I 
112TH CONGRESS 
1ST SESSION H. R. 1805 
To extend the sunset of certain provisions of the USA PATRIOT Act, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2011 
Mr. CONYERS introduced the following bill; which was referred to the Com-
mittee 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 con-
cerned 
A BILL 
To extend the sunset of certain provisions of the USA 
PATRIOT Act, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘USA PATRIOT Act 
Sunset Extension Act of 2011’’. 
SEC. 2. SUNSETS. 
(a) SECTIONS 206 AND 215 SUNSET.— 
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(1) IN
GENERAL.—Section 102(b)(1) of the 
USA PATRIOT Improvement and Reauthorization 
Act of 2005 (Public Law 109–177; 50 U.S.C. 1805 
note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 
note) is amended by striking ‘‘May 27, 2011’’ and 
inserting ‘‘December 31, 2013’’. 
(2) CONFORMING AMENDMENTS.— 
(A) IN
GENERAL.—The Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.), as amended by section 3 of this 
Act, is amended— 
(i) in the table of contents in the first 
section, by striking the items relating to 
title V and sections 501, 502, and 503 and 
inserting the following: 
‘‘TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS FOR 
FOREIGN INTELLIGENCE PURPOSES 
‘‘Sec. 501. Definitions. 
‘‘Sec. 502. Access to certain business records for foreign intelligence and inter-
national terrorism investigations.’’; 
(ii) in title V (50 U.S.C. 1861 et 
seq.)— 
(I) in the title heading, by strik-
ing 
‘‘AND 
OTHER 
TANGIBLE 
THINGS’’; and 
(II) by striking section 503; and 
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(iii) in section 601(a)(1)(D) (50 
U.S.C. 1871(a)(1)(D)), by striking ‘‘sec-
tion 501;’’ and inserting ‘‘section 502 or 
under section 501 pursuant to section 
102(b)(2) of the USA PATRIOT Improve-
ment and Reauthorization Act of 2005 
(Public Law 109–177; 50 U.S.C. 1861 
note);’’. 
(B) APPLICATION UNDER SECTION 404 OF 
THE FISA AMENDMENTS ACT OF 2008.—Section 
404(b)(4)(A) of the FISA Amendments Act of 
2008 (Public Law 110–261; 122 Stat. 2477) is 
amended by striking the period at the end and 
inserting ‘‘, except that paragraph (1)(D) of 
such section 601(a) shall be applied as if it read 
as follows: 
‘‘ ‘(D) access to records under section 502 
or under section 501 pursuant to section 
102(b)(2) of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (Public Law 
109–177; 50 U.S.C. 1861 note);’.’’. 
(C) EFFECTIVE DATE.—The amendments 
made by this paragraph shall take effect on De-
cember 31, 2013. 
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(b) INDIVIDUAL TERRORISTS AS AGENTS OF FOR-
EIGN POWERS.— 
(1) EXTENSION OF SUNSET.—Section 6001(b) 
of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458; 50 U.S.C. 1801 
note) is amended to read as follows: 
‘‘(b) SUNSET.— 
‘‘(1) REPEAL.—Subparagraph (C) of section 
101(b)(1) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801(b)(1)), as added by 
subsection (a), is repealed effective December 31, 
2013. 
‘‘(2) TRANSITION PROVISION.—Notwithstanding 
paragraph 
(1), 
subparagraph 
(C) 
of 
section 
101(b)(1) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801(b)(1)) shall continue 
to apply on and after December 31, 2013, with re-
spect to any particular foreign intelligence investiga-
tion or with respect to any particular offense or po-
tential offense that began or occurred before Decem-
ber 31, 2013.’’. 
(2) CONFORMING AMENDMENT.— 
(A) IN
GENERAL.—Section 601(a)(2) of 
the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1871(a)(2)) is amended by 
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striking the semicolon at the end and inserting 
‘‘pursuant to subsection (b)(2) of section 6001 
of the Intelligence Reform and Terrorism Pre-
vention Act of 2004 (Public Law 108–458; 50 
U.S.C. 1801 note);’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall take effect on 
December 31, 2013. 
(c) NATIONAL SECURITY LETTERS.— 
(1) REPEAL.—Effective on December 31, 
2013— 
(A) section 2709 of title 18, United States 
Code, is amended to read as such provision 
read on October 25, 2001; 
(B) section 1114(a)(5) of the Right to Fi-
nancial Privacy Act of 1978 (12 U.S.C. 
3414(a)(5)) is amended to read as such provi-
sion read on October 25, 2001; 
(C) subsections (a) and (b) of section 626 
of the Fair Credit Reporting Act (15 U.S.C. 
1681u) are amended to read as subsections (a) 
and (b), respectively, of the second of the 2 sec-
tions designated as section 624 of such Act (15 
U.S.C. 1681u) (relating to disclosure to the 
Federal Bureau of Investigation for counter-
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intelligence purposes), as added by section 601 
of the Intelligence Authorization Act for Fiscal 
Year 1996 (Public Law 104–93; 109 Stat. 
974), read on October 25, 2001; 
(D) section 627 of the Fair Credit Report-
ing Act (15 U.S.C. 1681v) is repealed; and 
(E) section 802 of the National Security 
Act of 1947 (50 U.S.C. 436) is amended to 
read as such provision read on October 25, 
2001. 
(2) TRANSITION PROVISION.—Notwithstanding 
paragraph (1), the provisions of law referred to in 
paragraph (1), as in effect on December 30, 2013, 
shall continue to apply on and after December 31, 
2013, with respect to any particular foreign intel-
ligence investigation or with respect to any par-
ticular offense or potential offense that began or oc-
curred before December 31, 2013. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Effective December 31, 2013— 
(A) section 3511 of title 18, United States 
Code, is amended— 
(i) in subsections (a), (c), and (d), by 
striking ‘‘or 627(a)’’ each place it appears; 
and 
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(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 403(b)(2) of such Act (Public Law 
110–261; 122 Stat. 2474) is amended by striking 
‘‘December 31, 2012’’ and inserting ‘‘December 31, 
2013’’. 
(3) ORDERS IN EFFECT.—Section 404(b)(1) of 
such Act (Public Law 110–261; 50 U.S.C. 1801 
note) is amended in the heading by striking ‘‘DE-
CEMBER 31, 2012’’ and inserting ‘‘DECEMBER 31, 
2013’’. 
SEC. 3. ORDERS FOR ACCESS TO CERTAIN BUSINESS 
RECORDS AND TANGIBLE THINGS. 
(a) IN GENERAL.—Section 501 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
amended— 
(1) in the section heading, by inserting ‘‘AND 
OTHER
TANGIBLE
THINGS’’ after ‘‘CERTAIN 
BUSINESS RECORDS’’; 
(2) in subsection (b)(2)— 
(A) in subparagraph (A)— 
(i) by striking ‘‘a statement of facts 
showing’’ and inserting ‘‘a statement of 
the facts and circumstances relied upon by 
the applicant to justify the belief of the ap-
plicant’’; and 
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(ii) by striking ‘‘clandestine intel-
ligence activities,’’ and all that follows and 
inserting ‘‘clandestine intelligence activi-
ties;’’; and 
(B) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) if the records sought contain book-
seller records, or are from a library and contain 
personally identifiable information about a pa-
tron of the library, a statement of facts showing 
that there are reasonable grounds to believe 
that the records sought— 
‘‘(i) are relevant to an authorized in-
vestigation (other than a threat assess-
ment) conducted in accordance with sub-
section (a)(2) to obtain foreign intelligence 
information not concerning a United 
States person or to protect against inter-
national terrorism or clandestine intel-
ligence activities; and 
‘‘(ii)(I) pertain to a foreign power or 
an agent of a foreign power; 
‘‘(II) are relevant to the activities of 
a suspected agent of a foreign power who 
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is the subject of such authorized investiga-
tion; or 
‘‘(III) pertain to an individual in con-
tact with, or known to, a suspected agent 
of a foreign power; and 
‘‘(C) a statement of proposed minimization 
procedures.’’; 
(3) in subsection (c)(1)— 
(A) by inserting ‘‘and that the proposed 
minimization procedures meet the definition of 
minimization procedures under subsection (g)’’ 
after ‘‘subsections (a) and (b)’’; 
(B) by inserting ‘‘, and directing that the 
minimization procedures be followed’’ after ‘‘re-
lease of tangible things’’; and 
(C) by striking the second sentence; and 
(4) by adding at the end the following: 
‘‘(i) DEFINITIONS.—In this section— 
‘‘(1) the term ‘bookseller records’ means trans-
actional records reflecting the purchase (including 
subscription purchase) or rental of books, journals, 
or magazines, whether in digital form or in print, of 
an individual or entity engaged in the sale or rental 
of books, journals, or magazines; 
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‘‘(2) the term ‘library’ has the meaning given 
that term in section 213(1) of the Library Services 
and Technology Act (20 U.S.C. 9122(1)); 
‘‘(3) the term ‘patron’ means a purchaser, 
renter, borrower, user, or subscriber of goods or 
services from a library; and 
‘‘(4) the term ‘personally identifiable informa-
tion’ includes information that identifies a person as 
having used, requested, or obtained specific reading 
materials or services from a library.’’. 
(b) TRANSITION
PROCEDURES.—Notwithstanding 
the amendments made by this Act, an order entered under 
section 501(c)(1) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861(c)(1)) that is in effect on 
the effective date of the amendments made by this section 
shall remain in effect until the expiration of the order. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) DEFINITIONS.—Title V of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1861 
et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 503. DEFINITIONS. 
‘‘In this title, the terms ‘Attorney General’, ‘foreign 
intelligence information’, ‘international terrorism’, ‘per-
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son’, ‘United States’, and ‘United States person’ have the 
meanings given such terms in section 101.’’. 
(2) TITLE HEADING.—Title V of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861 et seq.) is amended in the title heading by in-
serting ‘‘AND OTHER TANGIBLE THINGS’’ 
after ‘‘CERTAIN BUSINESS RECORDS’’. 
(3) TABLE OF CONTENTS.—The table of con-
tents in the first section of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) 
is amended— 
(A) by striking the items relating to title 
V and section 501 and inserting the following: 
‘‘TITLE V—ACCESS TO CERTAIN BUSINESS RECORDS AND OTHER 
TANGIBLE THINGS FOR FOREIGN INTELLIGENCE PURPOSES 
‘‘Sec. 501. Access to certain business records and other tangible things for for-
eign intelligence purposes and international terrorism investiga-
tions.’’; 
and 
(B) by inserting after the item relating to 
section 502 the following: 
‘‘Sec. 503. Definitions.’’. 
SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP AND 
TRACE 
DEVICES 
FOR 
FOREIGN 
INTEL-
LIGENCE PURPOSES. 
(a) APPLICATION.—Section 402(c) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 
is amended— 
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(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2)— 
(A) by striking ‘‘a certification by the ap-
plicant’’ and inserting ‘‘a statement of the facts 
and circumstances relied upon by the applicant 
to justify the belief of the applicant’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) a statement of whether minimization pro-
cedures are being proposed and, if so, a statement 
of the proposed minimization procedures.’’. 
(b) MINIMIZATION.— 
(1) DEFINITION.—Section 401 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1841) is amended by adding at the end the fol-
lowing: 
‘‘(4) 
The 
term 
‘minimization 
procedures’ 
means— 
‘‘(A) specific procedures, that are reason-
ably designed in light of the purpose and tech-
nique of an order for the installation and use 
of a pen register or trap and trace device, to 
minimize the retention, and prohibit the dis-
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semination, of nonpublicly available information 
known to concern unconsenting United States 
persons consistent with the need of the United 
States to obtain, produce, and disseminate for-
eign intelligence information; 
‘‘(B) procedures that require that nonpub-
licly available information, which is not foreign 
intelligence information shall not be dissemi-
nated in a manner that identifies any United 
States person, without such person’s consent, 
unless such person’s identity is necessary to un-
derstand foreign intelligence information or as-
sess its importance; and 
‘‘(C) notwithstanding subparagraphs (A) 
and (B), procedures that allow for the retention 
and dissemination of information that is evi-
dence of a crime which has been, is being, or 
is about to be committed and that is to be re-
tained or disseminated for law enforcement pur-
poses.’’. 
(2) PEN REGISTERS AND TRAP AND TRACE DE-
VICES.—Section 402 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1842) is amend-
ed— 
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(A) in subsection (d)(1), by striking ‘‘the 
judge finds’’ and all that follows and inserting 
the following: ‘‘the judge finds— 
‘‘(A) that the application satisfies the require-
ments of this section; and 
‘‘(B) that, if there are exceptional cir-
cumstances justifying the use of minimization proce-
dures in a particular case, the proposed minimiza-
tion procedures meet the definition of minimization 
procedures under this title.’’; and 
(B) by adding at the end the following: 
‘‘(h) At or before the end of the period of time for 
which the installation and use of a pen register or trap 
and trace device is approved under an order or an exten-
sion under this section, the judge may assess compliance 
with any applicable minimization procedures by reviewing 
the circumstances under which information concerning 
United States persons was retained or disseminated.’’. 
(3) EMERGENCIES.—Section 403 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1843) is amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the 
following: 
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‘‘(c) If the Attorney General authorizes the emer-
gency installation and use of a pen register or trap and 
trace device under this section, the Attorney General shall 
require that minimization procedures be followed, if appro-
priate.’’. 
(4) USE OF INFORMATION.—Section 405(a)(1) 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1845(a)(1)) is amended by striking ‘‘pro-
visions of this section’’ and inserting ‘‘minimization 
procedures required under this title’’. 
(c) TRANSITION PROCEDURES.— 
(1) ORDERS IN EFFECT.—Notwithstanding the 
amendments made by this Act, an order entered 
under section 402(d)(1) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(d)(1)) 
that is in effect on the effective date of the amend-
ments made by this section shall remain in effect 
until the expiration of the order. 
(2) EXTENSIONS.—A request for an extension 
of an order referred to in paragraph (1) shall be 
subject to the requirements of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et 
seq.), as amended by this Act. 
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SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECU-
RITY LETTERS. 
(a) IN GENERAL.—Section 2709 of title 18, United 
States Code, is amended by striking subsection (c) and 
inserting the following: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN
GENERAL.—If a certification is 
issued under subparagraph (B) and notice of 
the right to judicial review under paragraph (3) 
is provided, no wire or electronic communica-
tion service provider, or officer, employee, or 
agent thereof, that receives a request under 
subsection (a), shall disclose to any person that 
the Director of the Federal Bureau of Inves-
tigation has sought or obtained access to infor-
mation or records under this section. 
‘‘(B) CERTIFICATION.—The requirements 
of subparagraph (A) shall apply if the Director 
of the Federal Bureau of Investigation, or a 
designee of the Director whose rank shall be no 
lower than Deputy Assistant Director at Bu-
reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that, absent a 
prohibition of disclosure under this subsection, 
there may result— 
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‘‘(i) a danger to the national security 
of the United States; 
‘‘(ii) interference with a criminal, 
counterterrorism, or counterintelligence in-
vestigation; 
‘‘(iii) interference with diplomatic re-
lations; or 
‘‘(iv) danger to the life or physical 
safety of any person. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A wire or electronic 
communication service provider, or officer, em-
ployee, or agent thereof, that receives a request 
under subsection (a) may disclose information 
otherwise subject to any applicable nondisclo-
sure requirement to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
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‘‘(B) PERSONS NECESSARY FOR COMPLI-
ANCE.—Upon a request by the Director of the 
Federal Bureau of Investigation or the designee 
of the Director, those persons to whom disclo-
sure will be made under subparagraph (A)(i) or 
to whom such disclosure was made before the 
request shall be identified to the Director or the 
designee. 
‘‘(C) NONDISCLOSURE REQUIREMENT.—A 
person to whom disclosure is made under sub-
paragraph (A) shall be subject to the nondisclo-
sure requirements applicable to a person to 
whom a request is issued under subsection (a) 
in the same manner as the person to whom the 
request is issued. 
‘‘(D) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(3) RIGHT TO JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—A wire or electronic 
communications service provider that receives a 
request under subsection (a) shall have the 
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right to judicial review of any applicable non-
disclosure requirement. 
‘‘(B) NOTIFICATION.—A request under 
subsection (a) shall state that if the recipient 
wishes to have a court review a nondisclosure 
requirement, the recipient shall notify the Gov-
ernment. 
‘‘(C) INITIATION OF PROCEEDINGS.—If a 
recipient of a request under subsection (a) 
makes a notification under subparagraph (B), 
the Government shall initiate judicial review 
under the procedures established in section 
3511 of this title, unless an appropriate official 
of the Federal Bureau of the Investigation 
makes a notification under paragraph (4). 
‘‘(4) TERMINATION.—In the case of any request 
for which a recipient has submitted a notification 
under paragraph (3)(B), if the facts supporting a 
nondisclosure requirement cease to exist, an appro-
priate official of the Federal Bureau of Investigation 
shall promptly notify the wire or electronic service 
provider, or officer, employee, or agent thereof, sub-
ject to the nondisclosure requirement that the non-
disclosure requirement is no longer in effect.’’. 
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(b) IDENTITY
OF FINANCIAL INSTITUTIONS
AND 
CREDIT REPORTS.—Section 626 of the Fair Credit Re-
porting Act (15 U.S.C. 1681u) is amended by striking 
subsection (d) and inserting the following: 
‘‘(d) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN
GENERAL.—If a certification is 
issued under subparagraph (B) and notice of 
the right to judicial review under paragraph (3) 
is provided, no consumer reporting agency, or 
officer, employee, or agent thereof, that receives 
a request or order under subsection (a), (b), or 
(c), shall disclose or specify in any consumer re-
port, that the Federal Bureau of Investigation 
has sought or obtained access to information or 
records under subsection (a), (b), or (c). 
‘‘(B) CERTIFICATION.—The requirements 
of subparagraph (A) shall apply if the Director 
of the Federal Bureau of Investigation, or a 
designee of the Director whose rank shall be no 
lower than Deputy Assistant Director at Bu-
reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that, absent a 
prohibition of disclosure under this subsection, 
there may result— 
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‘‘(i) a danger to the national security 
of the United States; 
‘‘(ii) interference with a criminal, 
counterterrorism, or counterintelligence in-
vestigation; 
‘‘(iii) interference with diplomatic re-
lations; or 
‘‘(iv) danger to the life or physical 
safety of any person. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A consumer reporting 
agency, or officer, employee, or agent thereof, 
that receives a request or order under sub-
section (a), (b), or (c) may disclose information 
otherwise subject to any applicable nondisclo-
sure requirement to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest or order; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest or order; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
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‘‘(B) PERSONS NECESSARY FOR COMPLI-
ANCE.—Upon a request by the Director of the 
Federal Bureau of Investigation or the designee 
of the Director, those persons to whom disclo-
sure will be made under subparagraph (A)(i) or 
to whom such disclosure was made before the 
request shall be identified to the Director or the 
designee. 
‘‘(C) NONDISCLOSURE REQUIREMENT.—A 
person to whom disclosure is made under sub-
paragraph (A) shall be subject to the nondisclo-
sure requirements applicable to a person to 
whom a request or order is issued under sub-
section (a), (b), or (c) in the same manner as 
the person to whom the request or order is 
issued. 
‘‘(D) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(3) RIGHT TO JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—A consumer reporting 
agency that receives a request or order under 
subsection (a), (b), or (c) shall have the right 
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to judicial review of any applicable nondisclo-
sure requirement. 
‘‘(B) NOTIFICATION.—A request or order 
under subsection (a), (b), or (c) shall state that 
if the recipient wishes to have a court review a 
nondisclosure requirement, the recipient shall 
notify the Government. 
‘‘(C) INITIATION OF PROCEEDINGS.—If a 
recipient of a request or order under subsection 
(a), (b), or (c) makes a notification under sub-
paragraph (B), the Government shall initiate 
judicial review under the procedures established 
in section 3511 of title 18, United States Code, 
unless an appropriate official of the Federal 
Bureau of Investigation makes a notification 
under paragraph (4). 
‘‘(4) TERMINATION.—In the case of any request 
or order for which a consumer reporting agency has 
submitted a notification under paragraph (3)(B), if 
the facts supporting a nondisclosure requirement 
cease to exist, an appropriate official of the Federal 
Bureau of Investigation shall promptly notify the 
consumer reporting agency, or officer, employee, or 
agent thereof, subject to the nondisclosure require-
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ment that the nondisclosure requirement is no longer 
in effect.’’. 
(c) DISCLOSURES
TO GOVERNMENTAL AGENCIES 
FOR COUNTERTERRORISM PURPOSES.—Section 627 of the 
Fair Credit Reporting Act (15 U.S.C. 1681v) is amended 
by striking subsection (c) and inserting the following: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN
GENERAL.—If a certification is 
issued under subparagraph (B) and notice of 
the right to judicial review under paragraph (3) 
is provided, no consumer reporting agency, or 
officer, employee, or agent thereof, that receives 
a request under subsection (a), shall disclose to 
any person or specify in any consumer report, 
that a government agency has sought or ob-
tained access to information under subsection 
(a). 
‘‘(B) CERTIFICATION.—The requirements 
of subparagraph (A) shall apply if the head of 
a government agency authorized to conduct in-
vestigations of, or intelligence or counterintel-
ligence activities or analysis related to, inter-
national terrorism, or a designee, certifies that, 
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absent a prohibition of disclosure under this 
subsection, there may result— 
‘‘(i) a danger to the national security 
of the United States; 
‘‘(ii) interference with a criminal, 
counterterrorism, or counterintelligence in-
vestigation; 
‘‘(iii) interference with diplomatic re-
lations; or 
‘‘(iv) danger to the life or physical 
safety of any person. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A consumer reporting 
agency, or officer, employee, or agent thereof, 
that receives a request under subsection (a) 
may disclose information otherwise subject to 
any applicable nondisclosure requirement to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the head of the government agency author-
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ized to conduct investigations of, or intel-
ligence or counterintelligence activities or 
analysis related to, international terrorism, 
or a designee. 
‘‘(B) PERSONS NECESSARY FOR COMPLI-
ANCE.—Upon a request by the head of a gov-
ernment agency authorized to conduct inves-
tigations of, or intelligence or counterintel-
ligence activities or analysis related to, inter-
national terrorism, or a designee, those persons 
to whom disclosure will be made under subpara-
graph (A)(i) or to whom such disclosure was 
made before the request shall be identified to 
the head of the government agency or the des-
ignee. 
‘‘(C) NONDISCLOSURE REQUIREMENT.—A 
person to whom disclosure is made under sub-
paragraph (A) shall be subject to the nondisclo-
sure requirements applicable to a person to 
whom a request is issued under subsection (a) 
in the same manner as the person to whom the 
request is issued. 
‘‘(D) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
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disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(3) RIGHT TO JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—A consumer reporting 
agency that receives a request under subsection 
(a) shall have the right to judicial review of any 
applicable nondisclosure requirement. 
‘‘(B) NOTIFICATION.—A request under 
subsection (a) shall state that if the recipient 
wishes to have a court review a nondisclosure 
requirement, the recipient shall notify the gov-
ernment. 
‘‘(C) INITIATION OF PROCEEDINGS.—If a 
recipient of a request under subsection (a) 
makes a notification under subparagraph (B), 
the government shall initiate judicial review 
under the procedures established in section 
3511 of title 18, United States Code, unless an 
appropriate official of the government agency 
authorized to conduct investigations of, or intel-
ligence or counterintelligence activities or anal-
ysis related to, international terrorism makes a 
notification under paragraph (4). 
‘‘(4) TERMINATION.—In the case of any request 
for which a consumer reporting agency has sub-
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mitted a notification under paragraph (3)(B), if the 
facts supporting a nondisclosure requirement cease 
to exist, an appropriate official of the government 
agency authorized to conduct investigations of, or in-
telligence or counterintelligence activities or analysis 
related to, international terrorism shall promptly no-
tify the consumer reporting agency, or officer, em-
ployee, or agent thereof, subject to the nondisclosure 
requirement that the nondisclosure requirement is 
no longer in effect.’’. 
(d) FINANCIAL RECORDS.—Section 1114(a)(5) of the 
Right to Financial Privacy Act of 1978 (12 U.S.C. 
3414(a)(5)) is amended by striking subparagraph (D) and 
inserting the following: 
‘‘(D) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(i) PROHIBITION.— 
‘‘(I) IN
GENERAL.—If a certification is 
issued under subclause (II) and notice of the 
right to judicial review under clause (iii) is pro-
vided, no financial institution, or officer, em-
ployee, or agent thereof, that receives a request 
under subparagraph (A), shall disclose to any 
person that the Federal Bureau of Investigation 
has sought or obtained access to information or 
records under subparagraph (A). 
VerDate Mar 15 2010 
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‘‘(II) CERTIFICATION.—The requirements 
of subclause (I) shall apply if the Director of 
the Federal Bureau of Investigation, or a des-
ignee of the Director whose rank shall be no 
lower than Deputy Assistant Director at Bu-
reau headquarters or a Special Agent in Charge 
of a Bureau field office, certifies that, absent a 
prohibition of disclosure under this subpara-
graph, there may result— 
‘‘(aa) a danger to the national secu-
rity of the United States; 
‘‘(bb) interference with a criminal, 
counterterrorism, or counterintelligence in-
vestigation; 
‘‘(cc) interference with diplomatic re-
lations; or 
‘‘(dd) danger to the life or physical 
safety of any person. 
‘‘(ii) EXCEPTION.— 
‘‘(I) IN GENERAL.—A financial institution, 
or officer, employee, or agent thereof, that re-
ceives a request under subparagraph (A) may 
disclose information otherwise subject to any 
applicable nondisclosure requirement to— 
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‘‘(aa) those persons to whom disclo-
sure is necessary in order to comply with 
the request; 
‘‘(bb) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(cc) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
‘‘(II) PERSONS NECESSARY FOR COMPLI-
ANCE.—Upon a request by the Director of the 
Federal Bureau of Investigation or the designee 
of the Director, those persons to whom disclo-
sure will be made under subclause (I)(aa) or to 
whom such disclosure was made before the re-
quest shall be identified to the Director or the 
designee. 
‘‘(III) NONDISCLOSURE
REQUIREMENT.— 
A person to whom disclosure is made under 
subclause (I) shall be subject to the nondisclo-
sure requirements applicable to a person to 
whom a request is issued under subparagraph 
(A) in the same manner as the person to whom 
the request is issued. 
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(i) the importance of the information 
acquired to the intelligence activities of the 
Federal Bureau of Investigation; 
(ii) the manner in which the informa-
tion is collected, retained, analyzed, and 
disseminated by the Federal Bureau of In-
vestigation, including any direct access to 
the information provided to any other de-
partment, agency, or instrumentality of 
Federal, State, local, or tribal governments 
or any private sector entity; 
(iii) with respect to calendar years 
2010 and 2011, an examination of the 
minimization procedures of the Federal 
Bureau of Investigation used in relation to 
pen registers and trap and trace devices 
under title IV of the Foreign Intelligence 
Surveillance Act of 1978 and whether the 
minimization procedures protect the con-
stitutional rights of United States persons; 
(iv) whether, and how often, the Fed-
eral Bureau of Investigation used informa-
tion acquired under a pen register or trap 
and trace device under title IV of the For-
eign Intelligence Surveillance Act of 1978 
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