[Congressional Record Volume 155, Number 134 (Tuesday, September 22, 2009)]
[Senate]
[Pages S9673-S9680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Cardin, and Mr. Kaufman):
  S. 1692. 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; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, security and liberty are both essential in 
our free society. Benjamin Franklin wrote: ``Those who can give up 
essential liberty to obtain a little temporary safety, deserve neither 
liberty nor safety.'' I have been mindful of this since the devastating 
attacks of September 11, and each time we have considered the USA 
PATRIOT Act. The American people of today and those of tomorrow--our 
children and grandchildren--depend on us to do our best to ensure both 
security and the preservation of our essential liberties.
  After September 11, the Government's power to gather information 
about those suspected of, or connected to, potential terrorists 
increased. Because such surveillance may, sometimes by mistake, sweep 
in U.S. citizens, we must vigilantly monitor these laws to ensure that 
they are implemented appropriately. This calls for public, judicial and 
congressional oversight to make sure we maintain the proper respect for 
security and liberty.

[[Page S9674]]

  After September 11, I introduced the USA PATRIOT Act, Patriot Act, to 
give the Government the tools needed to defend this country and 
aggressively pursue those who would do us harm. Even in those dark 
days, I insisted on oversight. Working with the then House Majority 
Leader, Republican Dick Armey, we included sunsets for some of the 
provisions of the bill that had the greatest potential to directly 
affect Americans.
  We debated the reauthorization of the Patriot Act for several months 
in 2005 and 2006. I again fought to protect the civil liberties and 
constitutional rights of Americans. Unfortunately, after a series of 
short extensions, the reauthorization of 2006 lacked sufficient 
constitutional protections over the vast authorities it granted to the 
Government. I had worked to secure increased oversight and to include 
new sunsets in the bill.
  With those sunsets expiring on December 31, 2009, we must once again 
consider the Patriot Act. Three provisions of the Patriot Act are 
slated to expire at the end of this year, including the authorization 
for roving wiretaps, the ``lone wolf'' measure, and orders for tangible 
things, commonly referred to as the ``library'' provision.
  In March, I sent Attorney General Holder a letter requesting the 
administration's views on these expiring provisions. I reiterated that 
request at a Senate Judiciary Committee oversight hearing in June. I 
have recently received a letter from the Attorney General urging us to 
extend the expiring authorities. I appreciate the President and the 
Attorney General's emphasis on accountability and checks and balances, 
and their willingness to consider additional ideas.
  Today I am introducing a bill with Senators Cardin and Kaufman that 
does just that. It will extend the authorization of the three expiring 
provisions. The bill also updates checks and balances by increasing 
judicial review of the use of Government powers that capture 
information on U.S. citizens, and augments congressional oversight. We 
propose increasing Government accountability through more transparent 
public reporting of the use of surveillance, and by requiring audits of 
how these vast authorities have been used since they were last 
reauthorized. In addition, we propose that, given their extensive use 
abuse and intrusiveness, we include a sunset for National Security 
Letters, NSLs. I introduced a bill in 2006, after the most recent 
Patriot Act reauthorization, to impose a sunset on NSLs. This sunset 
provision, combined with a comprehensive audit by the Inspector 
General, will help to hold the Federal Bureau of Investigation, FBI, 
accountable in its use of this authority.
  In developing this bill, I worked closely with Senators Feingold and 
Durbin to protect the rights and privacy of Americans, and to expand 
oversight. Senators Feingold and Durbin have worked tirelessly over the 
years to protect the civil liberties of Americans, from the first 
debate over the Patriot Act in 2001, to the reauthorization in 2006, to 
the FISA Amendments Act enacted last year. I am pleased that Senators 
Cardin, Kaufman and I have adopted some of the concepts they proposed 
in the SAFE Act of 2005, and that were included in the broader Patriot 
Act reauthorization bill they introduced last week, the JUSTICE Act.
  I have long been concerned over the issuance and oversight of NSLs. 
National Security Letters are, in effect, a form of administrative 
subpoena. They do not require approval by a court, grand jury, or 
prosecutor. They are issued in secret, with recipients silenced, under 
penalty of law. Yet NSLs allow the Government to collect sensitive 
information, such as personal financial records. As Congress expanded 
the NSL authority in recent years, I raised concerns about how the FBI 
handles the information it collects on Americans. I noted that, with no 
real limits imposed by Congress, the FBI could store this information 
electronically and use it for large-scale, data-mining operations. We 
now know that the NSL authority was significantly misused. In 2008 the 
Department of Justice Inspector General issued a report on the FBI's 
use of NSLs revealing serious over-collection of information and abuse 
of the NSL authority.
  We should reconsider the breadth of the NSL authority. This bill 
would also impose more judicial oversight and higher standards on the 
issuance of NSLs. It would require the FBI to include a statement of 
facts articulating why the information it is seeking is relevant to an 
authorized investigation.
  The bill also addresses the constitutional deficiency recently 
identified by the Second Circuit Court of appeals in Doe v. Musasey. 
The Second Circuit found that the nondisclosure, or ``gag orders,'' 
issued under NSLs are a constitutional infringement. I have long 
maintained that position. The bill establishes a procedure whereby the 
recipient of an NSL has 21 days to notify the Government that it wishes 
to challenge the nondisclosure requirement. The Government then has 21 
additional days to apply for a court order to compel compliance with 
the nondisclosure requirement. This scheme corrects the constitutional 
defects found by the Second Circuit. The bill would shift the burden of 
defending the need for a gag order to the Government. This bill also 
eliminates the NSL nondisclosure provision that allows the Government 
to ensure itself of victory by certifying that, in its view, disclosure 
``may'' endanger national security or ``may'' interfere with diplomatic 
relations. The bill further strengthens judicial review of 
nondisclosure or ``gag orders'' associated with NSLs by imposing a one-
year limitation on such orders. To protect on-going law enforcement 
investigations, it permits renewals of the nondisclosure orders in 
appropriate cases.
  The power of the government to collect records for tangible things 
under Section 215 of the original Patriot Act, commonly referred to as 
the ``library records'' provision, is another authority that I worked 
to reform during the last reauthorization. It is time to redefine the 
way we describe this authority to accurately reflect the broad scope of 
information it allows the government to collect. Section 215 allows the 
FISA court to secretly require any entity to produce any document or 
other tangible thing with a minimal standard of relevance and a 
presumption in favor of the Government's showing of relevance. This 
bill correctly identifies Section 215 orders as orders for ``tangible 
things'' as opposed to only for ``business records'' as it is in 
current law.
  This bill adopts the reasonable constitutional standard that I 
supported in 2006 for 215 orders. First, it would eliminate the 
presumption in favor of the government's assertion that the records it 
is seeking are relevant to its investigation. This bill would require 
the Government to make a connection between the records or other things 
it seeks and a suspected terrorist or spy before it is able to obtain 
confidential records such as library, medical and telephone records. 
Section 215 orders for tangible things permit the Government to collect 
an even broader scope of information than NSLs. For that reason, it is 
critical that the Government show that the records it seeks are both 
relevant to an investigation and connected to at least a suspected 
terrorist or spy.
  This bill would also establish more meaningful judicial review of 
Section 215 orders. First, it repeals the requirement in current law 
that requires a recipient of a Section 215 nondisclosure order to wait 
for a full year before challenging that gag order. There is no 
justification for this mandatory waiting period for judicial review, 
and this bill eliminates it. It also repeals a provision added to the 
law in 2006 stating that a conclusive presumption in favor of the 
Government shall apply where a high level official certifies that 
disclosure of the order for tangible things would endanger national 
security or interfere with diplomatic relations. These restraints on 
meaningful judicial review are unfair, unjustified, and completely 
unacceptable. I fought hard to keep these two provisions out of the 
2006 reauthorization, but the Republican majority at that time insisted 
they be included.
  This bill will strengthen court oversight of Section 215 orders by 
requiring court oversight of minimization procedures when information 
concerning a U.S. person is acquired, retained, or disseminated. 
Requiring FISA Court approval of minimization procedures would simply 
bring Section 215 orders in line with other FISA authorities--such as 
wiretaps, physical searches,

[[Page S9675]]

and pen register and trap and trace devices--that already require FISA 
court approval of minimization procedures. This is another common sense 
modification to the law that was drafted in consultation with Senators 
Feingold and Durbin. If we are to allow personal information to be 
collected in secret, the court must be more involved in making sure the 
authorities are used responsibly and that Americans' information and 
personal privacy are protected.
  Finally, this bill addresses concerns over the use of pen register or 
trap and trace devices ``pen/trap''. The bill raises the standard for 
pen/trap in the same manner as it raises the standard for Section 215 
orders. The Government would be required to show that the information 
it seeks is both relevant to an investigation and connected to a 
suspected terrorist or spy. This section also requires court review of 
minimization procedures, which are not required under current law, and 
adds an Inspector General audit of the use of pen/trap that is modeled 
on the the audits of Section 215 orders and NSLs.
  I look forward to working with the members of the Judiciary 
Committee, the Senate, the House and with the administration as this 
bill moves forward, and I welcome the views of others.
  Mr. President, 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. 1692

       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:

[[Page S9676]]

       ``(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;

[[Page S9677]]

       ``(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

[[Page S9678]]

     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

[[Page S9679]]

     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);

[[Page S9680]]

       (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.
                                 ______