB1PROD with BILLS
69 

•S 290 PCS

1 response to a national security letter issued under section 

2 2709 of title 18, United States Code, section 1114(a)(5) 

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

4 3414(5)), section 626 of the Fair Credit Reporting Act 

5 (15 U.S.C. 1681u), or section 627 of the Fair Credit Re6 porting Act (15 U.S.C. 1681v). 

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

8 procedures described in subsection (a), the Attorney Gen9 eral shall give due consideration to the privacy interests 

10 of individuals and the need to protect national security. 

11 (c) REVISIONS TO PROCEDURES AND OVERSIGHT.— 

12 If the Attorney General makes any significant changes to 

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

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

15 the Committee on the Judiciary and the Select Committee 

16 on Intelligence of the Senate and the Committee on the 

17 Judiciary and the Permanent Select Committee on Intel18 ligence of the House of Representatives. 

19 SEC. 13. SEVERABILITY. 

20 If any provision of this Act or an amendment made 

21 by this Act, or the application of the provision to any per22 son or circumstance, is held to be unconstitutional, the 

23 remainder of this Act and the amendments made by this 

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


jlentini on DSKJ8SOYB1PROD with BILLS
70 

•S 290 PCS

1 the amendments made by this Act to any other person 

2 or circumstance, shall not be affected thereby. 

3 SEC. 14. OFFSET. 

4 Of the unobligated balances available in the Depart5 ment of Justice Assets Forfeiture Fund established under 

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

7 $5,000,000 are permanently rescinded and shall be re8 turned to the general fund of the Treasury. 

9 SEC. 15. EFFECTIVE DATE. 

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

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

12 the date of enactment of this Act. 


jlentini on DSKJ8SOYB1PROD with BILLS

jlentini on DSKJ8SOYB1PROD with BILLS
Calendar No. 8 

112TH CONGRESS 

1ST SESSION S. 290 

A BILL 

To extend the sunset of certain provisions of the 

USA PATRIOT Act, and for other purposes. 

FEBRUARY 4, 2011 

Read the second time and placed on the calendar 


jlentini on DSKJ8SOYB1PROD with BILLS