[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2088 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2088

    To place reasonable limitations on the use of National Security 
                    Letters, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2007

 Mr. Feingold (for himself, Mr. Sununu, Mr. Durbin, Ms. Murkowski, Mr. 
 Salazar, and Mr. Hagel) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To place reasonable limitations on the use of National Security 
                    Letters, and for other purposes.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Security 
Letter Reform Act of 2007'' or the ``NSL Reform Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title and table of contents.
Sec. 2. National Security Letter authority for communications 
                            subscriber records.
Sec. 3. National Security Letter authority for certain financial 
                            records.
Sec. 4. National Security Letter authority for certain consumer report 
                            records.
Sec. 5. Judicial review of National Security Letters.
Sec. 6. National Security Letter compliance program and tracking 
                            database.
Sec. 7. Public reporting on National Security Letters.
Sec. 8. Sunset of expanded National Security Letter authorities.
Sec. 9. Privacy protections for section 215 business records orders.
Sec. 10. Judicial review of section 215 orders.
Sec. 11. Resources for FISA applications.
Sec. 12. Enhanced protections for emergency disclosures.
Sec. 13. Clarification regarding data retention.
Sec. 14. Least intrusive means.

SEC. 2. NATIONAL SECURITY LETTER AUTHORITY FOR COMMUNICATIONS 
              SUBSCRIBER RECORDS.

    Section 2709 of title 18, United States Code, is amended to read as 
follows:
``Sec. 2709. National Security Letter for communications subscriber 
              records
    ``(a) Authorization.--
            ``(1) In general.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or Special Agent in Charge of a Bureau field 
        office, may issue in writing and cause to be served on a wire 
        or electronic communications service provider a National 
        Security Letter requiring the production of the following:
                    ``(A) The name of the customer or subscriber.
                    ``(B) The address of the customer or subscriber.
                    ``(C) The length of the provision of service by 
                such provider to the customer or subscriber (including 
                start date) and the types of service utilized by the 
                customer or subscriber.
                    ``(D) The telephone number or instrument number, or 
                other subscriber number or identifier, of the customer 
                or subscriber, including any temporarily assigned 
                network address.
                    ``(E) The means and sources of payment for such 
                service (including any credit card or bank account 
                number).
                    ``(F) Information about any service or merchandise 
                orders, including any shipping information and vendor 
                locations.
                    ``(G) The name and contact information, if 
                available, of any other wire or electronic 
                communications service providers facilitating the 
                communications of the customer or subscriber.
            ``(2) Limitation.--A National Security Letter issued 
        pursuant to this section shall not require the production of 
        local or long distance telephone records or electronic 
        communications transactional information not listed in 
        paragraph (1).
    ``(b) Requirements.--
            ``(1) In general.--A National Security Letter shall be 
        issued under subsection (a) only where--
                    ``(A) the records sought are relevant to an 
                ongoing, authorized and specifically identified 
                national security investigation (other than a threat 
                assessment); and
                    ``(B) there are specific and articulable facts 
                providing reason to believe that the records--
                            ``(i) pertain to a suspected agent of a 
                        foreign power; or
                            ``(ii) pertain to an individual who has 
                        been in contact with, or otherwise directly 
                        linked to, a suspected agent of a foreign power 
                        who is the subject of an ongoing, authorized 
                        and specifically identified national security 
                        investigation (other than a threat assessment); 
                        or
                            ``(iii) pertain to the activities of a 
                        suspected agent of a foreign power, where those 
                        activities are the subject of an ongoing, 
                        authorized and specifically identified national 
                        security investigation (other than a threat 
                        assessment), and obtaining the records is the 
                        least intrusive means that could be used to 
                        identify persons believed to be involved in 
                        such activities.
            ``(2) Investigation.--For purposes of this section, an 
        ongoing, authorized, and specifically identified national 
        security investigation--
                    ``(A) shall be conducted under guidelines approved 
                by the Attorney General and Executive Order 12333 (or 
                successor order); and
                    ``(B) shall not be conducted with respect to a 
                United States person upon the basis of activities 
                protected by the first amendment to the Constitution of 
                the United States.
            ``(3) Contents.--A National Security Letter issued under 
        subsection (a) shall--
                    ``(A) describe the records to be produced with 
                sufficient particularity to permit them to be fairly 
                identified;
                    ``(B) include the date on which the records must be 
                provided, which shall allow a reasonable period of time 
                within which the records can be assembled and made 
                available;
                    ``(C) provide clear and conspicuous notice of the 
                principles and procedures set forth in this section, 
                including notification of any nondisclosure requirement 
                under subsection (c) and a statement laying out the 
                rights and responsibilities of the recipient; and
                    ``(D) not contain any requirement that would be 
                held to be unreasonable if contained in a subpoena 
                duces tecum issued by a court of the United States in 
                aid of a grand jury investigation or require the 
                production of any documentary evidence that would be 
                privileged from disclosure if demanded by a subpoena 
                duces tecum issued by a court of the United States in 
                aid of a grand jury investigation.
            ``(4) Retention of records.--The Director of the Federal 
        Bureau of Investigation shall direct that a signed copy of each 
        National Security Letter issued under this section be retained 
        in the database required to be established by section 6 of the 
        National Security Letter Reform Act of 2007.
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) In general.--
                    ``(A) In general.--If a certification is issued 
                pursuant to subparagraph (B), no wire or electronic 
                communication service provider, or officer, employee, 
                or agent thereof, who receives a National Security 
                Letter under this section, shall disclose to any person 
                the particular information specified in such 
                certification for 30 days after receipt of such 
                National Security Letter.
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the Director of the 
                Federal Bureau of Investigation, or a designee of the 
                Director whose rank shall be no lower than Deputy 
                Assistant Director at Bureau headquarters or a Special 
                Agent in charge of a Bureau field office, certifies 
                that--
                            ``(i) there is reason to believe that 
                        disclosure of particular information about the 
                        existence or contents of a National Security 
                        Letter issued under this section will result 
                        in--
                                    ``(I) endangering the life or 
                                physical safety of any person;
                                    ``(II) flight from prosecution;
                                    ``(III) destruction of or tampering 
                                with evidence;
                                    ``(IV) intimidation of potential 
                                witnesses;
                                    ``(V) interference with diplomatic 
                                relations; or
                                    ``(VI) otherwise seriously 
                                endangering the national security of 
                                the United States by alerting a target, 
                                a target's associates, or the foreign 
                                power of which the target is an agent, 
                                of the Government's interest in the 
                                target; and
                            ``(ii) the nondisclosure requirement is 
                        narrowly tailored to address the specific harm 
                        identified by the Government.
                    ``(C) Termination.--If the facts supporting a 
                nondisclosure requirement cease to exist prior to the 
                30-day period specified in subparagraph (A), an 
                appropriate official of the Federal Bureau of 
                Investigation shall promptly notify the wire or 
                electronic service provider, or officer, employee, or 
                agent thereof, subject to the nondisclosure requirement 
                that such nondisclosure requirement is no longer in 
                effect.
            ``(2) Exception.--
                    ``(A) In general.--A wire or electronic 
                communication service provider, or officer, employee, 
                or agent thereof, who receives a National Security 
                Letter under this section may disclose information 
                otherwise subject to any applicable nondisclosure 
                requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with a National 
                        Security Letter under this section;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding such National 
                        Security Letter; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Nondisclosure requirement.--A person to whom 
                disclosure is made pursuant to subparagraph (A) shall 
                be subject to the nondisclosure requirements applicable 
                to a person to whom a National Security Letter is 
                directed under this section in the same manner as such 
                person.
                    ``(C) Notice.--Any recipient who discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                inform such person of the applicable nondisclosure 
                requirement.
            ``(3) Extension.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or a Special Agent in Charge of a Bureau field 
        office, may apply for an order prohibiting disclosure of 
        particular information about the existence or contents of a 
        National Security Letter issued under this section for an 
        additional 180 days.
            ``(4) Jurisdiction.--An application for an order pursuant 
        to this subsection shall be filed in the district court of the 
        United States in any district within which the authorized 
        investigation that is the basis for a request pursuant to this 
        section is being conducted.
            ``(5) Application contents.--An application for an order 
        pursuant to this subsection shall include--
                    ``(A) a statement of specific and articulable facts 
                giving the applicant reason to believe that disclosure 
                of particular information about the existence or 
                contents of a National Security Letter issued under 
                this section will result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations; or
                            ``(vi) otherwise seriously endangering the 
                        national security of the United States by 
                        alerting a target, a target's associates, or 
                        the foreign power of which the target is an 
                        agent, of the Government's interest in the 
                        target; and
                    ``(B) an explanation of how the nondisclosure 
                requirement is narrowly tailored to address the 
                specific harm identified by the Government.
            ``(6) Standard.--The court may issue an ex parte order 
        pursuant to this subsection if the court determines--
                    ``(A) there is reason to believe that disclosure of 
                particular information about the existence or contents 
                of a National Security Letter issued under this section 
                will result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations; or
                            ``(vi) otherwise seriously endangering the 
                        national security of the United States by 
                        alerting a target, a target's associates, or 
                        the foreign power of which the target is an 
                        agent, of the Government's interest in the 
                        target; and
                    ``(B) the nondisclosure requirement is narrowly 
                tailored to address the specific harm identified by the 
                Government.
            ``(7) Renewal.--An order under this subsection may be 
        renewed for additional periods of up to 180 days upon another 
        application meeting the requirements of paragraph (5) and a 
        determination by the court that the circumstances described in 
        paragraph (6) continue to exist.
            ``(8) Termination.--If the facts supporting a nondisclosure 
        requirement cease to exist prior to the expiration of the time 
        period imposed by a court for that nondisclosure requirement, 
        an appropriate official of the Federal Bureau of Investigation 
        shall promptly notify the court, and the court shall terminate 
        such nondisclosure requirement.
    ``(d) Minimization and Destruction.--
            ``(1) In general.--Not later than 180 days after the 
        enactment of this section, the Attorney General shall establish 
        minimization and destruction procedures governing the retention 
        and dissemination by the Federal Bureau of Investigation of any 
        records received by the Federal Bureau of Investigation in 
        response to a National Security Letter under this section.
            ``(2) Definition.--In this section, the term `minimization 
        and destruction procedures' means--
                    ``(A) specific procedures that are reasonably 
                designed in light of the purpose and technique of a 
                National Security Letter, to minimize the retention, 
                and prohibit the dissemination, of nonpublicly 
                available information concerning unconsenting United 
                States persons consistent with the need of the United 
                States to obtain, produce, and disseminate foreign 
                intelligence information, including procedures to 
                ensure that information obtained pursuant to a National 
                Security Letter regarding persons no longer of interest 
                in an authorized investigation, or information obtained 
                pursuant to a National Security Letter that does not 
                meet the requirements of this section or is outside the 
                scope of such National Security Letter, is returned or 
                destroyed;
                    ``(B) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information, as defined in section 
                101(e)(1) of the Foreign Intelligence Surveillance Act 
                of 1978, shall not be disseminated in a manner that 
                identifies any United States person, without such 
                person's consent, unless such person's identity is 
                necessary to understand foreign intelligence 
                information or assess its importance; and
                    ``(C) notwithstanding subparagraphs (A) and (B), 
                procedures that allow for the retention and 
                dissemination of information that is evidence of a 
                crime which has been, is being, or is about to be 
                committed and that is to be retained or disseminated 
                for law enforcement purposes.
    ``(e) Requirement That Certain Congressional Bodies Be Informed.--
            ``(1) In general.--On a semiannual basis the Director of 
        the Federal Bureau of Investigation shall fully inform the 
        Permanent Select Committee on Intelligence of the Senate and 
        the Select Committee on Intelligence of the House of 
        Representatives, and the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives, concerning all requests made under this 
        section.
            ``(2) Contents.--The report required by paragraph (1) shall 
        include--
                    ``(A) a description of the minimization and 
                destruction procedures adopted by the Attorney General 
                pursuant to subsection (d), including any changes to 
                such minimization procedures previously adopted by the 
                Attorney General;
                    ``(B) a summary of the court challenges brought 
                pursuant to section 3511 of title 18, United States 
                Code, by recipients of National Security Letters;
                    ``(C) a description of the extent to which 
                information obtained with National Security Letters 
                under this section has aided intelligence 
                investigations and an explanation of how such 
                information has aided such investigations; and
                    ``(D) a description of the extent to which 
                information obtained with National Security Letters 
                under this section has aided criminal prosecutions and 
                an explanation of how such information has aided such 
                prosecutions.
    ``(f) Use of Information.--
            ``(1) In general.--
                    ``(A) Consent.--Any information acquired from a 
                National Security Letter pursuant to this section 
                concerning any United States person may be used and 
                disclosed by Federal officers and employees without the 
                consent of the United States person only in accordance 
                with the minimization and destruction procedures 
                required by this section.
                    ``(B) Lawful purpose.--No information acquired from 
                a National Security Letter pursuant to this section may 
                be used or disclosed by Federal officers or employees 
                except for lawful purposes.
            ``(2) Disclosure for law enforcement purposes.--No 
        information acquired pursuant to this section shall be 
        disclosed for law enforcement purposes unless such disclosure 
        is accompanied by a statement that such information, or any 
        information derived therefrom, may only be used in a criminal 
        proceeding with the advance authorization of the Attorney 
        General.
            ``(3) Notification of intended disclosure by the united 
        states.--Whenever the United States intends to enter into 
        evidence or otherwise use or disclose in any trial, hearing, or 
        other proceeding in or before any court, department, officer, 
        agency, regulatory body, or other authority of the United 
        States against an aggrieved person any information obtained or 
        derived from a National Security Letter pursuant to this 
        section, the United States shall, before the trial, hearing, or 
        other proceeding or at a reasonable time before an effort to so 
        disclose or so use this information or submit it in evidence, 
        notify the aggrieved person and the court or other authority in 
        which the information is to be disclosed or used that the 
        United States intends to so disclose or so use such 
        information.
            ``(4) Notification of intended disclosure by state or 
        political subdivision.--Whenever any State or political 
        subdivision thereof intends to enter into evidence or otherwise 
        use or disclose in any trial, hearing, or other proceeding in 
        or before any court, department, officer, agency, regulatory 
        body, or other authority of the State or political subdivision 
        thereof against an aggrieved person any information obtained or 
        derived from a National Security Letter pursuant to this 
        section, the State or political subdivision thereof shall 
        notify the aggrieved person, the court or other authority in 
        which the information is to be disclosed or used, and the 
        Attorney General that the State or political subdivision 
        thereof intends to so disclose or so use such information.
            ``(5) Motion to suppress.--
                    ``(A) In general.--Any aggrieved person against 
                whom evidence obtained or derived from a National 
                Security Letter pursuant to this section is to be, or 
                has been, introduced or otherwise used or disclosed in 
                any trial, hearing, or other proceeding in or before 
                any court, department, officer, agency, regulatory 
                body, or other authority of the United States, or a 
                State or political subdivision thereof, may move to 
                suppress the evidence obtained or derived from the 
                National Security Letter, as the case may be, on the 
                grounds that--
                            ``(i) the information was acquired in 
                        violation of the Constitution or laws of the 
                        United States; or
                            ``(ii) the National Security Letter was not 
                        issued in conformity with the requirements of 
                        this section.
                    ``(B) Timing.--A motion under subparagraph (A) 
                shall be made before the trial, hearing, or other 
                proceeding unless there was no opportunity to make such 
                a motion or the aggrieved person concerned was not 
                aware of the grounds of the motion.
            ``(6) Judicial review.--
                    ``(A) In general.--Whenever--
                            ``(i) a court or other authority is 
                        notified pursuant to paragraph (3) or (4);
                            ``(ii) a motion is made pursuant to 
                        paragraph (5); or
                            ``(iii) any motion or request is made by an 
                        aggrieved person pursuant to any other statute 
                        or rule of the United States or any State 
                        before any court or other authority of the 
                        United States or any State to--
                                    ``(I) discover or obtain materials 
                                relating to a National Security Letter 
                                issued pursuant to this section; or
                                    ``(II) discover, obtain, or 
                                suppress evidence or information 
                                obtained or derived from a National 
                                Security Letter issued pursuant to this 
                                section;
                the United States district court or, where the motion 
                is made before another authority, the United States 
                district court in the same district as the authority 
                shall, notwithstanding any other provision of law and 
                if the Attorney General files an affidavit under oath 
                that disclosure would harm the national security of the 
                United States, review in camera the materials as may be 
                necessary to determine whether the request was lawful.
                    ``(B) Disclosure.--In making a determination under 
                subparagraph (A), unless the court finds that such 
                disclosure would not assist in determining any legal or 
                factual issue pertinent to the case, the court shall 
                disclose to the aggrieved person, the counsel of the 
                aggrieved person, or both, under the procedures and 
                standards provided in the Classified Information 
                Procedures Act (18 U.S.C. App.) or other applicable 
                law, portions of the application, order, or other 
                related materials, or evidence or information obtained 
                or derived from the order.
            ``(7) Effect of determination of lawfulness.--
                    ``(A) Unlawful orders.--If the United States 
                district court determines pursuant to paragraph (6) 
                that the National Security Letter was not in compliance 
                with the Constitution or laws of the United States, the 
                court may, in accordance with the requirements of law, 
                suppress the evidence which was unlawfully obtained or 
                derived from the National Security Letter or otherwise 
                grant the motion of the aggrieved person.
                    ``(B) Lawful orders.--If the court determines that 
                the National Security Letter was lawful, it may deny 
                the motion of the aggrieved person except to the extent 
                that due process requires discovery or disclosure.
            ``(8) Binding final orders.--Orders granting motions or 
        requests under paragraph (6), decisions under this section that 
        a National Security Letter was not lawful, and orders of the 
        United States district court requiring review or granting 
        disclosure of applications, orders, or other related materials 
        shall be final orders and binding upon all courts of the United 
        States and the several States except a United States court of 
        appeals or the Supreme Court.
    ``(g) Definitions.--As used in this section--
            ``(1) the term `agent of a foreign power' has the meaning 
        given such term by section 101(b) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1801(b));
            ``(2) the term `aggrieved person' means a person whose 
        information or records were sought or obtained under this 
        section; and
            ``(3) the term `foreign power' has the meaning given such 
        term by section 101(a) of the Foreign Intelligence Surveillance 
        Act of 1978 (50 U.S.C. 1801(a)).''.

SEC. 3. NATIONAL SECURITY LETTER AUTHORITY FOR CERTAIN FINANCIAL 
              RECORDS.

    Section 1114 of the Right to Financial Privacy Act of 1978 (12 
U.S.C. 3414) is amended to read as follows:

``SEC. 1114. NATIONAL SECURITY LETTER FOR CERTAIN FINANCIAL RECORDS.

    ``(a) Authorization.--
            ``(1) In general.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or Special Agent in Charge of a Bureau field 
        office, may issue in writing and cause to be served on a 
        financial institution, a National Security Letter requiring the 
        production of--
                    ``(A) the name of the customer or entity with whom 
                the financial institution has a financial relationship;
                    ``(B) the address of the customer or entity with 
                whom the financial institution has a financial 
                relationship;
                    ``(C) the length of time during which the customer 
                or entity has had an account or other financial 
                relationship with the financial institution (including 
                the start date) and the type of account or other 
                financial relationship; and
                    ``(D) any account number or other unique identifier 
                associated with the financial relationship of the 
                customer or entity to the financial institution.
            ``(2) Limitation.--A National Security Letter issued 
        pursuant to this section may require the production only of 
        records identified in subparagraphs (A) through (D) of 
        paragraph (1).
    ``(b) National Security Letter Requirements.--
            ``(1) In general.--A National Security Letter issued under 
        this section shall be subject to the requirements of 
        subsections (b) through (g) of section 2709 of title 18, United 
        States Code, in the same manner and to the same extent as those 
        provisions apply with respect to wire and electronic 
        communication service providers.
            ``(2) Reporting.--For purposes of this section, the 
        reporting requirement in section 2709(e) of title 18, United 
        States Code, shall also require informing the Committee on 
        Banking, Housing, and Urban Affairs of the Senate and the 
        Committee on Financial Services of the House of 
        Representatives.
    ``(c) Definition of `Financial Institution'.--For purposes of this 
section, section 1115, and section 1117, insofar as they relate to the 
operation of this section, the term `financial institution' has the 
same meaning as in subsections (a)(2) and (c)(1) of section 5312 of 
title 31, except that, for purposes of this section, such term shall 
include only such a financial institution any part of which is located 
inside any State or territory of the United States, the District of 
Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the 
Northern Mariana Islands, or the United States Virgin Islands.''.

SEC. 4. NATIONAL SECURITY LETTER AUTHORITY FOR CERTAIN CONSUMER REPORT 
              RECORDS.

    Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 626. National Security Letters for certain consumer report 
              records'';
            (2) by striking subsections (a) through (d) and inserting 
        the following:
    ``(a) Authorization.--
            ``(1) In general.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director whose rank shall 
        be no lower than Deputy Assistant Director at Bureau 
        headquarters or Special Agent in Charge of a Bureau field 
        office, may issue in writing and cause to be served on a 
        consumer reporting agency a National Security Letter requiring 
        the production of--
                    ``(A) the name of a consumer;
                    ``(B) the current and former address of a consumer;
                    ``(C) the current and former places of employment 
                of a consumer; and
                    ``(D) the names and addresses of all financial 
                institutions (as that term is defined in section 1101 
                of the Right to Financial Privacy Act of 1978) at which 
                a consumer maintains or has maintained an account, to 
                the extent that such information is in the files of the 
                consumer reporting agency.
            ``(2) Limitation.--A National Security Letter issued 
        pursuant to this section may not require the production of a 
        consumer report.
    ``(b) National Security Letter Requirements.--
            ``(1) In general.--A National Security Letter issued under 
        this section shall be subject to the requirements of 
        subsections (b) through (g) of section 2709 of title 18, United 
        States Code, in the same manner and to the same extent as those 
        provisions apply with respect to wire and electronic 
        communication service providers.
            ``(2) Reporting.--For purposes of this section, the 
        reporting requirement in section 2709(e) of title 18, United 
        States Code, shall also require informing the Committee on 
        Banking, Housing, and Urban Affairs of the Senate and the 
        Committee on Financial Services of the House of 
        Representatives.'';
            (3) by striking subsections (f) through (h); and
            (4) by redesignating subsections (e) and (i) through (m) as 
        subsections (c) through (h), respectively.

SEC. 5. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

    (a) Review of Nondisclosure Orders.--Section 3511(b) of title 18, 
United States Code, is amended to read as follows:
    ``(b) Nondisclosure.--
            ``(1) In general.--The recipient of a request for records 
        or other information under section 2709 of this title, section 
        626 of the Fair Credit Reporting Act, section 1114 of the Right 
        to Financial Privacy Act, or section 802(a) of the National 
        Security Act of 1947, may petition any court described in 
        subsection (a) to modify or set aside a nondisclosure 
        requirement imposed in connection with such a request. Such 
        petition shall specify each ground upon which the petitioner 
        relies in seeking relief, and may be based upon any failure of 
        the nondisclosure requirement to comply with the provisions of 
        section 2709 of this title, section 626 of the Fair Credit 
        Reporting Act, section 1114 of the Right to Financial Privacy 
        Act, or section 802(a) of the National Security Act of 1947, or 
        upon any constitutional or other legal right or privilege of 
        such person.
            ``(2) Standard.--The court shall modify or set aside the 
        nondisclosure requirement unless the court determines that--
                    ``(A) there is a reason to believe that disclosure 
                of the information subject to the nondisclosure 
                requirement will result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations; or
                            ``(vi) otherwise seriously endangering the 
                        national security of the United States by 
                        alerting a target, a target's associates, or 
                        the foreign power of which the target is an 
                        agent, of the Government's interest in the 
                        target; and
                    ``(B) the nondisclosure requirement is narrowly 
                tailored to address the specific harm identified by the 
                Government.''.
    (b) Disclosure.--Section 3511(d) of title 18, United States Code, 
is amended to read as follows:
    ``(d) Disclosure.--In making determinations under this section, 
unless the court finds that such disclosure would not assist in 
determining any legal or factual issue pertinent to the case, the court 
shall disclose to the petitioner, the counsel of the petitioner, or 
both, under the procedures and standards provided in the Classified 
Information Procedures Act (18 U.S.C. App.) or other applicable law, 
portions of the application, National Security Letter, or other related 
materials.''.
    (c) Conforming Amendments.--Section 3511 of title 18, United States 
Code, is amended--
            (1) in subsection (a), by--
                    (A) inserting after ``(a)'' the following 
                ``Request.--'';
                    (B) striking ``2709(b)'' and inserting ``2709'';
                    (C) striking ``626(a) or (b) or 627(a)'' and 
                inserting ``626''; and
                    (D) striking ``1114(a)(5)(A)'' and inserting 
                ``1114''; and
            (2) in subsection (c), by--
                    (A) inserting after ``(c)'' the following ``Failure 
                to Comply.--'';
                    (B) by striking ``2709(b)'' and inserting ``2709'';
                    (C) by striking ``626(a) or (b) or 627(a)'' and 
                inserting ``626''; and
                    (D) by striking ``1114(a)(5)(A)'' and inserting 
                ``1114''.
    (d) Repeal.--Section 3511(e) of title 18, United States Code, is 
repealed.

SEC. 6. NATIONAL SECURITY LETTER COMPLIANCE PROGRAM AND TRACKING 
              DATABASE.

    (a) Compliance Program.--The Director of the Federal Bureau of 
Investigation shall establish a program to ensure compliance with the 
amendments made by sections 2, 3, and 4 of this Act.
    (b) Tracking Database.--The compliance program required by 
subsection (a) shall include the establishment of a database, the 
purpose of which shall be to track all National Security Letters issued 
by the Federal Bureau of Investigation under section 1114 of the Right 
to Financial Privacy Act of 1978 (12 U.S.C. 3414), section 626 of the 
Fair Credit Reporting Act (15 U.S.C. 1681u), and section 2709 of title 
18, United States Code.
    (c) Information.--The database required by this section shall 
include--
            (1) a signed copy of each National Security Letter;
            (2) the date the National Security Letter was issued and 
        for what type of information;
            (3) whether the National Security Letter seeks information 
        regarding a United States person or non-United States person;
            (4) the ongoing, authorized, and specifically identified 
        national security investigation (other than a threat 
        assessment) to which the National Security Letter relates;
            (5) whether the National Security Letter seeks information 
        regarding an individual who is the subject of such 
        investigation;
            (6) when the information requested was received and, if 
        applicable, when it was destroyed; and
            (7) whether the information gathered was disclosed for law 
        enforcement purposes.

SEC. 7. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

    Section 118(c) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (Public Law 109-177) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``concerning different United 
                States persons''; and
                    (B) in subparagraph (A), by striking ``, excluding 
                the number of requests for subscriber information'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Content.--The report required by this subsection 
        shall include the total number of requests described in 
        paragraph (1) requiring disclosure of information concerning--
                    ``(A) United States persons;
                    ``(B) non-United States persons;
                    ``(C) persons who are the subjects of authorized 
                national security investigations; and
                    ``(D) persons who are not the subjects of 
                authorized national security investigations.''.

SEC. 8. SUNSET OF EXPANDED NATIONAL SECURITY LETTER AUTHORITIES.

    Subsection 102(b) of Public Law 109-177 is amended to read as 
follows:
    ``(b) Sections 206, 215, 358(g), 505 Sunset.--
            ``(1) In general.--Effective December 31, 2009, the 
        following provisions are amended to read as they read on 
        October 25, 2001--
                    ``(A) sections 501, 502, and 105(c)(2) of the 
                Foreign Intelligence Surveillance Act of 1978;
                    ``(B) section 2709 of title 18, United States Code;
                    ``(C) sections 626 and 627 of the Fair Credit 
                Reporting Act (15 U.S.C. 1681u, 1681v); and
                    ``(D) section 1114 of the Right to Financial 
                Privacy Act (12 U.S.C. 3414).
            ``(2) Exception.--With respect to any particular foreign 
        intelligence investigation that began before the date on which 
        the provisions referred to in paragraph (1) cease to have 
        effect, or with respect to any particular offense or potential 
        offense that began or occurred before the date on which such 
        provisions cease to have effect, such provisions shall continue 
        in effect.''.

SEC. 9. PRIVACY PROTECTIONS FOR SECTION 215 BUSINESS RECORDS ORDERS.

    (a) In General.--Section 501(b) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is amended--
            (1) in paragraph (1)(B), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``, such 
                things being presumptively'' through the end of the 
                subparagraph and inserting a semicolon;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C) and striking the period at the end and 
                inserting ``; and''; and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) a statement of specific and articulable facts 
                providing reason to believe that the tangible things 
                sought--
                            ``(i) pertain to a suspected agent of a 
                        foreign power; or
                            ``(ii) pertain to an individual who has 
                        been in contact with, or otherwise directly 
                        linked to, a suspected agent of a foreign power 
                        if the circumstances of that contact or link 
                        suggest that the records sought will be 
                        relevant to an ongoing, authorized and 
                        specifically identified national security 
                        investigation (other than a threat assessment) 
                        of that suspected agent of a foreign power; 
                        and''; and
            (3) by inserting at the end the following:
            ``(3) if the applicant is seeking a nondisclosure 
        requirement described in subsection (d), shall include--
                    ``(A) a statement of specific and articulable facts 
                providing reason to believe that disclosure of 
                particular information about the existence or contents 
                of the order requiring the production of tangible 
                things under this section will result in--
                            ``(i) endangering the life or physical 
                        safety of any person;
                            ``(ii) flight from prosecution;
                            ``(iii) destruction of or tampering with 
                        evidence;
                            ``(iv) intimidation of potential witnesses;
                            ``(v) interference with diplomatic 
                        relations; or
                            ``(vi) otherwise seriously endangering the 
                        national security of the United States by 
                        alerting a target, a target's associates, or 
                        the foreign power of which the target is an 
                        agent, of the Government's interest in the 
                        target; and
                    ``(B) an explanation of how the nondisclosure 
                requirement is narrowly tailored to address the 
                specific harm identified by the Government.''.
    (b) Order.--Section 501(c) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861(c)) is amended--
            (1) in paragraph (1), by--
                    (A) striking ``subsections (a) and (b)'' and 
                inserting ``subsection (a) and paragraphs (1) and (2) 
                of subsection (b)''; and
                    (B) inserting at the end the following: ``If the 
                judge finds that the requirements of subsection (b)(3) 
                have been met, such order shall include a nondisclosure 
                requirement subject to the principles and procedures 
                described in subsection (d)''; and
            (2) in paragraph (2)(C), by inserting before the semicolon 
        ``, if applicable''.
    (c) Nondisclosure.--Section 501(d) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861(d)) is amended to read as 
follows:
    ``(d) Nondisclosure.--
            ``(1) In general.--No person who receives an order under 
        subsection (c) that contains a nondisclosure requirement shall 
        disclose to any person the particular information specified in 
        such nondisclosure requirement for 180 days after receipt of 
        such order.
            ``(2) Exception.--
                    ``(A) Disclosure.--A person who receives an order 
                under subsection (c) that contains a nondisclosure 
                requirement may disclose information otherwise subject 
                to any applicable nondisclosure requirement to--
                            ``(i) those persons to whom disclosure is 
                        necessary in order to comply with an order 
                        under this section;
                            ``(ii) an attorney in order to obtain legal 
                        advice or assistance regarding such order; or
                            ``(iii) other persons as permitted by the 
                        Director of the Federal Bureau of Investigation 
                        or the designee of the Director.
                    ``(B) Application.--A person to whom disclosure is 
                made pursuant to subparagraph (A) shall be subject to 
                the nondisclosure requirements applicable to a person 
                to whom an order is directed under this section in the 
                same manner as such person.
                    ``(C) Notification.--Any person who discloses to a 
                person described in subparagraph (A) information 
                otherwise subject to a nondisclosure requirement shall 
                notify such person of the applicable nondisclosure 
                requirement.
            ``(3) Extension.--The Director of the Federal Bureau of 
        Investigation, or a designee of the Director (whose rank shall 
        be no lower than Assistant Special Agent in Charge), may apply 
        for renewals for the prohibition on disclosure of particular 
        information about the existence or contents of an order 
        requiring the production of tangible things under this section 
        for additional periods of up to 180 days each. Such 
        nondisclosure requirement shall be renewed if a court having 
        jurisdiction pursuant to paragraph (4) determines that the 
        application meets the requirements of subsection (b)(3).
            ``(4) Jurisdiction.--An application for a renewal pursuant 
        to this subsection shall be made to--
                    ``(A) a judge of the court established under 
                section 103(a); or
                    ``(B) a United States Magistrate Judge under 
                chapter 43 of title 28, who is publicly designated by 
                the Chief Justice of the United States to have the 
                power to hear applications and grant orders for the 
                production of tangible things under this section on 
                behalf of a judge of the court established under 
                section 103(a).''.
    (d) Use of Information.--Section 501(h) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861) is amended to read as 
follows:
    ``(h) Use of Information.--
            ``(1) In general.--
                    ``(A) Consent.--Any tangible things or information 
                acquired from an order pursuant to this section 
                concerning any United States person may be used and 
                disclosed by Federal officers and employees without the 
                consent of the United States person only in accordance 
                with the minimization procedures required by this 
                section.
                    ``(B) Use and disclosure.--No tangible things or 
                information acquired from an order pursuant to this 
                section may be used or disclosed by Federal officers or 
                employees except for lawful purposes.
            ``(2) Disclosure for law enforcement purposes.--No tangible 
        things or information acquired pursuant to this section shall 
        be disclosed for law enforcement purposes unless such 
        disclosure is accompanied by a statement that such tangible 
        things or information, or any information derived therefrom, 
        may only be used in a criminal proceeding with the advance 
        authorization of the Attorney General.
            ``(3) Notification of intended disclosure by the united 
        states.--Whenever the United States intends to enter into 
        evidence or otherwise use or disclose in any trial, hearing, or 
        other proceeding in or before any court, department, officer, 
        agency, regulatory body, or other authority of the United 
        States against an aggrieved person any tangible things or 
        information obtained or derived from an order pursuant to this 
        section, the United States shall, before the trial, hearing, or 
        other proceeding or at a reasonable time before an effort to so 
        disclose or so use the tangible things or information or submit 
        them in evidence, notify the aggrieved person and the court or 
        other authority in which the tangible things or information are 
        to be disclosed or used that the United States intends to so 
        disclose or so use such tangible things or information.
            ``(4) Notification of intended disclosure by state or 
        political subdivision.--Whenever any State or political 
        subdivision thereof intends to enter into evidence or otherwise 
        use or disclose in any trial, hearing, or other proceeding in 
        or before any court, department, officer, agency, regulatory 
        body, or other authority of the State or political subdivision 
        thereof against an aggrieved person any tangible things or 
        information obtained or derived from an order pursuant to this 
        section, the State or political subdivision thereof shall 
        notify the aggrieved person, the court or other authority in 
        which the tangible things or information are to be disclosed or 
        used, and the Attorney General that the State or political 
        subdivision thereof intends to so disclose or so use such 
        tangible things or information.
            ``(5) Motion to suppress.--
                    ``(A) In general.--Any aggrieved person against 
                whom evidence obtained or derived from an order 
                pursuant to this section is to be, or has been, 
                introduced or otherwise used or disclosed in any trial, 
                hearing, or other proceeding in or before any court, 
                department, officer, agency, regulatory body, or other 
                authority of the United States, or a State or political 
                subdivision thereof, may move to suppress the evidence 
                obtained or derived from the order, as the case may be, 
                on the grounds that--
                            ``(i) the tangible things or information 
                        were acquired in violation of the Constitution 
                        or laws of the United States; or
                            ``(ii) the order was not issued in 
                        conformity with the requirements of this 
                        section.
                    ``(B) Timing.--A motion under subparagraph (A) 
                shall be made before the trial, hearing, or other 
                proceeding unless there was no opportunity to make such 
                a motion or the aggrieved person concerned was not 
                aware of the grounds of the motion.
            ``(6) Judicial review.--
                    ``(A) In general.--Whenever--
                            ``(i) a court or other authority is 
                        notified pursuant to paragraph (3) or (4);
                            ``(ii) a motion is made pursuant to 
                        paragraph (5); or
                            ``(iii) any motion or request is made by an 
                        aggrieved person pursuant to any other statute 
                        or rule of the United States or any State 
                        before any court or other authority of the 
                        United States or any State to--
                                    ``(I) discover or obtain 
                                applications, orders, or other 
                                materials relating to an order issued 
                                pursuant to this section; or
                                    ``(II) discover, obtain, or 
                                suppress evidence or information 
                                obtained or derived from an order 
                                issued pursuant to this section;
                the United States district court or, where the motion 
                is made before another authority, the United States 
                district court in the same district as the authority 
                shall, notwithstanding any other provision of law and 
                if the Attorney General files an affidavit under oath 
                that disclosure would harm the national security of the 
                United States, review in camera the application, order, 
                and such other related materials as may be necessary to 
                determine whether the order was lawfully authorized and 
                served.
                    ``(B) Disclosure.--In making a determination under 
                subparagraph (A), unless the court finds that such 
                disclosure would not assist in determining any legal or 
                factual issue pertinent to the case, the court shall 
                disclose to the aggrieved person, the counsel of the 
                aggrieved person, or both, under the procedures and 
                standards provided in the Classified Information 
                Procedures Act (18 U.S.C. App.) or other applicable 
                law, portions of the application, order, or other 
                related materials, or evidence or information obtained 
                or derived from the order.
            ``(7) Effect of determination of lawfulness.--
                    ``(A) Unlawful orders.--If the United States 
                district court determines pursuant to paragraph (6) 
                that the order was not authorized or served in 
                compliance with the Constitution or laws of the United 
                States, the court may, in accordance with the 
                requirements of law, suppress the evidence which was 
                unlawfully obtained or derived from the order or 
                otherwise grant the motion of the aggrieved person.
                    ``(B) Lawful orders.--If the court determines that 
                the order was lawfully authorized and served, it may 
                deny the motion of the aggrieved person except to the 
                extent that due process requires discovery or 
                disclosure.
            ``(8) Binding final orders.--Orders granting motions or 
        requests under paragraph (6), decisions under this section that 
        an order was not lawfully authorized or served, and orders of 
        the United States district court requiring review or granting 
        disclosure of applications, orders, or other related materials 
        shall be final orders and binding upon all courts of the United 
        States and the several States except a United States court of 
        appeals or the Supreme Court.''.
    (e) Definition.--Title V of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861 et seq.) is amended by adding at the end 
the following:

``SEC. 503. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) In general.--Except as provided in this section, 
        terms used in this title that are also used in title I shall 
        have the meanings given such terms by section 101.
            ``(2) Aggrieved person.--The term `aggrieved person' means 
        any person whose tangible things or information were acquired 
        pursuant to an order under this title.''.

SEC. 10. JUDICIAL REVIEW OF SECTION 215 ORDERS.

    Section 501(f) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861) is amended to read as follows:
    ``(f) Judicial Review.--
            ``(1) Order for production.--Not later than 20 days after 
        the service upon any person of an order pursuant to subsection 
        (c), or at any time before the return date specified in the 
        order, whichever period is shorter, such person may file, in 
        the court established under section 103(a) or in the district 
        court of the United States for the judicial district within 
        which such person resides, is found, or transacts business, a 
        petition for such court to modify or set aside such order. The 
        time allowed for compliance with the order in whole or in part 
        as deemed proper and ordered by the court shall not run during 
        the pendency of such petition in the court. Such petition shall 
        specify each ground upon which the petitioner relies in seeking 
        relief, and may be based upon any failure of such order to 
        comply with the provisions of this section or upon any 
        constitutional or other legal right or privilege of such 
        person.
            ``(2) Nondisclosure order.--
                    ``(A) In general.--A person prohibited from 
                disclosing information under subsection (d) may file, 
                in the courts established by section 103(a) or in the 
                district court of the United States for the judicial 
                district within which such person resides, is found, or 
                transacts business, a petition for such court to set 
                aside the nondisclosure requirement. Such petition 
                shall specify each ground upon which the petitioner 
                relies in seeking relief, and may be based upon any 
                failure of the nondisclosure requirement to comply with 
                the provisions of this section or upon any 
                constitutional or other legal right or privilege of 
                such person.
                    ``(B) Standard.--The court shall modify or set 
                aside the nondisclosure requirement unless the court 
                determines that--
                            ``(i) there is reason to believe that 
                        disclosure of the information subject to the 
                        nondisclosure requirement will result in--
                                    ``(I) endangering the life or 
                                physical safety of any person;
                                    ``(II) flight from prosecution;
                                    ``(III) destruction of or tampering 
                                with evidence;
                                    ``(IV) intimidation of potential 
                                witnesses;
                                    ``(V) interference with diplomatic 
                                relations; or
                                    ``(VI) otherwise seriously 
                                endangering the national security of 
                                the United States by alerting a target, 
                                a target's associates, or the foreign 
                                power of which the target is an agent, 
                                of the Government's interest in the 
                                target; and
                            ``(ii) the nondisclosure requirement is 
                        narrowly tailored to address the specific harm 
                        identified by the Government.
            ``(3) Rulemaking.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the National Security Letter 
                Reform Act of 2007, the courts established pursuant to 
                section 103(a) shall establish such rules and 
                procedures and take such actions as are reasonably 
                necessary to administer their responsibilities under 
                this subsection.
                    ``(B) Reporting.--Not later than 30 days after 
                promulgating rules and procedures under subparagraph 
                (A), the courts established pursuant to section 103(a) 
                shall transmit a copy of the rules and procedures, 
                unclassified to the greatest extent possible (with a 
                classified annex, if necessary), to the Committee on 
                the Judiciary and the Select Committee on Intelligence 
                of the Senate and the Committee on the Judiciary and 
                the Permanent Select Committee on Intelligence of the 
                House of Representatives.
            ``(4) Disclosures to petitioners.--In making determinations 
        under this subsection, unless the court finds that such 
        disclosure would not assist in determining any legal or factual 
        issue pertinent to the case, the court shall disclose to the 
        petitioner, the counsel of the petitioner, or both, under the 
        procedures and standards provided in the Classified Information 
        Procedures Act (18 U.S.C. App.) or other applicable law, 
        portions of the application, order, or other related 
        materials.''.

SEC. 11. RESOURCES FOR FISA APPLICATIONS.

    (a) Electronic Filing.--
            (1) In general.--The Department of Justice shall establish 
        a secure electronic system for the submission of documents and 
        other information to the court established under section 103(a) 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1803) relating to applications for orders under chapter 36 of 
        title 50, authorizing electronic surveillance, physical 
        searches, the use of pen register and trap and trace devices, 
        and the production of tangible things.
            (2) Funding source.--Section 1103(4) of the Violence 
        Against Women and Department of Justice Reauthorization Act of 
        2005 is amended--
                    (A) in subparagraph (C), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (D), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) $5,000,000 for the implementation of the 
                secure electronic filing system established by Section 
                11(a)(1) of the National Security Letter Reform Act.''.
    (b) Personnel and Information Technology Needs.--
            (1) Office of intelligence policy and review.--
                    (A) In general.--The Office of Intelligence Policy 
                and Review of the Department of Justice may hire 
                personnel and procure information technology, as 
                needed, to ensure the timely and efficient processing 
                of applications to the court established under section 
                103(a) of the Foreign Intelligence Surveillance Act of 
                1978 (50 U.S.C. 1803).
                    (B) Funding source.--
                            (i) Section 1103(4) of the Violence Against 
                        Women and Department of Justice Reauthorization 
                        Act of 2005 is amended--
                                    (I) in subparagraph (D), by 
                                striking ``and'' after the semicolon;
                                    (II) in subparagraph (E), by 
                                striking the period and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                    ``(F) not to exceed $3,000,000 for the personnel 
                and information technology as specified in Section 
                11(b)(1)(A) of the National Security Letter Reform 
                Act.''.
                            (ii) Section 1104(4) of the Violence 
                        Against Women and Department of Justice 
                        Reauthorization Act of 2005 is amended--
                                    (I) in subparagraph (C), by 
                                striking ``and'' after the semicolon;
                                    (II) in subparagraph (D), by 
                                striking the period and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                    ``(E) not to exceed $3,000,000 for the personnel 
                and information technology as specified in Section 
                11(b)(1)(A) of the National Security Letter Reform 
                Act.''.
            (2) FBI.--
                    (A) In general.--The Federal Bureau of 
                Investigation may hire personnel and procure 
                information technology, as needed, to ensure the timely 
                and efficient processing of applications to the Foreign 
                Intelligence Surveillance Court.
                    (B) Funding source.--
                            (i) Section 1103(7) of the Violence Against 
                        Women and Department of Justice Reauthorization 
                        Act of 2005 is amended by inserting before the 
                        period the following: ``, and which shall 
                        include not to exceed $3,000,000 for the 
                        personnel and information technology as 
                        specified in Section 11(b)(2)(A) of the 
                        National Security Letter Reform Act''.
                            (ii) Section 1104(7) of the Violence 
                        Against Women and Department of Justice 
                        Reauthorization Act of 2005 is amended by 
                        inserting before the period the following: ``, 
                        and which shall include not to exceed 
                        $3,000,000 for the personnel and information 
                        technology as specified in Section 11(b)(2)(A) 
                        of the National Security Letter Reform Act''.

SEC. 12. ENHANCED PROTECTIONS FOR EMERGENCY DISCLOSURES.

    (a) Stored Communications Act.--Section 2702 of title 18, United 
States Code is amended--
            (1) in subsection (b)(8), by--
                    (A) striking ``, in good faith,'' and inserting 
                ``reasonably'';
                    (B) inserting ``immediate'' after ``involving''; 
                and
                    (C) adding before the period: ``, subject to the 
                limitations of subsection (d) of this section;'';
            (2) in subsection (c)(4) by--
                    (A) striking ``. in good faith,'' and inserting 
                ``reasonably'';
                    (B) inserting ``immediate'' after ``involving''; 
                and
                    (C) adding before the period: ``, subject to the 
                limitations of subsection (d) of this section.'';
            (3) redesignating subsection (d) as subsection (e) and 
        adding after subsection (c) the following:
    ``(d) Requirement.--
            ``(1) Request.--If a governmental entity requests that a 
        provider divulge information pursuant to subsection (b)(8) or 
        (c)(4), the request shall specify that the disclosure is on a 
        voluntary basis and shall document the factual basis for 
        believing that an emergency involving immediate danger of death 
        or serious physical injury to any person requires disclosure 
        without delay of the information.
            ``(2) Notice to court.--Within 5 days of obtaining access 
        to records under subsection (b)(8) or (c)(4), the governmental 
        entity shall file with the appropriate court a signed, sworn 
        statement of a supervisory official of a rank designated by the 
        head of the governmental entity setting forth the grounds for 
        the emergency access.''; and
            (4) in subsection (e), as redesignated in paragraphs (1) 
        and (2), by striking ``subsection (b)(8)'' and inserting 
        ``subsections (b)(8) and (c)(4)''.
    (b) Right to Financial Privacy Act.--
            (1) Emergency disclosures.--The Right to Financial Privacy 
        Act of 1978 (12 U.S.C. 3401 et seq.) is amended by inserting 
        after section 1120 the following:

``SEC. 1121. EMERGENCY DISCLOSURES.

    ``(a) In General.--
            ``(1) Standard.--A financial institution (as defined in 
        section 1114(c)) may divulge a record described in section 
        1114(a) pertaining to a customer to a Government authority, if 
        the financial institution reasonably believes that an emergency 
        involving immediate danger of death or serious physical injury 
        to any person requires disclosure without delay of information 
        relating to the emergency.
            ``(2) Notice in request.--If a Government authority 
        requests that a financial institution divulge information 
        pursuant to this section, the request shall specify that the 
        disclosure is on a voluntary basis, and shall document the 
        factual basis for believing that an emergency involving 
        immediate danger of death or serious physical injury to any 
        person requires disclosure without delay of the information.
    ``(b) Certificate.--In the instances specified in subsection (a), 
the Government shall submit to the financial institution the 
certificate required in section 1103(b), signed by a supervisory 
official of a rank designated by the head of the Government authority.
    ``(c) Notice to Court.--Within 5 days of obtaining access to 
financial records under this section, the Government authority shall 
file with the appropriate court a signed, sworn statement of a 
supervisory official of a rank designated by the head of the Government 
authority setting forth the grounds for the emergency access. The 
Government authority shall thereafter comply with the notice provisions 
of section 1109.
    ``(d) Reporting of Emergency Disclosures.--On an annual basis, the 
Attorney General of the United States shall submit to the Committee on 
the Judiciary and the Committee on Financial Services of the House of 
Representatives and the Committee on the Judiciary and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a report containing--
            ``(1) the number of individuals for whom the Department of 
        Justice has received voluntary disclosures under this section; 
        and
            ``(2) a summary of the bases for disclosure in those 
        instances where--
                    ``(A) voluntary disclosures under this section were 
                made to the Department of Justice; and
                    ``(B) the investigation pertaining to those 
                disclosures was closed without the filing of criminal 
                charges.''.
            (2) Conforming amendments.--The Right to Financial Privacy 
        Act of 1978 (12 U.S.C. 3401 et seq.) is amended--
                    (A) in section 1102 (12 U.S.C. 3402), by striking 
                ``or 1114'' and inserting ``1114, or 1121''; and
                    (B) in section 1109(c) (12 U.S.C. 3409(c)), by 
                striking ``1114(b)'' and inserting ``1121''.
    (c) Fair Credit Reporting Act.--Section 627 of the Fair Credit 
Reporting Act (15 U.S.C. 1681v) is amended to read as follows:

``SEC. 627. EMERGENCY DISCLOSURES.

    ``(a) In General.--
            ``(1) Standard.--A consumer reporting agency may divulge 
        identifying information respecting any consumer, limited to the 
        name, address, former addresses, places of employment, or 
        former places of employment of the consumer, to a Government 
        agency, if the consumer reporting agency reasonably believes 
        that an emergency involving immediate danger of death or 
        serious physical injury to any person requires disclosure 
        without delay of information relating to the emergency.
            ``(2) Notice in request.--If a Government agency requests 
        that a consumer reporting agency divulge information pursuant 
        to this section, the request shall specify that the disclosure 
        is on a voluntary basis, and shall document the factual basis 
        for believing that an emergency involving immediate danger of 
        death or serious physical injury to any person requires 
        disclosure without delay of the information.
    ``(b) Notice to Court.--Within 5 days of obtaining access to 
identifying information under this section, the Government agency shall 
file with the appropriate court a signed, sworn statement of a 
supervisory official of a rank designated by the head of the Government 
agency setting forth the grounds for the emergency access.
    ``(c) Reporting of Emergency Disclosures.--On an annual basis, the 
Attorney General of the United States shall submit to the Committee on 
the Judiciary and the Committee on Financial Services of the House of 
Representatives and the Committee on the Judiciary and the Committee on 
Banking, Housing, and Urban Affairs of the Senate a report containing--
            ``(1) the number of individuals for whom the Department of 
        Justice has received voluntary disclosures under this section; 
        and
            ``(2) a summary of the bases for disclosure in those 
        instances where--
                    ``(A) voluntary disclosures under this section were 
                made to the Department of Justice; and
                    ``(B) the investigation pertaining to those 
                disclosures was closed without the filing of criminal 
                charges.''.

SEC. 13. CLARIFICATION REGARDING DATA RETENTION.

    Subsection 2703(f) of title 18, United States Code, is amended by 
adding at the end the following:
            ``(3) A provider of wire or electronic communications 
        services or a remote computing service who has received a 
        request under this subsection shall not disclose the records 
        referred to in paragraph (1) until such provider has received a 
        court order or other process.''.

SEC. 14. LEAST INTRUSIVE MEANS.

    (a) Guidelines.--
            (1) In general.--The Attorney General shall issue 
        guidelines (consistent with Executive Order 12333 or successor 
        order) instructing that when choices are available between the 
        use of information collection methods in national security 
        investigations that are more or less intrusive, the least 
        intrusive collection techniques feasible are to be used.
            (2) Specific collection techniques.--The guidelines 
        required by this section shall provide guidance with regard to 
        specific collection techniques, including the use of national 
        security letters, considering such factors as--
                    (A) the effect on the privacy of individuals;
                    (B) the potential damage to reputation of 
                individuals; and
                    (C) any special First Amendment concerns relating 
                to a potential recipient of a National Security Letter 
                or other legal process, including a direction that 
                prior to issuing such National Security Letter or other 
                legal process to a library or bookseller, investigative 
                procedures aimed at obtaining the relevant information 
                from entities other than a library or bookseller be 
                utilized and have failed, or reasonably appear to be 
                unlikely to succeed if tried or endanger lives if 
                tried.
    (b) Definitions.--In this section:
            (1) Bookseller.--The term ``bookseller'' means a person or 
        entity engaged in the sale, rental, or delivery of books, 
        journals, magazines, or other similar forms of communication in 
        print or digitally.
            (2) Library.--The term ``library'' means a library (as that 
        term is defined in section 213(2) of the Library Services and 
        Technology Act (20 U.S.C. 9122(2))) whose services include 
        access to the Internet, books, journals, magazines, newspapers, 
        or other similar forms of communication in print or digitally 
        to patrons for their use, review, examination, or circulation.
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