[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3969 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3969
To extend and modify certain provisions of the Foreign Intelligence
Surveillance Act of 1978 relating to combating terrorism.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 29, 2009
Mr. Reyes (for himself, Mr. Hastings of Florida, Mr. Ruppersberger, and
Mr. Boren) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Financial Services and Select Intelligence (Permanent Select), for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To extend and modify certain provisions of the Foreign Intelligence
Surveillance Act of 1978 relating to combating terrorism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Counterterrorism Authorities
Improvements Act of 2009''.
SEC. 2. EXTENSION OF SUNSET OF CERTAIN PROVISIONS OF USA PATRIOT ACT.
(a) USA PATRIOT Improvement and Reauthorization Act of 2005.--
Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization
Act of 2005 (18 U.S.C. 2510 note; Public Law 109-177) is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2013''.
(b) Intelligence Reform and Terrorism Prevention Act of 2004.--
Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 1801 note; Public Law 108-458) is amended by
striking ``December 31, 2009'' and inserting ``December 31, 2013''.
SEC. 3. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 501 OF THE
FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) Factual Basis for and Issuance of Orders.--Section 501 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph (A)--
(i) by striking ``a statement of facts
showing'' and inserting ``a statement of the
facts and circumstances relied upon by the
applicant to justify the belief of the
applicant''; and
(ii) by striking ``clandestine intelligence
activities,'' and all that follows and
inserting ``clandestine intelligence
activities;''; and
(B) by striking subparagraph (B) and inserting the
following new subparagraph:
``(B) a statement of proposed minimization
procedures.''; and
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``and that the proposed
minimization procedures meet the definition of
minimization procedures under subsection (g)''
after ``subsections (a) and (b)''; and
(ii) by striking the second sentence; and
(B) in paragraph (2)--
(i) in subparagraph (D), by striking
``and'' at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting a semicolon;
and
(iii) by adding at the end the following:
``(F) shall direct that the minimization procedures
be followed; and''.
(b) Disclosure of Requests.--Such section 501 is further amended--
(1) in subsection (b)--
(A) in paragraph (2)(B), by striking
``application.'' and inserting ``application; and'';
and
(B) by adding at the end the following new
paragraph:
``(3) may include a request that such order prohibit any
person from disclosing to any other person that the Federal
Bureau of Investigation has sought or obtained tangible things
pursuant to such order for a particular period of time, other
than in accordance with subsection (d).'';
(2) in subsection (c)(2), by adding at the end the
following new subparagraph:
``(G) if--
``(i) such application includes a request
for a prohibition in accordance with subsection
(b)(3), and
``(ii) the judge finds that there is reason
to believe that the disclosure of the order
will result in--
``(I) a danger to the national
security of the United States,
``(II) interference with a
criminal, counterterrorism, or
counterintelligence investigation,
``(III) interference with
diplomatic relations, or
``(IV) danger to the life or
physical safety of any person,
shall prohibit any person from disclosing to any other
person that the Federal Bureau of Investigation has
sought or obtained tangible things pursuant to such
order for an appropriate period of time as determined
by the judge, except in accordance with subsection
(d).'';
(3) in subsection (d)(1)--
(A) by striking ``No person'' and inserting ``If an
order under this section includes a prohibition
referred to in subsection (c)(2)(G), no person''; and
(B) by striking ``an order under this section'' and
inserting ``such order during the period of time such
prohibition is effective under such order''; and
(4) in subsection (f)(1)(B), by striking ``an order imposed
under subsection (d)'' and inserting ``a prohibition referred
to in subsection (c)(2)(G) included in an order under this
section''.
(c) Audit.--Section 106A of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (Public Law 109-177; 120 Stat. 200) is
amended--
(1) in subsection (b)(1), by striking ``2006'' and
inserting ``2013'';
(2) in subsection (c), by adding at the end the following
new paragraphs:
``(3) Calendar years 2007, 2008, and 2009.--Not later than
December 31, 2010, the Inspector General of the Department of
Justice shall submit to the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under this
section for calendar years 2007, 2008, and 2009.
``(4) Calendar years 2010 and 2011.--Not later than
December 31, 2012, the Inspector General of the Department of
Justice shall submit to the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under this
section for calendar years 2010 and 2011.
``(5) Calendar years 2012 and 2013.--Not later than
December 31, 2014, the Inspector General of the Department of
Justice shall submit to the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under this
section for calendar years 2012 and 2013.'';
(3) in subsection (d)--
(A) in paragraph (1) by striking ``subsection
(c)(1) or (c)(2)'' and inserting ``paragraph (1), (2),
(3), (4), or (5) of subsection (c)''; and
(B) in paragraph (2), by striking ``subsections
(c)(1) and (c)(2)'' and inserting ``paragraph (1), (2),
(3), (4), or (5) of subsection (c)''; and
(4) in subsection (e), by striking ``subsections (c)(1) and
(c)(2)'' and inserting ``paragraph (1), (2), (3), (4), or (5)
of subsection (c)''.
SEC. 4. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY LETTERS.
(a) FISA.--Section 501(f)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) in the first sentence, by striking ``a
production order'' and inserting ``a production
order or nondisclosure order''; and
(ii) in the second sentence, by striking
``Not less than 1 year'' and all that follows;
and
(B) in clause (ii) in the third sentence, by
striking ``production order or nondisclosure''; and
(2) in subparagraph (C)--
(A) by striking clause (ii); and
(B) by redesignating clause (iii) as clause (ii).
(b) Judicial Review of National Security Letters.--Section 3511(b)
of title 18, United States Code, is amended to read as follows:
``(b) Nondisclosure.--
``(1) In general.--
``(A) Notice.--If a recipient of a request or order
for a report, records, or other information under
section 2709 of this title, section 626 or 627 of the
Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v),
section 1114 of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414), or section 802 of the National
Security Act of 1947 (50 U.S.C. 436), wishes to have a
court review a nondisclosure requirement imposed in
connection with the request or order, the recipient
shall notify the Government.
``(B) Application.--Not later than 30 days after
the date of receipt of a notification under
subparagraph (A), the Government shall apply for an
order prohibiting the disclosure of the existence or
contents of the relevant request or order. An
application under this subparagraph may be filed in the
district court of the United States for any district
within which the authorized investigation that is the
basis for the request or order is being conducted. The
applicable nondisclosure requirement shall remain in
effect during the pendency of proceedings relating to
the requirement.
``(C) Consideration.--A district court of the
United States that receives an application under
subparagraph (B) should rule expeditiously, and shall,
subject to paragraph (3), issue a nondisclosure order
that includes conditions appropriate to the
circumstances.
``(2) Application contents.--An application for a
nondisclosure order or extension thereof under this subsection
shall include a certification from the Attorney General, Deputy
Attorney General, an Assistant Attorney General, or the
Director of the Federal Bureau of Investigation, or in the case
of a request by a department, agency, or instrumentality of the
Federal Government other than the Department of Justice, the
head or deputy head of the department, agency, or
instrumentality, containing a statement of specific and
articulable facts indicating that, absent a prohibition of
disclosure under this subsection, there may result--
``(A) a danger to the national security of the
United States;
``(B) interference with a criminal,
counterterrorism, or counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.
``(3) Standard.--A district court of the United States
shall issue a nondisclosure requirement order or extension
thereof under this subsection if the court determines, giving
substantial weight to the certification under paragraph (2)
that there is reason to believe that disclosure of the
information subject to the nondisclosure requirement during the
applicable time period will result in--
``(A) a danger to the national security of the
United States;
``(B) interference with a criminal,
counterterrorism, or counterintelligence investigation;
``(C) interference with diplomatic relations; or
``(D) danger to the life or physical safety of any
person.''.
(c) Minimization.--Section 501(g)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(g)(1)) is amended by striking
``Not later than'' and all that follows and inserting ``At or before
the end of the period of time for the production of tangible things
under an order approved under this section or at any time after the
production of tangible things under an order approved under this
section, a judge may assess compliance with the minimization procedures
by reviewing the circumstances under which information concerning
United States persons was retained or disseminated.''.
SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY LETTERS.
(a) In General.--Section 2709 of title 18, United States Code, is
amended by striking subsection (c) and inserting the following:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued
under subparagraph (B) and notice of the right to
judicial review under paragraph (3) is provided, no
wire or electronic communication service provider, or
officer, employee, or agent thereof, that receives a
request under subsection (a), shall disclose to any
person that the Director of the Federal Bureau of
Investigation has sought or obtained access to
information or records under this section.
``(B) Certification.--The requirements of
subparagraph (A) shall apply if the Director of the
Federal Bureau of Investigation, or a designee of the
Director whose rank shall be no lower than Deputy
Assistant Director at Bureau headquarters or a Special
Agent in Charge of a Bureau field office, certifies
that, absent a prohibition of disclosure under this
subsection, there may result--
``(i) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A wire or electronic
communication service provider, or officer, employee,
or agent thereof, that receives a request under
subsection (a) may disclose information otherwise
subject to any applicable nondisclosure requirement
to--
``(i) those persons to whom disclosure is
necessary in order to comply with the request;
``(ii) an attorney in order to obtain legal
advice or assistance regarding the request; or
``(iii) other persons as permitted by the
Director of the Federal Bureau of Investigation
or the designee of the Director.
``(B) Persons necessary for compliance.--Upon a
request by the Director of the Federal Bureau of
Investigation or the designee of the Director, those
persons to whom disclosure will be made under
subparagraph (A)(i) or to whom such disclosure was made
before the request shall be identified to the Director
or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be
subject to the nondisclosure requirements applicable to
a person to whom a request is issued under subsection
(a) in the same manner as the person to whom the
request is issued.
``(D) Notice.--Any recipient that discloses to a
person described in subparagraph (A) information
otherwise subject to a nondisclosure requirement shall
inform the person of the applicable nondisclosure
requirement.
``(3) Right to judicial review.--
``(A) In general.--A wire or electronic
communications service provider that receives a request
under subsection (a) shall have the right to judicial
review of any applicable nondisclosure requirement.
``(B) Notification.--A request under subsection (a)
shall--
``(i) state that if the recipient wishes to
have a court review a nondisclosure
requirement, the recipient shall provide notice
to the Government in accordance with section
3511(b)(1)(A); and
``(ii) describe the procedures for
providing such notice.
``(C) Initiation of proceedings.--If a recipient of
a request under subsection (a) makes a notification
under subparagraph (B), the Government shall initiate
judicial review under the procedures established in
section 3511 of this title, unless an appropriate
official of the Federal Bureau of the Investigation
makes a notification under paragraph (4).
``(4) Termination.--In the case of any request for which a
recipient has submitted a notification under paragraph (3)(B),
if the facts supporting a nondisclosure requirement cease to
exist, an appropriate official of the Federal Bureau of
Investigation shall promptly notify the wire or electronic
service provider, or officer, employee, or agent thereof,
subject to the nondisclosure requirement that the nondisclosure
requirement is no longer in effect.''.
(b) Identity of Financial Institutions and Credit Reports.--Section
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by
striking subsection (d) and inserting the following:
``(d) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued
under subparagraph (B) and notice of the right to
judicial review under paragraph (3) is provided, no
consumer reporting agency, or officer, employee, or
agent thereof, that receives a request or order under
subsection (a), (b), or (c), shall disclose or specify
in any consumer report, that the Federal Bureau of
Investigation has sought or obtained access to
information or records under subsection (a), (b), or
(c).
``(B) Certification.--The requirements of
subparagraph (A) shall apply if the Director of the
Federal Bureau of Investigation, or a designee of the
Director whose rank shall be no lower than Deputy
Assistant Director at Bureau headquarters or a Special
Agent in Charge of a Bureau field office, certifies
that, absent a prohibition of disclosure under this
subsection, there may result--
``(i) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency, or
officer, employee, or agent thereof, that receives a
request or order under subsection (a), (b), or (c) may
disclose information otherwise subject to any
applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is
necessary in order to comply with the request
or order;
``(ii) an attorney in order to obtain legal
advice or assistance regarding the request or
order; or
``(iii) other persons as permitted by the
Director of the Federal Bureau of Investigation
or the designee of the Director.
``(B) Persons necessary for compliance.--Upon a
request by the Director of the Federal Bureau of
Investigation or the designee of the Director, those
persons to whom disclosure will be made under
subparagraph (A)(i) or to whom such disclosure was made
before the request shall be identified to the Director
or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be
subject to the nondisclosure requirements applicable to
a person to whom a request or order is issued under
subsection (a), (b), or (c) in the same manner as the
person to whom the request or order is issued.
``(D) Notice.--Any recipient that discloses to a
person described in subparagraph (A) information
otherwise subject to a nondisclosure requirement shall
inform the person of the applicable nondisclosure
requirement.
``(3) Right to judicial review.--
``(A) In general.--A consumer reporting agency that
receives a request or order under subsection (a), (b),
or (c) shall have the right to judicial review of any
applicable nondisclosure requirement.
``(B) Notification.--A request under subsection
(a), (b), or (c) shall--
``(i) state that if the recipient wishes to
have a court review a nondisclosure
requirement, the recipient shall provide notice
to the Government in accordance with section
3511(b)(1)(A) of title 18, United States Code;
and
``(ii) describe the procedures for
providing such notice.
``(C) Initiation of proceedings.--If a recipient of
a request or order under subsection (a), (b), or (c)
makes a notification under subparagraph (B), the
Government shall initiate judicial review under the
procedures established in section 3511 of title 18,
United States Code, unless an appropriate official of
the Federal Bureau of Investigation makes a
notification under paragraph (4).
``(4) Termination.--In the case of any request or order for
which a consumer reporting agency has submitted a notification
under paragraph (3)(B), if the facts supporting a nondisclosure
requirement cease to exist, an appropriate official of the
Federal Bureau of Investigation shall promptly notify the
consumer reporting agency, or officer, employee, or agent
thereof, subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
(c) Disclosures to Governmental Agencies for Counterterrorism
Purposes.--Section 627 of the Fair Credit Reporting Act (15 U.S.C.
1681v) is amended by striking subsection (c) and inserting the
following:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued
under subparagraph (B) and notice of the right to
judicial review under paragraph (3) is provided, no
consumer reporting agency, or officer, employee, or
agent thereof, that receives a request under subsection
(a), shall disclose to any person or specify in any
consumer report, that a government agency has sought or
obtained access to information under subsection (a).
``(B) Certification.--The requirements of
subparagraph (A) shall apply if the head of a
government agency authorized to conduct investigations
of, or intelligence or counterintelligence activities
or analysis related to, international terrorism, or a
designee, certifies that, absent a prohibition of
disclosure under this subsection, there may result--
``(i) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A consumer reporting agency, or
officer, employee, or agent thereof, that receives a
request under subsection (a) may disclose information
otherwise subject to any applicable nondisclosure
requirement to--
``(i) those persons to whom disclosure is
necessary in order to comply with the request;
``(ii) an attorney in order to obtain legal
advice or assistance regarding the request; or
``(iii) other persons as permitted by the
head of the government agency authorized to
conduct investigations of, or intelligence or
counterintelligence activities or analysis
related to, international terrorism, or a
designee.
``(B) Persons necessary for compliance.--Upon a
request by the head of a government agency authorized
to conduct investigations of, or intelligence or
counterintelligence activities or analysis related to,
international terrorism, or a designee, those persons
to whom disclosure will be made under subparagraph
(A)(i) or to whom such disclosure was made before the
request shall be identified to the head of the
government agency or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be
subject to the nondisclosure requirements applicable to
a person to whom a request is issued under subsection
(a) in the same manner as the person to whom the
request is issued.
``(D) Notice.--Any recipient that discloses to a
person described in subparagraph (A) information
otherwise subject to a nondisclosure requirement shall
inform the person of the applicable nondisclosure
requirement.
``(3) Right to judicial review.--
``(A) In general.--A consumer reporting agency that
receives a request under subsection (a) shall have the
right to judicial review of any applicable
nondisclosure requirement.
``(B) Notification.--A request under subsection (a)
shall--
``(i) state that if the recipient wishes to
have a court review a nondisclosure
requirement, the recipient shall provide notice
to the Government in accordance with section
3511(b)(1)(A) of title 18, United States Code;
and
``(ii) describe the procedures for
providing such notice.
``(C) Initiation of proceedings.--If a recipient of
a request under subsection (a) makes a notification
under subparagraph (B), the government shall initiate
judicial review under the procedures established in
section 3511 of title 18, United States Code, unless an
appropriate official of the government agency
authorized to conduct investigations of, or
intelligence or counterintelligence activities or
analysis related to, international terrorism makes a
notification under paragraph (4).
``(4) Termination.--In the case of any request for which a
consumer reporting agency has submitted a notification under
paragraph (3)(B), if the facts supporting a nondisclosure
requirement cease to exist, an appropriate official of the
government agency authorized to conduct investigations of, or
intelligence or counterintelligence activities or analysis
related to, international terrorism shall promptly notify the
consumer reporting agency, or officer, employee, or agent
thereof, subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
(d) Financial Records.--Section 1114(a)(5) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is amended by
striking subparagraph (D) and inserting the following:
``(D) Prohibition of Certain Disclosure.--
``(i) Prohibition.--
``(I) In general.--If a certification is issued
under subclause (II) and notice of the right to
judicial review under clause (iii) is provided, no
financial institution, or officer, employee, or agent
thereof, that receives a request under subparagraph
(A), shall disclose to any person that the Federal
Bureau of Investigation has sought or obtained access
to information or records under subparagraph (A).
``(II) Certification.--The requirements of
subclause (I) shall apply if the Director of the
Federal Bureau of Investigation, or a designee of the
Director whose rank shall be no lower than Deputy
Assistant Director at Bureau headquarters or a Special
Agent in Charge of a Bureau field office, certifies
that, absent a prohibition of disclosure under this
subparagraph, there may result--
``(aa) a danger to the national security of
the United States;
``(bb) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(cc) interference with diplomatic
relations; or
``(dd) danger to the life or physical
safety of any person.
``(ii) Exception.--
``(I) In general.--A financial institution, or
officer, employee, or agent thereof, that receives a
request under subparagraph (A) may disclose information
otherwise subject to any applicable nondisclosure
requirement to--
``(aa) those persons to whom disclosure is
necessary in order to comply with the request;
``(bb) an attorney in order to obtain legal
advice or assistance regarding the request; or
``(cc) other persons as permitted by the
Director of the Federal Bureau of Investigation
or the designee of the Director.
``(II) Persons necessary for compliance.--Upon a
request by the Director of the Federal Bureau of
Investigation or the designee of the Director, those
persons to whom disclosure will be made under subclause
(I)(aa) or to whom such disclosure was made before the
request shall be identified to the Director or the
designee.
``(III) Nondisclosure requirement.--A person to
whom disclosure is made under subclause (I) shall be
subject to the nondisclosure requirements applicable to
a person to whom a request is issued under subparagraph
(A) in the same manner as the person to whom the
request is issued.
``(IV) Notice.--Any recipient that discloses to a
person described in subclause (I) information otherwise
subject to a nondisclosure requirement shall inform the
person of the applicable nondisclosure requirement.
``(iii) Right to judicial review.--
``(I) In general.--A financial institution that
receives a request under subparagraph (A) shall have
the right to judicial review of any applicable
nondisclosure requirement.
``(II) Notification.--A request under subparagraph
(A) shall--
``(aa) state that if the recipient wishes
to have a court review a nondisclosure
requirement, the recipient shall provide notice
to the Government in accordance with section
3511(b)(1)(A) of title 18, United States Code;
and
``(bb) describe the procedures for
providing such notice.
``(III) Initiation of proceedings.--If a recipient
of a request under subparagraph (A) makes a
notification under subclause (II), the Government shall
initiate judicial review under the procedures
established in section 3511 of title 18, United States
Code, unless an appropriate official of the Federal
Bureau of Investigation makes a notification under
clause (iv).
``(iv) Termination.--In the case of any request for which a
financial institution has submitted a notification under clause
(iii)(II), if the facts supporting a nondisclosure requirement
cease to exist, an appropriate official of the Federal Bureau
of Investigation shall promptly notify the financial
institution, or officer, employee, or agent thereof, subject to
the nondisclosure requirement that the nondisclosure
requirement is no longer in effect.''.
(e) Requests by Authorized Investigative Agencies.--Section 802 of
the National Security Act of 1947 (50 U.S.C. 436), is amended by
striking subsection (b) and inserting the following:
``(b) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued
under subparagraph (B) and notice of the right to
judicial review under paragraph (3) is provided, no
governmental or private entity, or officer, employee,
or agent thereof, that receives a request under
subsection (a), shall disclose to any person that an
authorized investigative agency described in subsection
(a) has sought or obtained access to information under
subsection (a).
``(B) Certification.--The requirements of
subparagraph (A) shall apply if the head of an
authorized investigative agency described in subsection
(a), or a designee, certifies that, absent a
prohibition of disclosure under this subsection, there
may result--
``(i) a danger to the national security of
the United States;
``(ii) interference with a criminal,
counterterrorism, or counterintelligence
investigation;
``(iii) interference with diplomatic
relations; or
``(iv) danger to the life or physical
safety of any person.
``(2) Exception.--
``(A) In general.--A governmental or private
entity, or officer, employee, or agent thereof, that
receives a request under subsection (a) may disclose
information otherwise subject to any applicable
nondisclosure requirement to--
``(i) those persons to whom disclosure is
necessary in order to comply with the request;
``(ii) an attorney in order to obtain legal
advice or assistance regarding the request; or
``(iii) other persons as permitted by the
head of the authorized investigative agency
described in subsection (a).
``(B) Persons necessary for compliance.--Upon a
request by the head of an authorized investigative
agency described in subsection (a), or a designee,
those persons to whom disclosure will be made under
subparagraph (A)(i) or to whom such disclosure was made
before the request shall be identified to the head of
the authorized investigative agency or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be
subject to the nondisclosure requirements applicable to
a person to whom a request is issued under subsection
(a) in the same manner as the person to whom the
request is issued.
``(D) Notice.--Any recipient that discloses to a
person described in subparagraph (A) information
otherwise subject to a nondisclosure requirement shall
inform the person of the applicable nondisclosure
requirement.
``(3) Right to judicial review.--
``(A) In general.--A governmental or private entity
that receives a request under subsection (a) shall have
the right to judicial review of any applicable
nondisclosure requirement.
``(B) Notification.--A request under subsection (a)
shall--
``(i) state that if the recipient wishes to
have a court review a nondisclosure
requirement, the recipient shall provide notice
to the Government in accordance with section
3511(b)(1)(A) of title 18, United States Code;
and
``(ii) describe the procedures for
providing such notice.
``(C) Initiation of proceedings.--If a recipient of
a request under subsection (a) makes a notification
under subparagraph (B), the Government shall initiate
judicial review under the procedures established in
section 3511 of title 18, United States Code, unless an
appropriate official of the authorized investigative
agency described in subsection (a) makes a notification
under paragraph (4).
``(4) Termination.--In the case of any request for which a
governmental or private entity has submitted a notification
under paragraph (3)(B), if the facts supporting a nondisclosure
requirement cease to exist, an appropriate official of the
authorized investigative agency described in subsection (a)
shall promptly notify the governmental or private entity, or
officer, employee, or agent thereof, subject to the
nondisclosure requirement that the nondisclosure requirement is
no longer in effect.''.
SEC. 6. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL
RECORDS.
(a) In General.--Section 2709 of title 18, United States Code, as
amended by this Act, is amended--
(1) by redesignating subsections (c), (d), (e), and (f) as
subsections (d), (e), (f), and (g), respectively; and
(2) by inserting after subsection (b) the following:
``(c) Written Statement.--The Director of the Federal Bureau of
Investigation, or a designee in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in Charge
in a Bureau field office designated by the Director, may make a
certification under subsection (b) only upon a written statement, which
shall be retained by the Federal Bureau of Investigation, of specific
facts showing that there are reasonable grounds to believe that the
information sought is relevant to the authorized investigation
described in subsection (b).''.
(b) Identity of Financial Institutions and Credit Reports.--Section
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), as amended by
this Act, is amended--
(1) by redesignating subsections (d) through (m) as
subsections (e) through (n), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Written Statement.--The Director of the Federal Bureau of
Investigation, or a designee in a position not lower than Deputy
Assistant Director at Bureau headquarters or a Special Agent in Charge
in a Bureau field office designated by the Director, may make a
certification under subsection (a) or (b) only upon a written
statement, which shall be retained by the Federal Bureau of
Investigation, of specific facts showing that there are reasonable
grounds to believe that the information sought is relevant to the
authorized investigation described in subsection (a) or (b), as the
case may be.''.
(c) Disclosures to Governmental Agencies for Counterterrorism
Purposes.--Section 627(b) of the Fair Credit Reporting Act (15 U.S.C.
1681v(b)) is amended--
(1) in the subsection heading, by striking ``Form of
Certification'' and inserting ``Certification'';
(2) by striking ``The certification'' and inserting the
following:
``(1) Form of certification.--The certification''; and
(3) by adding at the end the following:
``(2) Written statement.--A supervisory official or officer
described in paragraph (1) may make a certification under
subsection (a) only upon a written statement, which shall be
retained by the government agency, of specific facts showing
that there are reasonable grounds to believe that the
information sought is relevant to the authorized investigation
described in subsection (a).''.
(d) Financial Records.--Section 1114(a)(5) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)), as amended by
this Act, is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) The Director of the Federal Bureau of Investigation, or a
designee in a position not lower than Deputy Assistant Director at
Bureau headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director, may make a certification under
subparagraph (A) only upon a written statement, which shall be retained
by the Federal Bureau of Investigation, of specific facts showing that
there are reasonable grounds to believe that the information sought is
relevant to the authorized investigation described in subparagraph
(A).''.
(e) Requests by Authorized Investigative Agencies.--Section 802(a)
of the National Security Act of 1947 (50 U.S.C. 436(a)) is amended by
adding at the end the following:
``(4) A department or agency head, deputy department or agency
head, or senior official described in paragraph (3)(A) may make a
certification under paragraph (3)(A) only upon a written statement,
which shall be retained by the authorized investigative agency, of
specific facts showing that there are reasonable grounds to believe
that the information sought is relevant to the authorized inquiry or
investigation described in paragraph (3)(A)(ii).''.
(f) Technical and Conforming Amendments.--
(1) Obstruction of criminal investigations.--Section
1510(e) of title 18, United States Code, is amended by striking
``section 2709(c)(1) of this title, section 626(d)(1) or
627(c)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)),'' and inserting
``section 2709(d)(1) of this title, section 626(e)(1) or
627(c)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681u(e)(1) and 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(E)(i) of the Right to Financial Privacy Act of 1978
(12 U.S.C. 3414(a)(3)(A) and 3414(a)(5)(E)(i)),''.
(2) Semiannual reports.--Section 507(b) of the National
Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
(A) in paragraph (4), by striking ``section
624(h)(2) of the Fair Credit Reporting Act (15 U.S.C.
1681u(h)(2))'' and inserting ``section 626(i)(2) of the
Fair Credit Reporting Act (15 U.S.C. 1681u(i)(2))'';
and
(B) in paragraph (5), by striking ``section
1114(a)(5)(C) of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)(5)(C))'' and inserting
``section 1114(a)(5)(D) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(D))''.
SEC. 7. ADDITIONAL RULES RELATING TO NATIONAL SECURITY LETTERS.
(a) Audit of Use of National Security Letters.--Section 119 of the
USA PATRIOT Improvement and Reauthorization Act of 2005 is amended--
(1) in subsection (b)(1), by striking ``2003 through 2006''
and inserting ``2007 through 2013'';
(2) in subsection (b)(3)(E), by striking ``following the
date of the enactment of this Act'' and inserting ``after
2006'';
(3) in subsection (c)(1)--
(A) by striking ``Not later than one year after the
date of the enactment of this Act, or upon completion
of the audit under this section for calendar years 2003
and 2004, whichever is earlier'' and inserting ``Not
later than December 31, 2010''; and
(B) by striking ``conducted under this subsection
for calendar years 2003 and 2004'' and inserting
``conducted under this section for calendar years 2007
through 2009'';
(4) in subsection (c)(2)--
(A) by striking ``2005'' each place it appears
(including in the subsection heading) and inserting
``2010'';
(B) by striking ``2006'' each place it appears
(including in the subsection heading) and inserting
``2011''; and
(C) by striking ``2007'' and inserting ``2012'';
and
(5) by adding at the end the following new paragraph:
``(3) Calendar years 2012 and 2013.--Not later than
December 31, 2014, or upon completion of the audit under this
subsection for calendar years 2012 and 2013, whichever is
earlier, the Inspector General of the Department of Justice
shall submit to the Committee on the Judiciary and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate a report
containing the results of the audit conducted under the
subsection for calendar years 2012 and 2013.''.
(b) Procedures Regarding Information Obtained Through National
Security Letters.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General shall--
(A) establish procedures for the collection, use,
and storage of information obtained in response to a
national security letter; and
(B) submit to the appropriate congressional
committees the procedures established under
subparagraph (A).
(2) Revisions to procedures.--The Attorney General shall
notify the appropriate congressional committees of any
significant changes to the procedures established under
paragraph (1)(A).
(3) Definitions.--In this subsection:
(A) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(i) the Permanent Select Committee on
Intelligence and the Committee on the Judiciary
of the House of Representatives; and
(ii) the Select Committee on Intelligence
and the Committee on the Judiciary of the
Senate.
(B) National security letter.--the term ``national
security letter'' means a request for information
issued under section 2709 of title 18, United States
Code, section 1114(a)(5) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(5)), subsection (a)
or (b) of section 626 of the Fair Credit Reporting Act
(15 U.S.C. 1681u), or section 627 of the Fair Credit
Reporting Act (15 U.S.C. 1681v).
SEC. 8. LONE WOLF TERRORISTS AS AGENTS OF FOREIGN POWERS.
Section 104 of the Foreign Intelligence Surveillance Act of 1978
(50 U.S.C. 1804) is amended by adding at the end the following new
subsection:
``(e) Requirements for Applications for Individual Terrorists.--
``(1) Delegation.--The Attorney General may only delegate
the authority to approve an application under subsection (a)
for an order approving electronic surveillance of an agent of a
foreign power, as defined in section 101(b)(1)(C), to the
Deputy Attorney General or the Assistant Attorney General for
National Security.
``(2) Notice to congress.--Not later than seven days after
an application for an order approving electronic surveillance
of an agent of a foreign power, as defined in section
101(b)(1)(C), is made under subsection (a), the Attorney
General shall submit to the Permanent Select Committee on
Intelligence and the Committee on the Judiciary of the House of
Representatives and the Select Committee on Intelligence and
the Committee on the Judiciary of the Senate notice of such
application.''.
SEC. 9. ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES FOR FOREIGN
INTELLIGENCE PURPOSES.
(a) Application.--Section 402(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1842(c)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)--
(A) by striking ``a certification by the
applicant'' and inserting ``a statement of the facts
and circumstances relied upon by the applicant to
justify the belief of the applicant''; and
(B) by striking the period at the end and inserting
``; and''; and
(3) by adding at the end the following:
``(3) a statement of whether minimization procedures are
being proposed and, if so, a statement of the proposed
minimization procedures.''.
(b) Minimization.--
(1) Definition.--Section 401 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841) is amended by adding
at the end the following:
``(4) The term `minimization procedures' means--
``(A) specific procedures, that are reasonably
designed in light of the purpose and technique of an
order for the installation and use of a pen register or
trap and trace device, to minimize the retention, and
prohibit the dissemination, of nonpublicly available
information known to concern unconsenting United States
persons consistent with the need of the United States
to obtain, produce, and disseminate foreign
intelligence information;
``(B) procedures that require that nonpublicly
available information, which is not foreign
intelligence information, as defined in section
101(e)(1), shall not be disseminated in a manner that
identifies any United States person, without such
person's consent, unless such person's identity is
necessary to understand foreign intelligence
information or assess its importance; and
``(C) notwithstanding subparagraphs (A) and (B),
procedures that allow for the retention and
dissemination of information that is evidence of a
crime which has been, is being, or is about to be
committed and that is to be retained or disseminated
for law enforcement purposes.''.
(2) Pen registers and trap and trace devices.--Section 402
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842) is amended--
(A) in subsection (d)--
(i) in paragraph (1), by inserting ``, and
if, in exceptional circumstances, minimization
procedures are ordered, that the proposed
minimization procedures meet the definition of
minimization procedures under this title''
before the period at the end; and
(ii) in paragraph (2)(B)--
(I) in clause (ii)(II), by striking
``and'' after the semicolon; and
(II) by adding at the end the
following:
``(iv) if applicable, the minimization
procedures be followed; and''; and
(B) by adding at the end the following:
``(h) At or before the end of the period of time for which the
installation and use of a pen register or trap and trace device is
approved under an order or an extension under this section, the judge
may assess compliance with any applicable minimization procedures by
reviewing the circumstances under which information concerning United
States persons was retained or disseminated.''.
(3) Emergencies.--Section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
(A) by redesignating subsection (c) as subsection
(d); and
(B) by inserting after subsection (b) the
following:
``(c) If the Attorney General authorizes the emergency installation
and use of a pen register or trap and trace device under this section,
the Attorney General shall require that minimization procedures be
followed, if appropriate.''.
(4) Use of information.--Section 405(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) is
amended by inserting ``or minimization procedures required
under this title, if ordered or determined appropriate by the
Attorney General under section 403(c)'' after ``provisions of
this section''.
(c) Audits.--
(1) In general.--The Inspector General of the Department of
Justice shall perform comprehensive audits of the effectiveness
and use, including any improper or illegal use, of pen
registers and trap and trace devices under title IV of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1841
et seq.) during the period beginning on January 1, 2007, and
ending on December 31, 2013.
(2) Requirements.--The audits required under paragraph (1)
shall include--
(A) an examination of the use of pen registers and
trap and trace devices under title IV of the Foreign
Intelligence Surveillance Act of 1978 for calendar
years 2007 through 2013;
(B) an examination of the installation and use of a
pen register or trap and trace device on emergency
bases under section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843);
(C) any noteworthy facts or circumstances relating
to the use of a pen register or trap and trace device
under title IV of the Foreign Intelligence Surveillance
Act of 1978, including any improper or illegal use of
the authority provided under that title; and
(D) an examination of the effectiveness of the
authority under title IV of the Foreign Intelligence
Surveillance Act of 1978 as an investigative tool,
including--
(i) the importance of the information
acquired to the intelligence activities of the
Federal Bureau of Investigation or any other
department or agency of the Federal Government;
(ii) the manner in which the information is
collected, retained, analyzed, and disseminated
by the Federal Bureau of Investigation,
including any direct access to the information
provided to any other department, agency, or
instrumentality of Federal, State, local, or
tribal governments or any private sector
entity;
(iii) with respect to calendar years 2010
through 2013, an examination of the
minimization procedures used in relation to pen
registers and trap and trace devices under
title IV of the Foreign Intelligence
Surveillance Act of 1978 and whether the
minimization procedures protect the
constitutional rights of United States persons
(as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1801));
(iv) whether, and how often, the Federal
Bureau of Investigation used information
acquired under a pen register or trap and trace
device under title IV of the Foreign
Intelligence Surveillance Act of 1978 to
produce an analytical intelligence product for
distribution within the Federal Bureau of
Investigation, to the intelligence community
(as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4))), or
to other Federal, State, local, or tribal
government departments, agencies, or
instrumentalities; and
(v) whether, and how often, the Federal
Bureau of Investigation provided information
acquired under a pen register or trap and trace
device under title IV of the Foreign
Intelligence Surveillance Act of 1978 to law
enforcement authorities for use in criminal
proceedings.
(3) Submission dates.--
(A) Prior years.--Not later than December 31, 2010,
the Inspector General of the Department of Justice
shall submit to the Committee on the Judiciary and the
Select Committee on Intelligence of the Senate and the
Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of
Representatives a report containing the results of the
audit conducted under this section for calendar years
2007 through 2009.
(B) Calendar years 2010 and 2011.--Not later than
December 31, 2012, the Inspector General of the
Department of Justice shall submit to the Committee on
the Judiciary and the Select Committee on Intelligence
of the Senate and the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the
House of Representatives a report containing the
results of the audit conducted under this section for
calendar years 2010 and 2011.
(C) Calendar years 2012 and 2013.--Not later than
December 31, 2014, the Inspector General of the
Department of Justice shall submit to the Committee on
the Judiciary and the Select Committee on Intelligence
of the Senate and the Committee on the Judiciary and
the Permanent Select Committee on Intelligence of the
House of Representatives a report containing the
results of the audit conducted under this section for
calendar years 2010 and 2011.
(4) Prior notice to attorney general and director of
national intelligence; comments.--
(A) Notice.--Not less than 30 days before the
submission of a report under subparagraph (A), (B), or
(C) of paragraph (3), the Inspector General of the
Department of Justice shall provide the report to the
Attorney General and the Director of National
Intelligence.
(B) Comments.--The Attorney General or the Director
of National Intelligence may provide such comments to
be included in a report submitted under subparagraph
(A), (B), or (C) of paragraph (3) as the Attorney
General or the Director of National Intelligence may
consider necessary.
(5) Unclassified form.--A report submitted under
subparagraph (A), (B), or (C) of paragraph (3) and any comments
included under paragraph (4)(B) shall be in unclassified form,
but may include a classified annex.
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