[Congressional Record Volume 153, Number 143 (Tuesday, September 25, 2007)]
[Senate]
[Pages S12056-S12063]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. FEINGOLD (for himself, Mr. Sununu, Mr. Durbin, Ms. 
        Murkowski, Mr. Salazar, and Mr. Hagel):
  S. 2088. A bill to place reasonable limitations on the use of 
National Security Letters, and for other purposes; to the Committee on 
the Judiciary.
  Mr. FEINGOLD. I am pleased today to introduce the National Security 
Reform Act of 2007, a bipartisan effort that has the support of 
Senators who I respect a great deal, and with whom I have worked over 
the years on the Patriot Act and other issues. It also has the support 
of organizations and activists across the political spectrum.
  This past spring, the Inspector General of the Justice Department 
issued the results of a congressionally mandated audit, an audit that 
examined the FBI's implementation of its dramatically expanded 
authority under the USA PATRIOT Act to issue National Security Letters, 
or NSLs. The Inspector General found, as he put it: ``widespread and 
serious misuse of the FBI's national security letter authorities. In 
many instances, the FBI's misuse of national security letters violated 
NSL statutes, Attorney General Guidelines, or the FBI's own internal 
policies.'' A subsequent internal audit conducted by the FBI itself 
confirmed the IG's findings.
  After the IG report came out, the Judiciary Committee heard from the 
Inspector General himself, who described his conclusions in detail, and 
from the FBI Director, who talked about some steps the FBI is taking in 
response to the report.
  I appreciate that the FBI agrees with the IG's conclusions and 
recognizes that it needs to change the way it does business when it 
comes to NSLs. But in my view, leaving it to the FBI to fix this 
problem is not enough.
  Unfortunately, Congress shares some responsibility for the FBI's 
troubling implementation of these broad authorities. The FBI's 
apparently lax attitude and in some cases grave misuse of these 
potentially very intrusive authorities is attributable in no small part 
to the USA PATRIOT Act. That flawed legislation greatly expanded the 
NSL authorities, essentially granting the FBI a blank check to obtain 
some very sensitive records about Americans, including people not under 
any suspicion of wrong-doing, without judicial approval. Congress gave 
the FBI very few rules to follow and failed to adequately remedy those 
shortcomings when it considered the NSL statutes as part of the Patriot 
Act reauthorization process.
  This Inspector General report proves that ``trust us'' doesn't cut it 
when it comes to the Government's power to obtain Americans' sensitive 
business records--without a court order and without any suspicion that 
they are tied to terrorism or espionage. It was a significant mistake 
for Congress to grant the Government broad authorities and just keep 
its fingers crossed that they wouldn't be misused.
  Congress has the responsibility to put appropriate limits on 
government authorities--limits that allow agents to actively pursue 
criminals, terrorists and spies, but that also protect the privacy of 
innocent Americans.
  In addition, a Federal district court recently struck down one of the 
new NSL statutes, as modified by the Patriot Act reauthorization 
legislation enacted in 2006. The court found that a statutory provision 
permitting the FBI to impose a permanent, blanket nondisclosure order 
on recipients of NSLs violated the First Amendment.
  Congress also has not provided sufficient privacy protections to 
govern the related authority in Section 215 of the Patriot Act, which 
permits the Government to obtain court orders for Americans' business 
records under the Foreign Intelligence Surveillance Act. Often referred 
to as the ``library'' provision, although it covers all types of 
business records, Section 215 was one of

[[Page S12057]]

the most controversial provisions in the Patriot Act. Unfortunately, 
Congress did not go nearly far enough in the reauthorization process in 
addressing the very legitimate privacy and civil liberties concerns 
that have been raised about this power, including with respect to the 
low standard the Government has to meet to obtain a Section 215 order, 
the entirely insufficient judicial review provisions, and the lack of 
other procedural protections.
  All of this is why a bipartisan group of Senators, three Democrats 
and three Republicans, are introducing the National Security Letter 
Reform Act of 2007.
  The bill places new safeguards on the use of National Security 
Letters and related Patriot Act authorities to protect against abuse. 
It restricts the types of records that can be obtained without a court 
order to those that are the least sensitive and private, and it ensures 
that the FBI can only use NSLs to obtain information about individuals 
with some nexus to a suspected terrorist or spy. It makes sure that the 
FBI can no longer obtain the sensitive records of individuals three or 
four times removed from a suspect, most of whom would be entirely 
innocent.
  It prevents the use of so-called ``exigent letters,'' which the IG 
found the FBI was using in violation of the NSL statutes. It requires 
additional congressional reporting on NSLs, and it requires the FBI to 
establish a compliance program and tracking database for NSLs. It 
requires the Attorney General to issue minimization and destruction 
procedures for information obtained through NSLs, so that information 
obtained about Americans is subject to enhanced protections and the FBI 
does not retain information obtained in error.
  On Section 215, the legislation establishes a standard of 
individualized suspicion for obtaining a FISA business records order, 
requiring that the government have reason to believe the records sought 
relate to a suspected terrorist or spy or someone directly linked to a 
suspected terrorist or spy, and it creates procedural protections to 
prevent abuses. The bill also ensures robust, meaningful and 
constitutionally sound judicial review of both National Security 
Letters and Section 215 business records orders, and the gag orders 
that accompany them.
  This legislation is a measured, reasonable response to a serious 
problem. The NSL authorities operate in secret. The Justice 
Department's classified reports to Congress on the use of NSLs were 
admittedly inaccurate. And when, during the reauthorization process, 
Congress asked questions about how these authorities were being used, 
we got empty assurances and platitudes that we now know were mistaken.
  Oversight alone is not enough. Congress also must take corrective 
action. The Inspector General report has shown both that the executive 
branch cannot be trusted to exercise those powers without oversight and 
that current statutory safeguards are inadequate. This National 
Security Letter Reform Act is the answer.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2088

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

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

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

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

       Section 2709 of title 18, United States Code, is amended to 
     read as follows:

     ``Sec. 2709. National Security Letter for communications 
       subscriber records

       ``(a) Authorization.--
       ``(1) In general.--The Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or Special Agent in Charge of a Bureau field 
     office, may issue in writing and cause to be served on a wire 
     or electronic communications service provider a National 
     Security Letter requiring the production of the following:
       ``(A) The name of the customer or subscriber.
       ``(B) The address of the customer or subscriber.
       ``(C) The length of the provision of service by such 
     provider to the customer or subscriber (including start date) 
     and the types of service utilized by the customer or 
     subscriber.
       ``(D) The telephone number or instrument number, or other 
     subscriber number or identifier, of the customer or 
     subscriber, including any temporarily assigned network 
     address.
       ``(E) The means and sources of payment for such service 
     (including any credit card or bank account number).
       ``(F) Information about any service or merchandise orders, 
     including any shipping information and vendor locations.
       ``(G) The name and contact information, if available, of 
     any other wire or electronic communications service providers 
     facilitating the communications of the customer or 
     subscriber.
       ``(2) Limitation.--A National Security Letter issued 
     pursuant to this section shall not require the production of 
     local or long distance telephone records or electronic 
     communications transactional information not listed in 
     paragraph (1).
       ``(b) Requirements.--
       ``(1) In general.--A National Security Letter shall be 
     issued under subsection (a) only where--
       ``(A) the records sought are relevant to an ongoing, 
     authorized and specifically identified national security 
     investigation (other than a threat assessment); and
       ``(B) there are specific and articulable facts providing 
     reason to believe that the records--
       ``(i) pertain to a suspected agent of a foreign power; or
       ``(ii) pertain to an individual who has been in contact 
     with, or otherwise directly linked to, a suspected agent of a 
     foreign power who is the subject of an ongoing, authorized 
     and specifically identified national security investigation 
     (other than a threat assessment); or
       ``(iii) pertain to the activities of a suspected agent of a 
     foreign power, where those activities are the subject of an 
     ongoing, authorized and specifically identified national 
     security investigation (other than a threat assessment), and 
     obtaining the records is the least intrusive means that could 
     be used to identify persons believed to be involved in such 
     activities.
       ``(2) Investigation.--For purposes of this section, an 
     ongoing, authorized, and specifically identified national 
     security investigation--
       ``(A) shall be conducted under guidelines approved by the 
     Attorney General and Executive Order 12333 (or successor 
     order); and
       ``(B) shall not be conducted with respect to a United 
     States person upon the basis of activities protected by the 
     first amendment to the Constitution of the United States.
       ``(3) Contents.--A National Security Letter issued under 
     subsection (a) shall--
       ``(A) describe the records to be produced with sufficient 
     particularity to permit them to be fairly identified;
       ``(B) include the date on which the records must be 
     provided, which shall allow a reasonable period of time 
     within which the records can be assembled and made available;
       ``(C) provide clear and conspicuous notice of the 
     principles and procedures set forth in this section, 
     including notification of any nondisclosure requirement under 
     subsection (c) and a statement laying out the rights and 
     responsibilities of the recipient; and
       ``(D) not contain any requirement that would be held to be 
     unreasonable if contained in a subpoena duces tecum issued by 
     a court of the United States in aid of a grand jury 
     investigation or require the production of any documentary 
     evidence that would be privileged from disclosure if demanded 
     by a subpoena duces tecum issued by a court of the United 
     States in aid of a grand jury investigation.
       ``(4) Retention of records.--The Director of the Federal 
     Bureau of Investigation shall direct that a signed copy of 
     each National Security Letter issued under this section be 
     retained in the database required to be established by 
     section 6 of the National Security Letter Reform Act of 2007.
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) In general.--
       ``(A) In general.--If a certification is issued pursuant to 
     subparagraph (B), no wire

[[Page S12058]]

     or electronic communication service provider, or officer, 
     employee, or agent thereof, who receives a National Security 
     Letter under this section, shall disclose to any person the 
     particular information specified in such certification for 30 
     days after receipt of such National Security Letter.
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in charge of a Bureau field 
     office, certifies that--
       ``(i) there is reason to believe that disclosure of 
     particular information about the existence or contents of a 
     National Security Letter issued under this section will 
     result in--

       ``(I) endangering the life or physical safety of any 
     person;
       ``(II) flight from prosecution;
       ``(III) destruction of or tampering with evidence;
       ``(IV) intimidation of potential witnesses;
       ``(V) interference with diplomatic relations; or
       ``(VI) otherwise seriously endangering the national 
     security of the United States by alerting a target, a 
     target's associates, or the foreign power of which the target 
     is an agent, of the Government's interest in the target; and

       ``(ii) the nondisclosure requirement is narrowly tailored 
     to address the specific harm identified by the Government.
       ``(C) Termination.--If the facts supporting a nondisclosure 
     requirement cease to exist prior to the 30-day period 
     specified in subparagraph (A), an appropriate official of the 
     Federal Bureau of Investigation shall promptly notify the 
     wire or electronic service provider, or officer, employee, or 
     agent thereof, subject to the nondisclosure requirement that 
     such nondisclosure requirement is no longer in effect.
       ``(2) Exception.--
       ``(A) In general.--A wire or electronic communication 
     service provider, or officer, employee, or agent thereof, who 
     receives a National Security Letter under this section may 
     disclose information otherwise subject to any applicable 
     nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with a National Security Letter under this 
     section;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding such National Security Letter; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Nondisclosure requirement.--A person to whom 
     disclosure is made pursuant to subparagraph (A) shall be 
     subject to the nondisclosure requirements applicable to a 
     person to whom a National Security Letter is directed under 
     this section in the same manner as such person.
       ``(C) Notice.--Any recipient who discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform such person of 
     the applicable nondisclosure requirement.
       ``(3) Extension.--The Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, may apply for an order prohibiting disclosure of 
     particular information about the existence or contents of a 
     National Security Letter issued under this section for an 
     additional 180 days.
       ``(4) Jurisdiction.--An application for an order pursuant 
     to this subsection shall be filed in the district court of 
     the United States in any district within which the authorized 
     investigation that is the basis for a request pursuant to 
     this section is being conducted.
       ``(5) Application contents.--An application for an order 
     pursuant to this subsection shall include--
       ``(A) a statement of specific and articulable facts giving 
     the applicant reason to believe that disclosure of particular 
     information about the existence or contents of a National 
     Security Letter issued under this section will result in--
       ``(i) endangering the life or physical safety of any 
     person;
       ``(ii) flight from prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses;
       ``(v) interference with diplomatic relations; or
       ``(vi) otherwise seriously endangering the national 
     security of the United States by alerting a target, a 
     target's associates, or the foreign power of which the target 
     is an agent, of the Government's interest in the target; and
       ``(B) an explanation of how the nondisclosure requirement 
     is narrowly tailored to address the specific harm identified 
     by the Government.
       ``(6) Standard.--The court may issue an ex parte order 
     pursuant to this subsection if the court determines--
       ``(A) there is reason to believe that disclosure of 
     particular information about the existence or contents of a 
     National Security Letter issued under this section will 
     result in--
       ``(i) endangering the life or physical safety of any 
     person;
       ``(ii) flight from prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses;
       ``(v) interference with diplomatic relations; or
       ``(vi) otherwise seriously endangering the national 
     security of the United States by alerting a target, a 
     target's associates, or the foreign power of which the target 
     is an agent, of the Government's interest in the target; and
       ``(B) the nondisclosure requirement is narrowly tailored to 
     address the specific harm identified by the Government.
       ``(7) Renewal.--An order under this subsection may be 
     renewed for additional periods of up to 180 days upon another 
     application meeting the requirements of paragraph (5) and a 
     determination by the court that the circumstances described 
     in paragraph (6) continue to exist.
       ``(8) Termination.--If the facts supporting a nondisclosure 
     requirement cease to exist prior to the expiration of the 
     time period imposed by a court for that nondisclosure 
     requirement, an appropriate official of the Federal Bureau of 
     Investigation shall promptly notify the court, and the court 
     shall terminate such nondisclosure requirement.
       ``(d) Minimization and Destruction.--
       ``(1) In general.--Not later than 180 days after the 
     enactment of this section, the Attorney General shall 
     establish minimization and destruction procedures governing 
     the retention and dissemination by the Federal Bureau of 
     Investigation of any records received by the Federal Bureau 
     of Investigation in response to a National Security Letter 
     under this section.
       ``(2) Definition.--In this section, the term `minimization 
     and destruction procedures' means--
       ``(A) specific procedures that are reasonably designed in 
     light of the purpose and technique of a National Security 
     Letter, to minimize the retention, and prohibit the 
     dissemination, of nonpublicly available information 
     concerning unconsenting United States persons consistent with 
     the need of the United States to obtain, produce, and 
     disseminate foreign intelligence information, including 
     procedures to ensure that information obtained pursuant to a 
     National Security Letter regarding persons no longer of 
     interest in an authorized investigation, or information 
     obtained pursuant to a National Security Letter that does not 
     meet the requirements of this section or is outside the scope 
     of such National Security Letter, is returned or destroyed;
       ``(B) procedures that require that nonpublicly available 
     information, which is not foreign intelligence information, 
     as defined in section 101(e)(1) of the Foreign Intelligence 
     Surveillance Act of 1978, shall not be disseminated in a 
     manner that identifies any United States person, without such 
     person's consent, unless such person's identity is necessary 
     to understand foreign intelligence information or assess its 
     importance; and
       ``(C) notwithstanding subparagraphs (A) and (B), procedures 
     that allow for the retention and dissemination of information 
     that is evidence of a crime which has been, is being, or is 
     about to be committed and that is to be retained or 
     disseminated for law enforcement purposes.
       ``(e) Requirement That Certain Congressional Bodies Be 
     Informed.--
       ``(1) In general.--On a semiannual basis the Director of 
     the Federal Bureau of Investigation shall fully inform the 
     Permanent Select Committee on Intelligence of the Senate and 
     the Select Committee on Intelligence of the House of 
     Representatives, and the Committee on the Judiciary of the 
     Senate and the Committee on the Judiciary of the House of 
     Representatives, concerning all requests made under this 
     section.
       ``(2) Contents.--The report required by paragraph (1) shall 
     include--
       ``(A) a description of the minimization and destruction 
     procedures adopted by the Attorney General pursuant to 
     subsection (d), including any changes to such minimization 
     procedures previously adopted by the Attorney General;
       ``(B) a summary of the court challenges brought pursuant to 
     section 3511 of title 18, United States Code, by recipients 
     of National Security Letters;
       ``(C) a description of the extent to which information 
     obtained with National Security Letters under this section 
     has aided intelligence investigations and an explanation of 
     how such information has aided such investigations; and
       ``(D) a description of the extent to which information 
     obtained with National Security Letters under this section 
     has aided criminal prosecutions and an explanation of how 
     such information has aided such prosecutions.
       ``(f) Use of Information.--
       ``(1) In general.--
       ``(A) Consent.--Any information acquired from a National 
     Security Letter pursuant to this section concerning any 
     United States person may be used and disclosed by Federal 
     officers and employees without the consent of the United 
     States person only in accordance with the minimization and 
     destruction procedures required by this section.
       ``(B) Lawful purpose.--No information acquired from a 
     National Security Letter pursuant to this section may be used 
     or disclosed by Federal officers or employees except for 
     lawful purposes.
       ``(2) Disclosure for law enforcement purposes.--No 
     information acquired pursuant to this section shall be 
     disclosed for law enforcement purposes unless such disclosure

[[Page S12059]]

     is accompanied by a statement that such information, or any 
     information derived therefrom, may only be used in a criminal 
     proceeding with the advance authorization of the Attorney 
     General.
       ``(3) Notification of intended disclosure by the united 
     states.--Whenever the United States intends to enter into 
     evidence or otherwise use or disclose in any trial, hearing, 
     or other proceeding in or before any court, department, 
     officer, agency, regulatory body, or other authority of the 
     United States against an aggrieved person any information 
     obtained or derived from a National Security Letter pursuant 
     to this section, the United States shall, before the trial, 
     hearing, or other proceeding or at a reasonable time before 
     an effort to so disclose or so use this information or submit 
     it in evidence, notify the aggrieved person and the court or 
     other authority in which the information is to be disclosed 
     or used that the United States intends to so disclose or so 
     use such information.
       ``(4) Notification of intended disclosure by state or 
     political subdivision.--Whenever any State or political 
     subdivision thereof intends to enter into evidence or 
     otherwise use or disclose in any trial, hearing, or other 
     proceeding in or before any court, department, officer, 
     agency, regulatory body, or other authority of the State or 
     political subdivision thereof against an aggrieved person any 
     information obtained or derived from a National Security 
     Letter pursuant to this section, the State or political 
     subdivision thereof shall notify the aggrieved person, the 
     court or other authority in which the information is to be 
     disclosed or used, and the Attorney General that the State or 
     political subdivision thereof intends to so disclose or so 
     use such information.
       ``(5) Motion to suppress.--
       ``(A) In general.--Any aggrieved person against whom 
     evidence obtained or derived from a National Security Letter 
     pursuant to this section is to be, or has been, introduced or 
     otherwise used or disclosed in any trial, hearing, or other 
     proceeding in or before any court, department, officer, 
     agency, regulatory body, or other authority of the United 
     States, or a State or political subdivision thereof, may move 
     to suppress the evidence obtained or derived from the 
     National Security Letter, as the case may be, on the grounds 
     that--
       ``(i) the information was acquired in violation of the 
     Constitution or laws of the United States; or
       ``(ii) the National Security Letter was not issued in 
     conformity with the requirements of this section.
       ``(B) Timing.--A motion under subparagraph (A) shall be 
     made before the trial, hearing, or other proceeding unless 
     there was no opportunity to make such a motion or the 
     aggrieved person concerned was not aware of the grounds of 
     the motion.
       ``(6) Judicial review.--
       ``(A) In general.--Whenever--
       ``(i) a court or other authority is notified pursuant to 
     paragraph (3) or (4);
       ``(ii) a motion is made pursuant to paragraph (5); or
       ``(iii) any motion or request is made by an aggrieved 
     person pursuant to any other statute or rule of the United 
     States or any State before any court or other authority of 
     the United States or any State to--

       ``(I) discover or obtain materials relating to a National 
     Security Letter issued pursuant to this section; or
       ``(II) discover, obtain, or suppress evidence or 
     information obtained or derived from a National Security 
     Letter issued pursuant to this section;

     the United States district court or, where the motion is made 
     before another authority, the United States district court in 
     the same district as the authority shall, notwithstanding any 
     other provision of law and if the Attorney General files an 
     affidavit under oath that disclosure would harm the national 
     security of the United States, review in camera the materials 
     as may be necessary to determine whether the request was 
     lawful.
       ``(B) Disclosure.--In making a determination under 
     subparagraph (A), unless the court finds that such disclosure 
     would not assist in determining any legal or factual issue 
     pertinent to the case, the court shall disclose to the 
     aggrieved person, the counsel of the aggrieved person, or 
     both, under the procedures and standards provided in the 
     Classified Information Procedures Act (18 U.S.C. App.) or 
     other applicable law, portions of the application, order, or 
     other related materials, or evidence or information obtained 
     or derived from the order.
       ``(7) Effect of determination of lawfulness.--
       ``(A) Unlawful orders.--If the United States district court 
     determines pursuant to paragraph (6) that the National 
     Security Letter was not in compliance with the Constitution 
     or laws of the United States, the court may, in accordance 
     with the requirements of law, suppress the evidence which was 
     unlawfully obtained or derived from the National Security 
     Letter or otherwise grant the motion of the aggrieved person.
       ``(B) Lawful orders.--If the court determines that the 
     National Security Letter was lawful, it may deny the motion 
     of the aggrieved person except to the extent that due process 
     requires discovery or disclosure.
       ``(8) Binding final orders.--Orders granting motions or 
     requests under paragraph (6), decisions under this section 
     that a National Security Letter was not lawful, and orders of 
     the United States district court requiring review or granting 
     disclosure of applications, orders, or other related 
     materials shall be final orders and binding upon all courts 
     of the United States and the several States except a United 
     States court of appeals or the Supreme Court.
       ``(g) Definitions.--As used in this section--
       ``(1) the term `agent of a foreign power' has the meaning 
     given such term by section 101(b) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801(b));
       ``(2) the term `aggrieved person' means a person whose 
     information or records were sought or obtained under this 
     section; and
       ``(3) the term `foreign power' has the meaning given such 
     term by section 101(a) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801(a)).''.

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

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

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

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

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

       Section 626 of the Fair Credit Reporting Act (15 U.S.C. 
     1681u) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 626. National Security Letters for certain consumer 
       report records'';

       (2) by striking subsections (a) through (d) and inserting 
     the following:
       ``(a) Authorization.--
       ``(1) In general.--The Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or Special Agent in Charge of a Bureau field 
     office, may issue in writing and cause to be served on a 
     consumer reporting agency a National Security Letter 
     requiring the production of--
       ``(A) the name of a consumer;
       ``(B) the current and former address of a consumer;
       ``(C) the current and former places of employment of a 
     consumer; and
       ``(D) the names and addresses of all financial institutions 
     (as that term is defined in section 1101 of the Right to 
     Financial Privacy Act of 1978) at which a consumer maintains 
     or has maintained an account, to the extent that such 
     information is in the files of the consumer reporting agency.
       ``(2) Limitation.--A National Security Letter issued 
     pursuant to this section may not require the production of a 
     consumer report.
       ``(b) National Security Letter Requirements.--
       ``(1) In general.--A National Security Letter issued under 
     this section shall be subject to the requirements of 
     subsections (b) through (g) of section 2709 of title 18, 
     United States Code, in the same manner and to the

[[Page S12060]]

     same extent as those provisions apply with respect to wire 
     and electronic communication service providers.
       ``(2) Reporting.--For purposes of this section, the 
     reporting requirement in section 2709(e) of title 18, United 
     States Code, shall also require informing the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Committee on Financial Services of the House of 
     Representatives.'';
       (3) by striking subsections (f) through (h); and
       (4) by redesignating subsections (e) and (i) through (m) as 
     subsections (c) through (h), respectively.

     SEC. 5. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

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

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

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

     SEC. 7. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

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

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

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

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

       (a) In General.--Section 501(b) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is amended--
       (1) in paragraph (1)(B), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``, such things being 
     presumptively'' through the end of the subparagraph and 
     inserting a semicolon;
       (B) by redesignating subparagraph (B) as subparagraph (C) 
     and striking the period at the end and inserting ``; and''; 
     and
       (C) by inserting after subparagraph (A) the following:
       ``(B) a statement of specific and articulable facts 
     providing reason to believe that the tangible things sought--
       ``(i) pertain to a suspected agent of a foreign power; or
       ``(ii) pertain to an individual who has been in contact 
     with, or otherwise directly linked to, a suspected agent of a 
     foreign power if the circumstances of that contact or link 
     suggest that the records sought will be relevant to an 
     ongoing, authorized and specifically identified national 
     security investigation (other than a threat assessment) of 
     that suspected agent of a foreign power; and''; and
       (3) by inserting at the end the following:
       ``(3) if the applicant is seeking a nondisclosure 
     requirement described in subsection (d), shall include--
       ``(A) a statement of specific and articulable facts 
     providing reason to believe that disclosure of particular 
     information about the existence or contents of the order 
     requiring the production of tangible things under this 
     section will result in--
       ``(i) endangering the life or physical safety of any 
     person;
       ``(ii) flight from prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses;
       ``(v) interference with diplomatic relations; or
       ``(vi) otherwise seriously endangering the national 
     security of the United States by alerting a target, a 
     target's associates, or the foreign power of which the target 
     is an agent, of the Government's interest in the target; and
       ``(B) an explanation of how the nondisclosure requirement 
     is narrowly tailored to address the specific harm identified 
     by the Government.''.
       (b) Order.--Section 501(c) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--
       (1) in paragraph (1), by--
       (A) striking ``subsections (a) and (b)'' and inserting 
     ``subsection (a) and paragraphs (1) and (2) of subsection 
     (b)''; and
       (B) inserting at the end the following: ``If the judge 
     finds that the requirements of subsection (b)(3) have been 
     met, such order shall include a nondisclosure requirement 
     subject

[[Page S12061]]

     to the principles and procedures described in subsection 
     (d)''; and
       (2) in paragraph (2)(C), by inserting before the semicolon 
     ``, if applicable''.
       (c) Nondisclosure.--Section 501(d) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is 
     amended to read as follows:
       ``(d) Nondisclosure.--
       ``(1) In general.--No person who receives an order under 
     subsection (c) that contains a nondisclosure requirement 
     shall disclose to any person the particular information 
     specified in such nondisclosure requirement for 180 days 
     after receipt of such order.
       ``(2) Exception.--
       ``(A) Disclosure.--A person who receives an order under 
     subsection (c) that contains a nondisclosure requirement may 
     disclose information otherwise subject to any applicable 
     nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with an order under this section;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding such order; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Application.--A person to whom disclosure is made 
     pursuant to subparagraph (A) shall be subject to the 
     nondisclosure requirements applicable to a person to whom an 
     order is directed under this section in the same manner as 
     such person.
       ``(C) Notification.--Any person who discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall notify such person of 
     the applicable nondisclosure requirement.
       ``(3) Extension.--The Director of the Federal Bureau of 
     Investigation, or a designee of the Director (whose rank 
     shall be no lower than Assistant Special Agent in Charge), 
     may apply for renewals for the prohibition on disclosure of 
     particular information about the existence or contents of an 
     order requiring the production of tangible things under this 
     section for additional periods of up to 180 days each. Such 
     nondisclosure requirement shall be renewed if a court having 
     jurisdiction pursuant to paragraph (4) determines that the 
     application meets the requirements of subsection (b)(3).
       ``(4) Jurisdiction.--An application for a renewal pursuant 
     to this subsection shall be made to--
       ``(A) a judge of the court established under section 
     103(a); or
       ``(B) a United States Magistrate Judge under chapter 43 of 
     title 28, who is publicly designated by the Chief Justice of 
     the United States to have the power to hear applications and 
     grant orders for the production of tangible things under this 
     section on behalf of a judge of the court established under 
     section 103(a).''.
       (d) Use of Information.--Section 501(h) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
     amended to read as follows:
       ``(h) Use of Information.--
       ``(1) In general.--
       ``(A) Consent.--Any tangible things or information acquired 
     from an order pursuant to this section concerning any United 
     States person may be used and disclosed by Federal officers 
     and employees without the consent of the United States person 
     only in accordance with the minimization procedures required 
     by this section.
       ``(B) Use and disclosure.--No tangible things or 
     information acquired from an order pursuant to this section 
     may be used or disclosed by Federal officers or employees 
     except for lawful purposes.
       ``(2) Disclosure for law enforcement purposes.--No tangible 
     things or information acquired pursuant to this section shall 
     be disclosed for law enforcement purposes unless such 
     disclosure is accompanied by a statement that such tangible 
     things or information, or any information derived therefrom, 
     may only be used in a criminal proceeding with the advance 
     authorization of the Attorney General.
       ``(3) Notification of intended disclosure by the united 
     states.--Whenever the United States intends to enter into 
     evidence or otherwise use or disclose in any trial, hearing, 
     or other proceeding in or before any court, department, 
     officer, agency, regulatory body, or other authority of the 
     United States against an aggrieved person any tangible things 
     or information obtained or derived from an order pursuant to 
     this section, the United States shall, before the trial, 
     hearing, or other proceeding or at a reasonable time before 
     an effort to so disclose or so use the tangible things or 
     information or submit them in evidence, notify the aggrieved 
     person and the court or other authority in which the tangible 
     things or information are to be disclosed or used that the 
     United States intends to so disclose or so use such tangible 
     things or information.
       ``(4) Notification of intended disclosure by state or 
     political subdivision.--Whenever any State or political 
     subdivision thereof intends to enter into evidence or 
     otherwise use or disclose in any trial, hearing, or other 
     proceeding in or before any court, department, officer, 
     agency, regulatory body, or other authority of the State or 
     political subdivision thereof against an aggrieved person any 
     tangible things or information obtained or derived from an 
     order pursuant to this section, the State or political 
     subdivision thereof shall notify the aggrieved person, the 
     court or other authority in which the tangible things or 
     information are to be disclosed or used, and the Attorney 
     General that the State or political subdivision thereof 
     intends to so disclose or so use such tangible things or 
     information.
       ``(5) Motion to suppress.--
       ``(A) In general.--Any aggrieved person against whom 
     evidence obtained or derived from an order pursuant to this 
     section is to be, or has been, introduced or otherwise used 
     or disclosed in any trial, hearing, or other proceeding in or 
     before any court, department, officer, agency, regulatory 
     body, or other authority of the United States, or a State or 
     political subdivision thereof, may move to suppress the 
     evidence obtained or derived from the order, as the case may 
     be, on the grounds that--
       ``(i) the tangible things or information were acquired in 
     violation of the Constitution or laws of the United States; 
     or
       ``(ii) the order was not issued in conformity with the 
     requirements of this section.
       ``(B) Timing.--A motion under subparagraph (A) shall be 
     made before the trial, hearing, or other proceeding unless 
     there was no opportunity to make such a motion or the 
     aggrieved person concerned was not aware of the grounds of 
     the motion.
       ``(6) Judicial review.--
       ``(A) In general.--Whenever--
       ``(i) a court or other authority is notified pursuant to 
     paragraph (3) or (4);
       ``(ii) a motion is made pursuant to paragraph (5); or
       ``(iii) any motion or request is made by an aggrieved 
     person pursuant to any other statute or rule of the United 
     States or any State before any court or other authority of 
     the United States or any State to--

       ``(I) discover or obtain applications, orders, or other 
     materials relating to an order issued pursuant to this 
     section; or
       ``(II) discover, obtain, or suppress evidence or 
     information obtained or derived from an order issued pursuant 
     to this section;

     the United States district court or, where the motion is made 
     before another authority, the United States district court in 
     the same district as the authority shall, notwithstanding any 
     other provision of law and if the Attorney General files an 
     affidavit under oath that disclosure would harm the national 
     security of the United States, review in camera the 
     application, order, and such other related materials as may 
     be necessary to determine whether the order was lawfully 
     authorized and served.
       ``(B) Disclosure.--In making a determination under 
     subparagraph (A), unless the court finds that such disclosure 
     would not assist in determining any legal or factual issue 
     pertinent to the case, the court shall disclose to the 
     aggrieved person, the counsel of the aggrieved person, or 
     both, under the procedures and standards provided in the 
     Classified Information Procedures Act (18 U.S.C. App.) or 
     other applicable law, portions of the application, order, or 
     other related materials, or evidence or information obtained 
     or derived from the order.
       ``(7) Effect of determination of lawfulness.--
       ``(A) Unlawful orders.--If the United States district court 
     determines pursuant to paragraph (6) that the order was not 
     authorized or served in compliance with the Constitution or 
     laws of the United States, the court may, in accordance with 
     the requirements of law, suppress the evidence which was 
     unlawfully obtained or derived from the order or otherwise 
     grant the motion of the aggrieved person.
       ``(B) Lawful orders.--If the court determines that the 
     order was lawfully authorized and served, it may deny the 
     motion of the aggrieved person except to the extent that due 
     process requires discovery or disclosure.
       ``(8) Binding final orders.--Orders granting motions or 
     requests under paragraph (6), decisions under this section 
     that an order was not lawfully authorized or served, and 
     orders of the United States district court requiring review 
     or granting disclosure of applications, orders, or other 
     related materials shall be final orders and binding upon all 
     courts of the United States and the several States except a 
     United States court of appeals or the Supreme Court.''.
       (e) Definition.--Title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 503. DEFINITIONS.

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

     SEC. 10. JUDICIAL REVIEW OF SECTION 215 ORDERS.

       Section 501(f) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1861) is amended to read as follows:
       ``(f) Judicial Review.--
       ``(1) Order for production.--Not later than 20 days after 
     the service upon any person of an order pursuant to 
     subsection (c), or at any time before the return date 
     specified in the order, whichever period is shorter, such 
     person may file, in the court established under section 
     103(a) or in the district court of the United States for the 
     judicial district within which such person resides, is found, 
     or transacts business, a petition for

[[Page S12062]]

     such court to modify or set aside such order. The time 
     allowed for compliance with the order in whole or in part as 
     deemed proper and ordered by the court shall not run during 
     the pendency of such petition in the court. Such petition 
     shall specify each ground upon which the petitioner relies in 
     seeking relief, and may be based upon any failure of such 
     order to comply with the provisions of this section or upon 
     any constitutional or other legal right or privilege of such 
     person.
       ``(2) Nondisclosure order.--
       ``(A) In general.--A person prohibited from disclosing 
     information under subsection (d) may file, in the courts 
     established by section 103(a) or in the district court of the 
     United States for the judicial district within which such 
     person resides, is found, or transacts business, a petition 
     for such court to set aside the nondisclosure requirement. 
     Such petition shall specify each ground upon which the 
     petitioner relies in seeking relief, and may be based upon 
     any failure of the nondisclosure requirement to comply with 
     the provisions of this section or upon any constitutional or 
     other legal right or privilege of such person.
       ``(B) Standard.--The court shall modify or set aside the 
     nondisclosure requirement unless the court determines that--
       ``(i) there is reason to believe that disclosure of the 
     information subject to the nondisclosure requirement will 
     result in--

       ``(I) endangering the life or physical safety of any 
     person;
       ``(II) flight from prosecution;
       ``(III) destruction of or tampering with evidence;
       ``(IV) intimidation of potential witnesses;
       ``(V) interference with diplomatic relations; or
       ``(VI) otherwise seriously endangering the national 
     security of the United States by alerting a target, a 
     target's associates, or the foreign power of which the target 
     is an agent, of the Government's interest in the target; and

       ``(ii) the nondisclosure requirement is narrowly tailored 
     to address the specific harm identified by the Government.
       ``(3) Rulemaking.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the National Security Letter Reform Act of 
     2007, the courts established pursuant to section 103(a) shall 
     establish such rules and procedures and take such actions as 
     are reasonably necessary to administer their responsibilities 
     under this subsection.
       ``(B) Reporting.--Not later than 30 days after promulgating 
     rules and procedures under subparagraph (A), the courts 
     established pursuant to section 103(a) shall transmit a copy 
     of the rules and procedures, unclassified to the greatest 
     extent possible (with a classified annex, if necessary), to 
     the Committee on the Judiciary and the Select Committee on 
     Intelligence of the Senate and the Committee on the Judiciary 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       ``(4) Disclosures to petitioners.--In making determinations 
     under this subsection, unless the court finds that such 
     disclosure would not assist in determining any legal or 
     factual issue pertinent to the case, the court shall disclose 
     to the petitioner, the counsel of the petitioner, or both, 
     under the procedures and standards provided in the Classified 
     Information Procedures Act (18 U.S.C. App.) or other 
     applicable law, portions of the application, order, or other 
     related materials.''.

     SEC. 11. RESOURCES FOR FISA APPLICATIONS.

       (a) Electronic Filing.--
       (1) In general.--The Department of Justice shall establish 
     a secure electronic system for the submission of documents 
     and other information to the court established under section 
     103(a) of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1803) relating to applications for orders under 
     chapter 36 of title 50, authorizing electronic surveillance, 
     physical searches, the use of pen register and trap and trace 
     devices, and the production of tangible things.
       (2) Funding source.--Section 1103(4) of the Violence 
     Against Women and Department of Justice Reauthorization Act 
     of 2005 is amended--
       (A) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (B) in subparagraph (D), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) $5,000,000 for the implementation of the secure 
     electronic filing system established by Section 11(a)(1) of 
     the National Security Letter Reform Act.''.
       (b) Personnel and Information Technology Needs.--
       (1) Office of intelligence policy and review.--
       (A) In general.--The Office of Intelligence Policy and 
     Review of the Department of Justice may hire personnel and 
     procure information technology, as needed, to ensure the 
     timely and efficient processing of applications to the court 
     established under section 103(a) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803).
       (B) Funding source.--
       (i) Section 1103(4) of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 is 
     amended--

       (I) in subparagraph (D), by striking ``and'' after the 
     semicolon;
       (II) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(F) not to exceed $3,000,000 for the personnel and 
     information technology as specified in Section 11(b)(1)(A) of 
     the National Security Letter Reform Act.''.
       (ii) Section 1104(4) of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 is 
     amended--

       (I) in subparagraph (C), by striking ``and'' after the 
     semicolon;
       (II) in subparagraph (D), by striking the period and 
     inserting ``; and''; and
       (III) by adding at the end the following:

       ``(E) not to exceed $3,000,000 for the personnel and 
     information technology as specified in Section 11(b)(1)(A) of 
     the National Security Letter Reform Act.''.
       (2) FBI.--
       (A) In general.--The Federal Bureau of Investigation may 
     hire personnel and procure information technology, as needed, 
     to ensure the timely and efficient processing of applications 
     to the Foreign Intelligence Surveillance Court.
       (B) Funding source.--
       (i) Section 1103(7) of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 is amended 
     by inserting before the period the following: ``, and which 
     shall include not to exceed $3,000,000 for the personnel and 
     information technology as specified in Section 11(b)(2)(A) of 
     the National Security Letter Reform Act''.
       (ii) Section 1104(7) of the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 is amended 
     by inserting before the period the following: ``, and which 
     shall include not to exceed $3,000,000 for the personnel and 
     information technology as specified in Section 11(b)(2)(A) of 
     the National Security Letter Reform Act''.

     SEC. 12. ENHANCED PROTECTIONS FOR EMERGENCY DISCLOSURES.

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

     ``SEC. 1121. EMERGENCY DISCLOSURES.

       ``(a) In General.--
       ``(1) Standard.--A financial institution (as defined in 
     section 1114(c)) may divulge a record described in section 
     1114(a) pertaining to a customer to a Government authority, 
     if the financial institution reasonably believes that an 
     emergency involving immediate danger of death or serious 
     physical injury to any person requires disclosure without 
     delay of information relating to the emergency.
       ``(2) Notice in request.--If a Government authority 
     requests that a financial institution divulge information 
     pursuant to this section, the request shall specify that the 
     disclosure is on a voluntary basis, and shall document the 
     factual basis for believing that an emergency involving 
     immediate danger of death or serious physical injury to any 
     person requires disclosure without delay of the information.
       ``(b) Certificate.--In the instances specified in 
     subsection (a), the Government shall submit to the financial 
     institution the certificate required in section 1103(b), 
     signed by a supervisory official of a rank designated by the 
     head of the Government authority.
       ``(c) Notice to Court.--Within 5 days of obtaining access 
     to financial records under this section, the Government 
     authority shall file with the appropriate court a signed, 
     sworn statement of a supervisory official of a rank 
     designated by the head of the Government authority setting 
     forth the grounds for the emergency access. The Government 
     authority shall thereafter comply with the notice provisions 
     of section 1109.
       ``(d) Reporting of Emergency Disclosures.--On an annual 
     basis, the Attorney General of the United States shall submit 
     to the Committee on the Judiciary and the

[[Page S12063]]

     Committee on Financial Services of the House of 
     Representatives and the Committee on the Judiciary and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate a report containing--
       ``(1) the number of individuals for whom the Department of 
     Justice has received voluntary disclosures under this 
     section; and
       ``(2) a summary of the bases for disclosure in those 
     instances where--
       ``(A) voluntary disclosures under this section were made to 
     the Department of Justice; and
       ``(B) the investigation pertaining to those disclosures was 
     closed without the filing of criminal charges.''.
       (2) Conforming amendments.--The Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3401 et seq.) is amended--
       (A) in section 1102 (12 U.S.C. 3402), by striking ``or 
     1114'' and inserting ``1114, or 1121''; and
       (B) in section 1109(c) (12 U.S.C. 3409(c)), by striking 
     ``1114(b)'' and inserting ``1121''.
       (c) Fair Credit Reporting Act.--Section 627 of the Fair 
     Credit Reporting Act (15 U.S.C. 1681v) is amended to read as 
     follows:

     ``SEC. 627. EMERGENCY DISCLOSURES.

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

     SEC. 13. CLARIFICATION REGARDING DATA RETENTION.

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

     SEC. 14. LEAST INTRUSIVE MEANS.

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