[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1692 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1692

 To extend the sunset of certain provisions of the USA PATRIOT Act and 
    the authority to issue national security letters, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2009

  Mr. Leahy (for himself, Mr. Cardin, and Mr. Kaufman) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To extend the sunset of certain provisions of the USA PATRIOT Act and 
    the authority to issue 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.

    This Act may be cited as the ``USA PATRIOT Act Sunset Extension Act 
of 2009''.

SEC. 2. SUNSETS.

    (a) Sections 206 and 215 Sunset.--
            (1) In general.--Section 102(b)(1) of the USA PATRIOT 
        Improvement and Reauthorization Act of 2005 (Public Law 109-
        177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 
        1862 note) is amended by striking ``2009'' and inserting 
        ``2013''.
            (2) Conforming amendments.--
                    (A) In general.--Section 601(a)(1)(D) of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1871(a)(1)(D)) is amended by striking ``section 
                501;'' and inserting ``section 502 or under section 501 
                pursuant to section 102(b)(2) the USA PATRIOT 
                Improvement and Reauthorization Act of 2005 (Public Law 
                109-177; 50 U.S.C. 1861 note);''.
                    (B) Application under section 404 of the fisa 
                amendments act of 2008.--Section 404(b)(4)(A) of the 
                FISA Amendments Act of 2008 (Public Law 110-261; 122 
                Stat. 2477) is amended by striking the period at the 
                end and inserting ``, except that paragraph (1)(D) of 
                such section 601(a) shall be applied as if it read as 
                follows:
                    `(D) access to records under section 502 or under 
                section 501 pursuant to section 102(b)(2) the USA 
                PATRIOT Improvement and Reauthorization Act of 2005 
                (Public Law 109-177; 50 U.S.C. 1861 note);'.''.
                    (C) Effective date.--The amendments made by this 
                paragraph shall take effect on December 31, 2013.
    (b) Extension of Sunset Relating to Individual Terrorists as Agents 
of Foreign Powers.--
            (1) In general.--Section 6001(b) of the Intelligence Reform 
        and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 
        U.S.C. 1801 note) is amended to read as follows:
    ``(b) Sunset.--
            ``(1) Repeal.--Subparagraph (C) of section 101(b)(1) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(b)(1)), as added by subsection (a), is repealed effective 
        December 31, 2013.
            ``(2) Transition provision.--Notwithstanding paragraph (1), 
        subparagraph (C) of section 101(b)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) 
        shall continue to apply after December 31, 2013, with respect 
        to any particular foreign intelligence investigation or with 
        respect to any particular offense or potential offense that 
        began or occurred before December 31, 2013.''.
            (2) Conforming amendment.--
                    (A) In general.--Section 601(a)(2) of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 
                1871(a)(2)) is amended by striking the semicolon at the 
                end and inserting ``pursuant to subsection (b)(2) of 
                section 6001 of the Intelligence Reform and Terrorism 
                Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 
                1801 note);''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect on December 31, 
                2013.
    (c) National Security Letters.--
            (1) In general.--Effective on December 31, 2013, the 
        following provisions of law are repealed:
                    (A) Section 2709 of title 18, United States Code.
                    (B) Section 1114(a)(5) of the Right to Financial 
                Privacy Act of 1978 (12 U.S.C. 3414(a)(5)).
                    (C) Subsections (a) and (b) of section 626 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u).
                    (D) Section 627 of the Fair Credit Reporting Act 
                (15 U.S.C. 1681v).
                    (E) Section 802 of the National Security Act of 
                1947 (50 U.S.C. 436).
            (2) Transition provision.--Notwithstanding paragraph (1), 
        the provisions of law referred to in paragraph (1) shall 
        continue to apply after December 31, 2013, with respect to any 
        particular foreign intelligence investigation or with respect 
        to any particular offense or potential offense that began or 
        occurred before December 31, 2013.
            (3) Technical and conforming amendments.--
                    (A) Title 18.--Title 18, United States Code, is 
                amended--
                            (i) in the table of sections for chapter 
                        121, by striking the item relating to section 
                        2709;
                            (ii) by striking section 3511; and
                            (iii) in the table of sections for chapter 
                        223, by striking the item relating to section 
                        3511.
                    (B) Fair credit reporting act.--The Fair Credit 
                Reporting Act (15 U.S.C. 1681) is amended--
                            (i) in section 626 (15 U.S.C. 1681u)--
                                    (I) in subsection (d)(1), by 
                                striking ``the identity of financial 
                                institutions or a consumer report 
                                respecting any consumer under 
                                subsection (a), (b), or (c)'' and 
                                inserting ``a consumer report 
                                respecting any consumer under 
                                subsection (c)'';
                                    (II) in subsection (h)(1), by 
                                striking ``subsections (a), (b), and 
                                (c)'' and inserting ``subsection (c)''; 
                                and
                            (ii) in the table of sections, by striking 
                        the item relating to section 627.
                    (C) National security act of 1947.--The National 
                Security Act of 1947 (50 U.S.C. 401 et seq.) is 
                amended--
                            (i) in section 507(b) (50 U.S.C. 415b(b))--
                                    (I) by striking paragraph (5); and
                                    (II) by redesignating paragraph (6) 
                                as paragraph (5); and
                            (ii) in the table of contents, by striking 
                        the item relating to section 802.
                    (D) Effective date.--The amendments made by this 
                paragraph shall take effect on December 31, 2013.

SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR ACCESS TO TANGIBLE 
              THINGS.

    (a) In General.--Section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861) is amended--
            (1) in the section heading, by striking ``certain business 
        records'' and inserting ``tangible things'';
            (2) in subsection (b)(2), by striking subparagraphs (A) and 
        (B) and inserting the following:
                    ``(A) a statement of facts showing that there are 
                reasonable grounds to believe that the records or other 
                things sought--
                            ``(i) are relevant to an authorized 
                        investigation (other than a threat assessment) 
                        conducted in accordance with subsection (a)(2) 
                        to obtain foreign intelligence information not 
                        concerning a United States person or to protect 
                        against international terrorism or clandestine 
                        intelligence activities; and
                            ``(ii)(I) pertain to a foreign power or an 
                        agent of a foreign power;
                            ``(II) are relevant to the activities of a 
                        suspected agent of a foreign power who is the 
                        subject of such authorized investigation; or
                            ``(III) pertain to an individual in contact 
                        with, or known to, a suspected agent of a 
                        foreign power; and
                    ``(B) a statement of proposed minimization 
                procedures.''; and
            (3) 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 ``; and''; and
                            (iii) by adding at the end the following:
                    ``(F) shall direct that the minimization procedures 
                be followed.''.
    (b) Technical and Conforming Amendments.--
            (1) Title heading.--Title V of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended in 
        the title heading by striking ``CERTAIN BUSINESS RECORDS'' and 
        inserting ``TANGIBLE THINGS''.
            (2) Table of contents.--The table of contents in the first 
        section of the Foreign Intelligence Surveillance Act of 1978 
        (50 U.S.C. 1801 et seq.) is amended by striking the items 
        relating to title V and section 501 and inserting the 
        following:

 ``TITLE V--ACCESS TO TANGIBLE THINGS FOR FOREIGN INTELLIGENCE PURPOSES

``Sec. 501. Access to tangible things for foreign intelligence purposes 
                            and international terrorism 
                            investigations.''.

SEC. 4. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR PEN REGISTERS AND 
              TRAP AND TRACE DEVICES FOR FOREIGN INTELLIGENCE PURPOSES.

    (a) In General.--
            (1) Application.--Section 402(c) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is 
        amended--
                    (A) in paragraph (1), by striking ``and'' at the 
                end; and
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) a statement of facts showing that there are 
        reasonable grounds to believe that the information likely to be 
        obtained--
                    ``(A) is relevant to an authorized investigation 
                (other than a threat assessment) conducted in 
                accordance with subsection (a)(1) to obtain foreign 
                intelligence information not concerning a United States 
                person or to protect against international terrorism or 
                clandestine intelligence activities; and
                    ``(B)(i) pertains to a foreign power or an agent of 
                a foreign power;
                    ``(ii) is relevant to the activities of a suspected 
                agent of a foreign power who is the subject of such 
                authorized investigation; or
                    ``(iii) pertains to an individual in contact with, 
                or known to, a suspected agent of a foreign power; and
            ``(3) a statement of proposed minimization procedures.''.
            (2) Minimization.--
                    (A) 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 acquisition and 
                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;
                    ``(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.''.
                    (B) Pen registers and trap and trace devices.--
                Section 402 of the Foreign Intelligence Surveillance 
                Act of 1978 (50 U.S.C. 1842) is amended--
                            (i) in subsection (d)--
                                    (I) in paragraph (1), by inserting 
                                ``, and 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)--
                                            (aa) in clause (ii)(II), by 
                                        striking ``and'' after the 
                                        semicolon; and
                                            (bb) by adding at the end 
                                        the following:
                            ``(iv) the minimization procedures be 
                        followed; and''; and
                            (ii) 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 the minimization procedures by reviewing the 
circumstances under which information concerning United States persons 
was acquired, retained, or disseminated.''.
                    (C) Emergencies.--Section 403 of the Foreign 
                Intelligence Surveillance Act of 1978 (50 U.S.C. 1843) 
                is amended--
                            (i) by redesignating subsection (c) as (d); 
                        and
                            (ii) 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 the minimization procedures 
required by this title for the issuance of a judicial order be 
followed.''.
                    (D) Use of information.--Section 405(a) of the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1845(a)) is amended by striking ``provisions 
                of'' and inserting ``minimization procedures required 
                under''.

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 (4) 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 the particular information specified in the 
                certification during the time period to which the 
                certification applies, which may be not longer than 1 
                year.
                    ``(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) 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.
                    ``(C) 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) 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 in a Bureau field 
        office, may extend a nondisclosure requirement for additional 
        periods of not longer than 1 year if, at the time of each 
        extension, a new certification is made under paragraph (1)(B) 
        and notice is provided to the recipient of the applicable 
        request that the nondisclosure requirement has been extended 
        and the recipient has the right to judicial review of the 
        nondisclosure requirement.
            ``(4) 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 and 
                any extension thereof.
                    ``(B) Timing.--
                            ``(i) In general.--A request under 
                        subsection (a) shall state that if the 
                        recipient wishes to have a court review a 
                        nondisclosure requirement, the recipient shall 
                        notify the Government not later than 21 days 
                        after the date of receipt of the request.
                            ``(ii) Extension.--A notice that the 
                        applicable nondisclosure requirement has been 
                        extended under paragraph (3) shall state that 
                        if the recipient wishes to have a court review 
                        the nondisclosure requirement, the recipient 
                        shall notify the Government not later than 21 
                        days after the date of receipt of the 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.
            ``(5) Termination.--If the facts supporting a nondisclosure 
        requirement cease to exist prior to the applicable time period 
        of the nondisclosure requirement, 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 (4) 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 to any 
                person the particular information specified in the 
                certification during the time period to which the 
                certification applies, which may be not longer than 1 
                year.
                    ``(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) 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.
                    ``(C) 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) 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 in a Bureau field 
        office, may extend a nondisclosure requirement for additional 
        periods of not longer than 1 year if, at the time of each 
        extension, a new certification is made under paragraph (1)(B) 
        and notice is provided to the recipient of the applicable 
        request or order that the nondisclosure requirement has been 
        extended and the recipient has the right to judicial review of 
        the nondisclosure requirement.
            ``(4) 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 and any extension 
                thereof.
                    ``(B) Timing.--
                            ``(i) In general.--A request or order under 
                        subsection (a), (b), or (c) shall state that if 
                        the recipient wishes to have a court review a 
                        nondisclosure requirement, the recipient shall 
                        notify the Government not later than 21 days 
                        after the date of receipt of the request or 
                        order.
                            ``(ii) Extension.--A notice that the 
                        applicable nondisclosure requirement has been 
                        extended under paragraph (3) shall state that 
                        if the recipient wishes to have a court review 
                        the nondisclosure requirement, the recipient 
                        shall notify the Government not later than 21 
                        days after the date of receipt of the 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.
            ``(5) Termination.--If the facts supporting a nondisclosure 
        requirement cease to exist prior to the applicable time period 
        of the nondisclosure requirement, 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 (4) is provided, no 
                consumer reporting agency, or officer, employee, or 
                agent thereof, that receives a request under subsection 
                (a), shall disclose to any person the particular 
                information specified in the certification during the 
                time period to which the certification applies, which 
                may be not longer than 1 year.
                    ``(B) Certification.--The requirements of 
                subparagraph (A) shall apply if the head of a 
                government agency authorized to conduct investigations 
                of 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 intelligence or 
                        counterintelligence activities or analysis 
                        related to international terrorism, or a 
                        designee.
                    ``(B) 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.
                    ``(C) 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) Extension.--The head of a government agency 
        authorized to conduct investigations of intelligence or 
        counterintelligence activities or analysis related to 
        international terrorism, or a designee, may extend a 
        nondisclosure requirement for additional periods of not longer 
        than 1 year if, at the time of each extension, a new 
        certification is made under paragraph (1)(B) and notice is 
        provided to the recipient of the applicable request that the 
        nondisclosure requirement has been extended and the recipient 
        has the right to judicial review of the nondisclosure 
        requirement.
            ``(4) 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 and any extension thereof.
                    ``(B) Timing.--
                            ``(i) In general.--A request under 
                        subsection (a) shall state that if the 
                        recipient wishes to have a court review a 
                        nondisclosure requirement, the recipient shall 
                        notify the Government not later than 21 days 
                        after the date of receipt of the request.
                            ``(ii) Extension.--A notice that the 
                        applicable nondisclosure requirement has been 
                        extended under paragraph (3) shall state that 
                        if the recipient wishes to have a court review 
                        the nondisclosure requirement, the recipient 
                        shall notify the Government not later than 21 
                        days after the date of receipt of the 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.
            ``(5) Termination.--If the facts supporting a nondisclosure 
        requirement cease to exist prior to the applicable time period 
        of the nondisclosure requirement, an appropriate official of 
        the government agency authorized to conduct investigations of 
        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 (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 (iv) is 
                                provided, no financial institution, or 
                                officer, employee, or agent thereof, 
                                that receives a request under 
                                subparagraph (A), shall disclose to any 
                                person the particular information 
                                specified in the certification during 
                                the time period to which the 
                                certification applies, which may be not 
                                longer than 1 year.
                                    ``(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) 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.
                                    ``(III) 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) 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 in a 
                        Bureau field office, may extend a nondisclosure 
                        requirement for additional periods of not 
                        longer than 1 year if, at the time of each 
                        extension, a new certification is made under 
                        clause (i)(II) and notice is provided to the 
                        recipient of the applicable request that the 
                        nondisclosure requirement has been extended and 
                        the recipient has the right to judicial review 
                        of the nondisclosure requirement.
                            ``(iv) 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 
                                and any extension thereof.
                                    ``(II) Timing.--
                                            ``(aa) In general.--A 
                                        request under subparagraph (A) 
                                        shall state that if the 
                                        recipient wishes to have a 
                                        court review a nondisclosure 
                                        requirement, the recipient 
                                        shall notify the Government not 
                                        later than 21 days after the 
                                        date of receipt of the request.
                                            ``(bb) Extension.--A notice 
                                        that the applicable 
                                        nondisclosure requirement has 
                                        been extended under clause 
                                        (iii) shall state that if the 
                                        recipient wishes to have a 
                                        court review the nondisclosure 
                                        requirement, the recipient 
                                        shall notify the Government not 
                                        later than 21 days after the 
                                        date of receipt of the 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.
                            ``(v) Termination.--If the facts supporting 
                        a nondisclosure requirement cease to exist 
                        prior to the applicable time period of the 
                        nondisclosure requirement, 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 (4) 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 the 
                particular information specified in the certification 
                during the time period to which the certification 
                applies, which may be not longer than 1 year.
                    ``(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) 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.
                    ``(C) 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) Extension.--The head of an authorized investigative 
        agency described in subsection (a), or a designee, may extend a 
        nondisclosure requirement for additional periods of not longer 
        than 1 year if, at the time of each extension, a new 
        certification is made under paragraph (1)(B) and notice is 
        provided to the recipient of the applicable request that the 
        nondisclosure requirement has been extended and the recipient 
        has the right to judicial review of the nondisclosure 
        requirement.
            ``(4) 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 and any extension thereof.
                    ``(B) Timing.--
                            ``(i) In general.--A request under 
                        subsection (a) shall state that if the 
                        recipient wishes to have a court review a 
                        nondisclosure requirement, the recipient shall 
                        notify the Government not later than 21 days 
                        after the date of receipt of the request.
                            ``(ii) Extension.--A notice that the 
                        applicable nondisclosure requirement has been 
                        extended under paragraph (3) shall state that 
                        if the recipient wishes to have a court review 
                        the nondisclosure requirement, the recipient 
                        shall notify the Government not later than 21 
                        days after the date of receipt of the 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.
            ``(5) Termination.--If the facts supporting a nondisclosure 
        requirement cease to exist prior to the applicable time period 
        of the nondisclosure requirement, 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. 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) by striking ``a production order'' and 
                        inserting ``a production order or nondisclosure 
                        order''; and
                            (ii) by striking ``Not less than 1 year'' 
                        and all that follows;
                    (B) in clause (ii), 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 (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, the recipient shall notify 
                the Government not later than 21 days after the date of 
                receipt of the request or of notice that an applicable 
                nondisclosure requirement has been extended.
                    ``(B) Application.--Not later than 21 days after 
                the date of receipt of a notification under 
                subparagraph (A), the Government shall apply for an 
                order prohibiting the disclosure of particular 
                information about 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 may 
                issue a nondisclosure order for a period of not longer 
                than 1 year, unless the facts justify a longer period 
                of nondisclosure.
                    ``(D) Denial.--If a district court of the United 
                States rejects an application for a nondisclosure order 
                or extension thereof, the nondisclosure requirement 
                shall no longer be in effect.
            ``(2) Application contents.--An application for a 
        nondisclosure order or extension thereof under this subsection 
        shall include--
                    ``(A) a statement of the facts indicating 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; and
                    ``(B) the time period during which the Government 
                believes the nondisclosure requirement should apply.
            ``(3) Standard.--A district court of the United States may 
        issue a nondisclosure requirement order or extension thereof 
        under this subsection if the court determines 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.
            ``(4) Renewal.--A nondisclosure order under this subsection 
        may be renewed for additional periods of not longer than 1 
        year, unless the facts of the case justify a longer period of 
        nondisclosure, upon submission of an application meeting the 
        requirements of paragraph (2), and a determination by the court 
        that the circumstances described in paragraph (3) continue to 
        exist.''.
    (c) Minimization.--Section 501(g) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861(g)) is amended--
            (1) in paragraph (1), 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 
        acquired, retained, or disseminated.''; and
            (2) in paragraph (2)(A), by inserting ``acquisition and'' 
        after ``to minimize the''.

SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND TRANSACTIONAL 
              RECORDS.

    (a) In General.--Section 2709(b)(1) of title 18, United States 
Code, is amended--
            (1) by striking ``certifies in writing'' and inserting 
        ``provides a written certification by the Director (or a 
        designee)''; and
            (2) by inserting ``that includes a statement of facts 
        showing that there are reasonable grounds to believe'' before 
        ``that the name,''.
    (b) Identity of Financial Institutions and Credit Reports.--Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended--
            (1) in subsection (a), by striking ``has determined in 
        writing, that such information is sought for'' and inserting 
        ``provides to the consumer reporting agency a written 
        determination that includes a statement of facts showing that 
        there are reasonable grounds to believe that such information 
        is relevant to''; and
            (2) in subsection (b), by striking ``has determined in 
        writing that such information is sought for'' and inserting 
        ``provides to the consumer reporting agency a written 
        determination that includes a statement of facts showing that 
        there are reasonable grounds to believe that such information 
        is relevant to''.
    (c) Disclosures to Governmental Agencies for Counterterrorism 
Purposes.--Section 627(a) of the Fair Credit Reporting Act (15 U.S.C. 
1681v(a)) is amended by inserting ``that includes a statement of facts 
showing that there are reasonable grounds to believe'' before ``that 
such information is necessary for''.
    (d) Financial Records.--Section 1114(a)(5)(A) of the Right to 
Financial Privacy Act (12 U.S.C. 3414(a)(5)(A)) is amended--
            (1) by striking ``certifies in writing'' and inserting 
        ``provides a written certification by the Director (or a 
        designee)''; and
            (2) by striking ``that such records are sought for foreign 
        counter intelligence purposes'' and inserting ``that includes a 
        statement of facts showing that there are reasonable grounds to 
        believe that such records are relevant to a foreign 
        counterintelligence investigation''.
    (e) Requests by Authorized Investigative Agencies.--Section 
802(a)(3) of the National Security Act of 1947 (50 U.S.C. 436(a)(3)), 
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) shall include a statement of facts showing that there 
        are reasonable grounds to believe, based on credible 
        information, that the person is, or may be, disclosing 
        classified information in an unauthorized manner to a foreign 
        power or agent of a foreign power;''.

SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

    Section 118(c) of the USA PATRIOT Improvement and Reauthorization 
Act of 2005 (18 U.S.C. 3511 note) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (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.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each report required under this 
                subsection shall include the total number of requests 
                described in paragraph (1) requiring disclosure of 
                information concerning--
                            ``(i) United States persons;
                            ``(ii) persons who are not United States 
                        persons;
                            ``(iii) persons who are the subjects of 
                        authorized national security investigations; or
                            ``(iv) persons who are not the subjects of 
                        authorized national security investigations.
                    ``(B) Exception.--With respect to the number of 
                requests for subscriber information under section 2709 
                of title 18, United States Code, a report required 
                under this subsection need not provide information 
                separated into each of the categories described in 
                subparagraph (A).''.

SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE SURVEILLANCE ACT.

    Section 601 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1871) is amended--
            (1) by redesignating subsections (b) through (e) as 
        subsections (c) through (f), respectively;
            (2) by inserting after subsection (a) the following:
    ``(b) Public Report.--The Attorney General shall make publicly 
available the portion of each report under subsection (a) relating to 
paragraphs (1) and (2) of subsection (a).''; and
            (3) in subsection (e), as so redesignated, by striking 
        ``subsection (c)'' and inserting ``subsection (d)''.

SEC. 10. AUDITS.

    (a) Tangible Things.--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)--
                    (A) in paragraph (1), by striking ``2006'' and 
                inserting ``2012''; and
                    (B) in paragraph (5)(C), by striking ``calendar 
                year 2006'' and inserting ``each of calendar years 2006 
                through 2012'';
            (2) in subsection (c), by adding at the end the following:
            ``(3) Calendar years 2007 and 2008.--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 and 2008.
            ``(4) Calendar years 2009 through 2012.--Not later than 
        December 31, 2011, and every year thereafter through 2013, 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 the previous 
        calendar year.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``or (c)(2)'' and 
                inserting ``(c)(2), (c)(3), or (c)(4)''; and
                    (B) in paragraph (2), by striking ``and (c)(2)'' 
                and inserting ``(c)(2), (c)(3), or (c)(4)''; and
            (4) in subsection (e), by striking ``and (c)(2)'' and 
        inserting ``(c)(2), (c)(3), or (c)(4)''.
    (b) National Security Letters.--Section 119 of the USA PATRIOT 
Improvement and Reauthorization Act of 2005 (Public Law 109-177; 120 
Stat. 219) is amended--
            (1) in subsection (b)(1), by striking ``2006'' and 
        inserting ``2012'';
            (2) in subsection (c), by adding at the end the following:
            ``(3) Calendar years 2007 and 2008.--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 and 2008.
            ``(4) Calendar years 2009 through 2012.--Not later than 
        December 31, 2011, and every year thereafter through 2013, 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 the previous 
        calendar year.'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``or (c)(2)'' and 
                inserting ``(c)(2), (c)(3), or (c)(4)''; and
                    (B) in paragraph (2), by striking ``or (c)(2)'' and 
                inserting ``(c)(2), (c)(3), or (c)(4)''; and
            (4) in subsection (e), by striking ``or (c)(2)'' and 
        inserting ``(c)(2), (c)(3), or (c)(4)''.
    (c) Pen Registers and Trap and Trace Devices.--
            (1) Audits.--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, 2012.
            (2) Requirements.--The audits required under paragraph (1) 
        shall include--
                    (A) an examination of each instance in which the 
                Attorney General or any other attorney for the 
                Government submitted an application for an order or 
                extension of an order under title IV of the Foreign 
                Intelligence Surveillance Act of 1978, including 
                whether the court granted, modified, or denied the 
                application (including an examination of the basis for 
                any modification or denial);
                    (B) an examination of each instance in which the 
                Attorney General authorized the installation and use of 
                a pen register or trap and trace device on an emergency 
                basis under section 403 of the Foreign Intelligence 
                Surveillance Act of 1978 (50 U.S.C. 1843);
                    (C) whether the Federal Bureau of Investigation 
                requested that the Department of Justice submit an 
                application for an order or extension of an order under 
                title IV of the Foreign Intelligence Surveillance Act 
                of 1978 and the request was not submitted to the court 
                (including an examination of the basis for not 
                submitting the application);
                    (D) whether bureaucratic or procedural impediments 
                to the use of pen registers and trap and trace devices 
                under title IV of the Foreign Intelligence Surveillance 
                Act of 1978 prevent the Federal Bureau of Investigation 
                from taking full advantage of the authorities provided 
                under that title;
                    (E) 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
                    (F) 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 2012, 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;
                            (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 thorough 2009.
                    (B) Calendar years 2010 through 2012.--Not later 
                than December 31, 2011, and every year thereafter 
                through 2013, 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 the previous 
                calendar year.
            (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) or (B) 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) or (B) 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) or (B) of paragraph (3) and any comments 
        included under paragraph (4)(B) shall be in unclassified form, 
        but may include a classified annex.
                                 <all>