[Congressional Record Volume 157, Number 11 (Wednesday, January 26, 2011)]
[Senate]
[Pages S273-S290]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 188. A bill to designate the United States courthouse under 
construction at 98 West First Street, Yuma, Arizona, as the ``John M. 
Roll United States Courthouse''; to the Committee on Environment and 
Public Works.
  Mr. McCAIN. Mr. President, I wish to introduce legislation to name 
the United States courthouse in Yuma, AZ, the John M. Roll United 
States Courthouse. Is that legislation at the desk?
  The ACTING PRESIDENT pro tempore. The bill will be received.
  Mr. McCAIN. Madam President, I am pleased to introduce legislation, 
along with Senator Kyl, that would designate the soon-to-be-constructed 
Federal courthouse in Yuma, AZ, to be named in honor of Chief Judge 
John Roll, who died tragically during the senseless act of violence 
against Congresswoman Giffords and other Arizonans in Tucson earlier 
this month. I had the distinct privilege of knowing and working with 
Chief Judge Roll for many years. In fact, it was my honor to recommend 
him to President George Herbert Walker Bush for nomination to the 
Federal bench in 1991. He served with distinction. Most recently, Judge 
Roll became known by so many in the State of Arizona, the Judicial 
Conference, and many in Congress as a tireless advocate for the 
plaintiffs, defendants, and judges in Arizona by working to secure 
additional funding and resources to assist the court in its heavy 
caseload.
  The morning of the shooting, Judge Roll was in line to speak to 
Congresswoman Giffords, who was also a friend, about his efforts to 
have the Ninth Circuit declared a judicial emergency in the District of 
Arizona. He died doing what he did each and every day: working to 
guarantee the Federal courts in our State were capable of handling the 
growing caseload, while ensuring swift justice for all.
  Judge Roll exemplified the qualities all Presidents should seek in 
candidates for the Federal bench: intelligence, humility, integrity, 
and fidelity to the law. He embodied all these qualities and many more. 
Additionally, he was known as a kind neighbor, a dedicated father and 
husband, and a loyal friend. He will now be known also as a hero.
  The Arizona Daily Star reported on January 20, 2011:

       Surveillance footage of the January 8 shooting campaign in 
     Tucson showed that Judge Roll used his body as a shield to 
     cover the wounded Ron Barber. Roll then took a bullet to the 
     back and lost his life in the process.
       ``The judge is a hero,'' Pima County sheriff's Bureau Chief 
     Rick Kastigar said.

  The article states that the suspected gunman:

       . . . shot Barber, Giffords' district director. Almost 
     simultaneously, Roll moved Barber toward the ground and both 
     crawled beneath

[[Page S274]]

     a table, Kastigar said. Roll then got on top of Barber.
       ``Judge Roll is responsible for directing Mr. Barber out of 
     the line of fire and helped save his life,'' Kastigar said.

  Barber told the Arizona Daily Star:

       That just gives me more admiration for the judge than I 
     ever had. . . . John Roll was a dear, dear man.

  Barber and Judge Roll had been friends for many years, dating back to 
their days as college students at the University of Arizona. Most 
recently, they worked together with the Arizona congressional 
delegation to secure funding for a new Federal courthouse in Yuma, AZ, 
to alleviate the congestion at the Tucson Federal courthouse. In fact, 
Judge Roll had just reviewed the architectural drawings of the new 
courthouse weeks before his death and told my office he was very 
pleased with the design.
  It is the hope of myself and Senator Kyl and every Member of the 
Arizona delegation that the architectural designs will soon include the 
name of Chief Judge John Roll prominently on the building. This 
esteemed jurist, friend, and hero deserves this honor and much more. 
Our State has lost a good man, a true and able advocate for justice for 
all, and a great Arizonan. For this reason, I ask my fellow Senators to 
join me in passing this legislation to allow the new Yuma Federal 
courthouse to be proudly known as the John M. Roll United States 
Courthouse.
  Mr. KYL. Mr. President, my State has lost an outstanding jurist, a 
true and able public servant, and a great Arizonan in Judge John M. 
Roll. In his honor, my Arizona colleague, Senator McCain, and I propose 
naming the soon-to-be constructed Yuma Federal courthouse the ``Judge 
John M. Roll United States Courthouse.''
  Judge John Roll was the top proponent for the addition of a new 
courthouse in Yuma, which is intended to help deal with the vast number 
of Federal cases in the underserved Yuma sector. He was involved in 
nearly every aspect of its approval, working tirelessly to overcome the 
many obstacles that arose during the process and spending countless 
hours poring over designs and meeting with architects and contractors. 
Without Judge Roll's energy and enthusiasm the project may not have 
been accomplished.
  We name special places after special people not just to thank them, 
although we do, but to honor the qualities that make them exceptional 
and distinct.
  I had the privilege and honor of working with Judge John Roll for 
many years. He was known for his fairness to all who appeared in his 
courtroom, both plaintiffs and defendants. As chief judge, he was a 
vigorous advocate, working to guarantee the Federal courts in Arizona 
were capable of handing their extraordinary caseload. In fact, he died 
protecting the life of a member of Representative Gifford's staff with 
whom he had just been discussing the need to designate the need for 
more judges as a judicial emergency.
  We are eternally grateful for his many years of public service. I 
believe naming the courthouse in his honor befits the rich legacy he 
leaves behind.
  I urge my colleagues to support this legislation in honor of my 
friend Judge John Roll.
                                 ______
                                 
      By Mr. LEAHY:
  S. 193. A bill to extend the sunset of certain provisions of the USA 
PATRIOT Act, and for other purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, Congress now faces a deadline to take 
action on the expiring provisions of the USA PATRIOT Act. The bill I 
introduce today, the USA PATRIOT Act Sunset Extension Act of 2011, will 
preserve law enforcement techniques that are set to expire on February 
28, 2011, and extend them to December 2013. This bill will also promote 
transparency and expand privacy and civil liberties safeguards in 
current law. It increases judicial oversight of government surveillance 
powers that capture information on Americans. This is a package of 
reforms that all Americans should support. In fact, a bipartisan group 
of Senators on the Judiciary Committee voted in favor of it in the last 
Congress.
  In the 111th Congress, the Judiciary Committee reported virtually 
identical legislation, S. 1692, with bipartisan support, including the 
votes of Senators Kyl and Cornyn. Subsequent negotiations produced a 
package that was endorsed by the Attorney General and the Director of 
National Intelligence. Because Congress did not act on that negotiated 
package of reforms, but instead passed an extension of the expiring 
authorities until February 28, 2011, I took steps to see that key 
portions of the package were implemented administratively by the 
Department of Justice.
  Even with this progress, enacting the USA PATRIOT Act Sunset 
Extension Act of 2011 remains imperative for several reasons. First, 
surveillance authorities are set to expire in a matter of weeks. We 
should not play politics with national security by delaying debate over 
these issues until the 11th hour. I am prepared to extend the sunsets 
on the three expiring provisions to December 2013, the same sunset date 
I included in S.1692RS, the bill I introduced in the 111th Congress. 
Earlier this month, a bill was introduced in the House of 
Representatives to extend the expiring provisions only until February 
2012, an expiration date chosen deliberately to try to force a debate 
over national security in an election year. My bill sets a longer 
sunset period, which law enforcement strongly favors.
  Second, the Senate should pass the USA PATRIOT Act Sunset Extension 
Act of 2011 to codify the steps forward that the Attorney General has 
taken by implementing parts of the bill administratively. The reforms 
adopted by this Attorney General could be undone by a future Attorney 
General with the stroke of a pen. We must ensure that the progress in 
accountability and transparency that we achieved last year is not lost 
simply because it was never written into the statute.
  Third, we must enact the parts of the bill that the Attorney General 
did not or could not adopt because they require a change in the 
statute. Chief among these is adding a new sunset on National Security 
Letters. Second is repealing the presumption in favor of the government 
that a judge must honor when he or she reviews an application for a 
section 215 order for business records. The government does not need 
this presumption. In fact, the Attorney General endorsed the repeal of 
the presumption when he expressed his support for the bill in the prior 
Congress.
  When this bill was considered by the Judiciary Committee in the 111th 
Congress, it received a bipartisan vote. Members of the committee 
agreed to continue discussions over a handful of provisions to ensure 
that the final language promoted transparency, protected civil 
liberties, and aided law enforcement. I appreciate the votes of 
Senators Kyl and Cornyn in favor of the reported bill. In the weeks 
following the 2009 markup, this bipartisan group of Senators worked 
closely with me and Senator Feinstein to reach an agreement on language 
that each Senator supported, and that the Department of Justice 
endorsed. In a letter dated November 9, 2009, the Attorney General 
strongly endorsed the bill and stated unequivocally that the bill did 
not pose any operational concerns. That support was reaffirmed in a 
letter from the Attorney General and the Director of National 
Intelligence to Senate and House leadership on February 19, 2010.
  The bill I introduce today is virtually identical to the product of 
those negotiations. It includes only two noncontroversial updates. 
First, the new bill updates the deadlines by which the Department of 
Justice must issue public reports. This modification simply reflects 
the fact that more than 1 year has passed since the original dates were 
written into the bill. Second, the section of the bill that previously 
required the Department of Justice to establish minimization procedures 
for National Security Letters is redrafted to reflect that fact that 
the Department adopted such procedures in October 2010. Otherwise, this 
bill is the same in substance as that which was supported by a 
bipartisan majority of the Senate Judiciary Committee in 2009.
  We must move quickly, in advance of the looming deadline, to pass 
this bipartisan package. We can preserve the authorities currently in 
place, which give law enforcement the tools it needs to protect 
national security. And we can ensure that inspectors general, the

[[Page S275]]

Congress, and the public maintain vigilant oversight of the government, 
making sure these authorities are used properly and within 
Constitutional bounds. I urge all Senators to support the USA PATRIOT 
Act Sunset Extension Act of 2011.
  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. 193

       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 2011''.

     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 ``February, 28, 2011'' and 
     inserting `` December 31, 2013''.
       (2) Conforming amendments.--
       (A) In general.--The Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801 et seq.), as amended by section 3 of 
     this Act, is amended--
       (i) in the table of contents in the first section, by 
     striking the items relating to title V and sections 501, 502, 
     and 503 and inserting the following:

``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE 
                                PURPOSES

``Sec. 501. Definitions.
``Sec. 502. Access to certain business records for foreign intelligence 
              and international terrorism investigations.'';

       (ii) in title V (50 U.S.C. 1861 et seq.)--

       (I) in the title heading, by striking ``AND OTHER TANGIBLE 
     THINGS''; and
       (II) by striking section 503; and

       (iii) in section 601(a)(1)(D) (50 U.S.C. 1871(a)(1)(D)), by 
     striking ``section 501;'' and inserting ``section 502 or 
     under section 501 pursuant to section 102(b)(2) of 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) of 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) Individual Terrorists as Agents of Foreign Powers.--
       (1) Extension of sunset.--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 on and 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) Repeal.--Effective on December 31, 2013--
       (A) section 2709 of title 18, United States Code, is 
     amended to read as such provision read on October 25, 2001;
       (B) section 1114(a)(5) of the Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3414(a)(5)) is amended to read as such 
     provision read on October 25, 2001;
       (C) subsections (a) and (b) of section 626 of the Fair 
     Credit Reporting Act (15 U.S.C. 1681u) are amended to read as 
     subsections (a) and (b), respectively, of the second of the 2 
     sections designated as section 624 of such Act (15 U.S.C. 
     1681u) (relating to disclosure to the Federal Bureau of 
     Investigation for counterintelligence purposes), as added by 
     section 601 of the Intelligence Authorization Act for Fiscal 
     Year 1996 (Public Law 104-93; 109 Stat. 974), read on October 
     25, 2001;
       (D) section 627 of the Fair Credit Reporting Act (15 U.S.C. 
     1681v) is repealed; and
       (E) section 802 of the National Security Act of 1947 (50 
     U.S.C. 436) is amended to read as such provision read on 
     October 25, 2001.
       (2) Transition provision.--Notwithstanding paragraph (1), 
     the provisions of law referred to in paragraph (1), as in 
     effect on December 30, 2013, shall continue to apply on and 
     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.--Effective 
     December 31, 2013--
       (A) section 3511 of title 18, United States Code, is 
     amended--
       (i) in subsections (a), (c), and (d), by striking ``or 
     627(a)'' each place it appears; and
       (ii) in subsection (b)(1)(A), as amended by section 6(b) of 
     this Act, by striking ``section 626 or 627 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681u and 1681v)'' and inserting 
     ``section 626 of the Fair Credit Reporting Act (15 U.S.C. 
     1681u)'';
       (B) section 118(c) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (18 U.S.C. 3511 note) is 
     amended--
       (i) in subparagraph (C), by adding ``and'' at the end;
       (ii) in subparagraph (D), by striking ``; and'' and 
     inserting a period; and
       (iii) by striking subparagraph (E); and
       (C) the table of sections for the Fair Credit Reporting Act 
     (15 U.S.C. 1681 et seq.) is amended by striking the item 
     relating to section 627.

     SEC. 3. ORDERS FOR ACCESS TO CERTAIN BUSINESS RECORDS AND 
                   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 inserting ``AND OTHER 
     TANGIBLE THINGS'' after ``CERTAIN BUSINESS RECORDS'';
       (2) in subsection (b)(2)--
       (A) in subparagraph (A)--
       (i) by striking ``a statement of facts showing'' and 
     inserting ``a statement of the facts and circumstances relied 
     upon by the applicant to justify the belief of the 
     applicant''; and
       (ii) by striking ``clandestine intelligence activities,'' 
     and all that follows and inserting ``clandestine intelligence 
     activities;''; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) if the records sought are the circulation records or 
     patron lists of a library (as defined in section 213(1) of 
     the Library Services and Technology Act (20 U.S.C. 9122(1)), 
     a statement of facts showing that there are reasonable 
     grounds to believe that the records 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
       ``(C) a statement of proposed minimization procedures.''; 
     and
       (3) in subsection (c)(1)--
       (A) by inserting ``and that the proposed minimization 
     procedures meet the definition of minimization procedures 
     under subsection (g)'' after ``subsections (a) and (b)'';
       (B) by inserting ``, and directing that the minimization 
     procedures be followed'' after ``release of tangible 
     things''; and
       (C) by striking the second sentence.
       (b) Transition Procedures.--Notwithstanding the amendments 
     made by this Act, an order entered under section 501(c)(1) of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1861(c)(1)) that is in effect on the effective date of the 
     amendments made by this section shall remain in effect until 
     the expiration of the order.
       (c) Technical and Conforming Amendments.--
       (1) Definitions.--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 terms `Attorney General', `foreign 
     intelligence information', `international terrorism', 
     `person', `United States', and `United States person' have 
     the meanings given such terms in section 101.''.
       (2) 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 inserting ``AND OTHER TANGIBLE 
     THINGS'' after ``CERTAIN BUSINESS RECORDS''.
       (3) 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--
       (A) by striking the items relating to title V and section 
     501 and inserting the following:

[[Page S276]]

``TITLE V--ACCESS TO CERTAIN BUSINESS RECORDS AND OTHER TANGIBLE THINGS 
                   FOR FOREIGN INTELLIGENCE PURPOSES

``Sec. 501. Access to certain business records and other tangible 
              things for foreign intelligence purposes and 
              international terrorism investigations.''; and

       (B) by inserting after the item relating to section 502 the 
     following:

``Sec. 503. Definitions.''.

     SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES 
                   FOR FOREIGN INTELLIGENCE PURPOSES.

       (a) Application.--Section 402(c) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is 
     amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2)--
       (A) by striking ``a certification by the applicant'' and 
     inserting ``a statement of the facts and circumstances relied 
     upon by the applicant to justify the belief of the 
     applicant''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(3) a statement of whether minimization procedures are 
     being proposed and, if so, a statement of the proposed 
     minimization procedures.''.
       (b) Minimization.--
       (1) Definition.--Section 401 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1841) is amended by 
     adding at the end the following:
       ``(4) The term `minimization procedures' means--
       ``(A) specific procedures, that are reasonably designed in 
     light of the purpose and technique of an order for the 
     installation and use of a pen register or trap and trace 
     device, to minimize the retention, and prohibit the 
     dissemination, of nonpublicly available information known to 
     concern unconsenting United States persons consistent with 
     the need of the United States to obtain, produce, and 
     disseminate foreign intelligence information;
       ``(B) procedures that require that nonpublicly available 
     information, which is not foreign intelligence information 
     shall not be disseminated in a manner that identifies any 
     United States person, without such person's consent, unless 
     such person's identity is necessary to understand foreign 
     intelligence information or assess its importance; and
       ``(C) notwithstanding subparagraphs (A) and (B), procedures 
     that allow for the retention and dissemination of information 
     that is evidence of a crime which has been, is being, or is 
     about to be committed and that is to be retained or 
     disseminated for law enforcement purposes.''.
       (2) Pen registers and trap and trace devices.--Section 402 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1842) is amended--
       (A) in subsection (d)(1), by striking ``the judge finds'' 
     and all that follows and inserting the following: ``the judge 
     finds--
       ``(A) that the application satisfies the requirements of 
     this section; and
       ``(B) that, if there are exceptional circumstances 
     justifying the use of minimization procedures in a particular 
     case, the proposed minimization procedures meet the 
     definition of minimization procedures under this title.''; 
     and
       (B) by adding at the end the following:
       ``(h) At or before the end of the period of time for which 
     the installation and use of a pen register or trap and trace 
     device is approved under an order or an extension under this 
     section, the judge may assess compliance with any applicable 
     minimization procedures by reviewing the circumstances under 
     which information concerning United States persons was 
     retained or disseminated.''.
       (3) Emergencies.--Section 403 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
       (A) by redesignating subsection (c) as subsection (d); and
       (B) by inserting after subsection (b) the following:
       ``(c) If the Attorney General authorizes the emergency 
     installation and use of a pen register or trap and trace 
     device under this section, the Attorney General shall require 
     that minimization procedures be followed, if appropriate.''.
       (4) Use of information.--Section 405(a)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1)) 
     is amended by striking ``provisions of this section'' and 
     inserting ``minimization procedures required under this 
     title''.
       (c) Transition Procedures.--
       (1) Orders in effect.--Notwithstanding the amendments made 
     by this Act, an order entered under section 402(d)(1) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1842(d)(1)) that is in effect on the effective date of the 
     amendments made by this section shall remain in effect until 
     the expiration of the order.
       (2) Extensions.--A request for an extension of an order 
     referred to in paragraph (1) shall be subject to the 
     requirements of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.), as amended by this Act.

     SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY 
                   LETTERS.

       (a) In General.--Section 2709 of title 18, United States 
     Code, is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under paragraph (3) is provided, no wire or electronic 
     communication service provider, or officer, employee, or 
     agent thereof, that receives a request under subsection (a), 
     shall disclose to any person that the Director of the Federal 
     Bureau of Investigation has sought or obtained access to 
     information or records under this section.
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that, absent a prohibition of disclosure 
     under this subsection, there may result--
       ``(i) a danger to the national security of the United 
     States;
       ``(ii) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(iii) interference with diplomatic relations; or
       ``(iv) danger to the life or physical safety of any person.
       ``(2) Exception.--
       ``(A) In general.--A wire or electronic communication 
     service provider, or officer, employee, or agent thereof, 
     that receives a request under subsection (a) may disclose 
     information otherwise subject to any applicable nondisclosure 
     requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Persons necessary for compliance.--Upon a request by 
     the Director of the Federal Bureau of Investigation or the 
     designee of the Director, those persons to whom disclosure 
     will be made under subparagraph (A)(i) or to whom such 
     disclosure was made before the request shall be identified to 
     the Director or the designee.
       ``(C) Nondisclosure requirement.--A person to whom 
     disclosure is made under subparagraph (A) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request is issued under subsection (a) in the same manner 
     as the person to whom the request is issued.
       ``(D) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(3) Right to judicial review.--
       ``(A) In general.--A wire or electronic communications 
     service provider that receives a request under subsection (a) 
     shall have the right to judicial review of any applicable 
     nondisclosure requirement.
       ``(B) Notification.--A request under subsection (a) shall 
     state that if the recipient wishes to have a court review a 
     nondisclosure requirement, the recipient shall notify the 
     Government.
       ``(C) Initiation of proceedings.--If a recipient of a 
     request under subsection (a) makes a notification under 
     subparagraph (B), the Government shall initiate judicial 
     review under the procedures established in section 3511 of 
     this title, unless an appropriate official of the Federal 
     Bureau of the Investigation makes a notification under 
     paragraph (4).
       ``(4) Termination.--In the case of any request for which a 
     recipient has submitted a notification under paragraph 
     (3)(B), if the facts supporting a nondisclosure requirement 
     cease to exist, an appropriate official of the Federal Bureau 
     of Investigation shall promptly notify the wire or electronic 
     service provider, or officer, employee, or agent thereof, 
     subject to the nondisclosure requirement that the 
     nondisclosure requirement is no longer in effect.''.
       (b) Identity of Financial Institutions and Credit 
     Reports.--Section 626 of the Fair Credit Reporting Act (15 
     U.S.C. 1681u) is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under paragraph (3) is provided, no consumer reporting 
     agency, or officer, employee, or agent thereof, that receives 
     a request or order under subsection (a), (b), or (c), shall 
     disclose or specify in any consumer report, that the Federal 
     Bureau of Investigation has sought or obtained access to 
     information or records under subsection (a), (b), or (c).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that, absent a prohibition of disclosure 
     under this subsection, there may result--
       ``(i) a danger to the national security of the United 
     States;
       ``(ii) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(iii) interference with diplomatic relations; or

[[Page S277]]

       ``(iv) danger to the life or physical safety of any person.
       ``(2) Exception.--
       ``(A) In general.--A consumer reporting agency, or officer, 
     employee, or agent thereof, that receives a request or order 
     under subsection (a), (b), or (c) may disclose information 
     otherwise subject to any applicable nondisclosure requirement 
     to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request or order;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request or order; or
       ``(iii) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(B) Persons necessary for compliance.--Upon a request by 
     the Director of the Federal Bureau of Investigation or the 
     designee of the Director, those persons to whom disclosure 
     will be made under subparagraph (A)(i) or to whom such 
     disclosure was made before the request shall be identified to 
     the Director or the designee.
       ``(C) Nondisclosure requirement.--A person to whom 
     disclosure is made under subparagraph (A) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request or order is issued under subsection (a), (b), or 
     (c) in the same manner as the person to whom the request or 
     order is issued.
       ``(D) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(3) Right to judicial review.--
       ``(A) In general.--A consumer reporting agency that 
     receives a request or order under subsection (a), (b), or (c) 
     shall have the right to judicial review of any applicable 
     nondisclosure requirement.
       ``(B) Notification.--A request 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.
       ``(C) Initiation of proceedings.--If a recipient of a 
     request or order under subsection (a), (b), or (c) makes a 
     notification under subparagraph (B), the Government shall 
     initiate judicial review under the procedures established in 
     section 3511 of title 18, United States Code, unless an 
     appropriate official of the Federal Bureau of Investigation 
     makes a notification under paragraph (4).
       ``(4) Termination.--In the case of any request or order for 
     which a consumer reporting agency has submitted a 
     notification under paragraph (3)(B), if the facts supporting 
     a nondisclosure requirement cease to exist, an appropriate 
     official of the Federal Bureau of Investigation shall 
     promptly notify the consumer reporting agency, or officer, 
     employee, or agent thereof, subject to the nondisclosure 
     requirement that the nondisclosure requirement is no longer 
     in effect.''.
       (c) Disclosures to Governmental Agencies for 
     Counterterrorism Purposes.--Section 627 of the Fair Credit 
     Reporting Act (15 U.S.C. 1681v) is amended by striking 
     subsection (c) and inserting the following:
       ``(c) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under paragraph (3) is provided, no consumer reporting 
     agency, or officer, employee, or agent thereof, that receives 
     a request under subsection (a), shall disclose to any person 
     or specify in any consumer report, that a government agency 
     has sought or obtained access to information under subsection 
     (a).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the head of a government agency authorized to 
     conduct investigations of, or intelligence or 
     counterintelligence activities or analysis related to, 
     international terrorism, or a designee, certifies that, 
     absent a prohibition of disclosure under this subsection, 
     there may result--
       ``(i) a danger to the national security of the United 
     States;
       ``(ii) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(iii) interference with diplomatic relations; or
       ``(iv) danger to the life or physical safety of any person.
       ``(2) Exception.--
       ``(A) In general.--A consumer reporting agency, or officer, 
     employee, or agent thereof, that receives a request under 
     subsection (a) may disclose information otherwise subject to 
     any applicable nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the head of the 
     government agency authorized to conduct investigations of, or 
     intelligence or counterintelligence activities or analysis 
     related to, international terrorism, or a designee.
       ``(B) Persons necessary for compliance.--Upon a request by 
     the head of a government agency authorized to conduct 
     investigations of, or intelligence or counterintelligence 
     activities or analysis related to, international terrorism, 
     or a designee, those persons to whom disclosure will be made 
     under subparagraph (A)(i) or to whom such disclosure was made 
     before the request shall be identified to the head of the 
     government agency or the designee.
       ``(C) Nondisclosure requirement.--A person to whom 
     disclosure is made under subparagraph (A) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request is issued under subsection (a) in the same manner 
     as the person to whom the request is issued.
       ``(D) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(3) Right to judicial review.--
       ``(A) In general.--A consumer reporting agency that 
     receives a request under subsection (a) shall have the right 
     to judicial review of any applicable nondisclosure 
     requirement.
       ``(B) Notification.--A request under subsection (a) shall 
     state that if the recipient wishes to have a court review a 
     nondisclosure requirement, the recipient shall notify the 
     government.
       ``(C) Initiation of proceedings.--If a recipient of a 
     request under subsection (a) makes a notification under 
     subparagraph (B), the government shall initiate judicial 
     review under the procedures established in section 3511 of 
     title 18, United States Code, unless an appropriate official 
     of the government agency authorized to conduct investigations 
     of, or intelligence or counterintelligence activities or 
     analysis related to, international terrorism makes a 
     notification under paragraph (4).
       ``(4) Termination.--In the case of any request for which a 
     consumer reporting agency has submitted a notification under 
     paragraph (3)(B), if the facts supporting a nondisclosure 
     requirement cease to exist, an appropriate official of the 
     government agency authorized to conduct investigations of, or 
     intelligence or counterintelligence activities or analysis 
     related to, international terrorism shall promptly notify the 
     consumer reporting agency, or officer, employee, or agent 
     thereof, subject to the nondisclosure requirement that the 
     nondisclosure requirement is no longer in effect.''.
       (d) Financial Records.--Section 1114(a)(5) of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)) is 
     amended by striking subparagraph (D) and inserting the 
     following:
       ``(D) Prohibition of Certain Disclosure.--
       ``(i) Prohibition.--
       ``(I) In general.--If a certification is issued under 
     subclause (II) and notice of the right to judicial review 
     under clause (iii) is provided, no financial institution, or 
     officer, employee, or agent thereof, that receives a request 
     under subparagraph (A), shall disclose to any person that the 
     Federal Bureau of Investigation has sought or obtained access 
     to information or records under subparagraph (A).
       ``(II) Certification.--The requirements of subclause (I) 
     shall apply if the Director of the Federal Bureau of 
     Investigation, or a designee of the Director whose rank shall 
     be no lower than Deputy Assistant Director at Bureau 
     headquarters or a Special Agent in Charge of a Bureau field 
     office, certifies that, absent a prohibition of disclosure 
     under this subparagraph, there may result--
       ``(aa) a danger to the national security of the United 
     States;
       ``(bb) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(cc) interference with diplomatic relations; or
       ``(dd) danger to the life or physical safety of any person.
       ``(ii) Exception.--
       ``(I) In general.--A financial institution, or officer, 
     employee, or agent thereof, that receives a request under 
     subparagraph (A) may disclose information otherwise subject 
     to any applicable nondisclosure requirement to--
       ``(aa) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(bb) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(cc) other persons as permitted by the Director of the 
     Federal Bureau of Investigation or the designee of the 
     Director.
       ``(II) Persons necessary for compliance.--Upon a request by 
     the Director of the Federal Bureau of Investigation or the 
     designee of the Director, those persons to whom disclosure 
     will be made under subclause (I)(aa) or to whom such 
     disclosure was made before the request shall be identified to 
     the Director or the designee.
       ``(III) Nondisclosure requirement.--A person to whom 
     disclosure is made under subclause (I) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request is issued under subparagraph (A) in the same manner 
     as the person to whom the request is issued.
       ``(IV) Notice.--Any recipient that discloses to a person 
     described in subclause (I) information otherwise subject to a 
     nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(iii) Right to judicial review.--
       ``(I) In general.--A financial institution that receives a 
     request under subparagraph (A) shall have the right to 
     judicial review of any applicable nondisclosure requirement.

[[Page S278]]

       ``(II) Notification.--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.
       ``(III) Initiation of proceedings.--If a recipient of a 
     request under subparagraph (A) makes a notification under 
     subclause (II), the Government shall initiate judicial review 
     under the procedures established in section 3511 of title 18, 
     United States Code, unless an appropriate official of the 
     Federal Bureau of Investigation makes a notification under 
     clause (iv).
       ``(iv) Termination.--In the case of any request for which a 
     financial institution has submitted a notification under 
     clause (iii)(II), if the facts supporting a nondisclosure 
     requirement cease to exist, an appropriate official of the 
     Federal Bureau of Investigation shall promptly notify the 
     financial institution, or officer, employee, or agent 
     thereof, subject to the nondisclosure requirement that the 
     nondisclosure requirement is no longer in effect.''.
       (e) Requests by Authorized Investigative Agencies.--Section 
     802 of the National Security Act of 1947 (50 U.S.C. 436), is 
     amended by striking subsection (b) and inserting the 
     following:
       ``(b) Prohibition of Certain Disclosure.--
       ``(1) Prohibition.--
       ``(A) In general.--If a certification is issued under 
     subparagraph (B) and notice of the right to judicial review 
     under paragraph (3) is provided, no governmental or private 
     entity, or officer, employee, or agent thereof, that receives 
     a request under subsection (a), shall disclose to any person 
     that an authorized investigative agency described in 
     subsection (a) has sought or obtained access to information 
     under subsection (a).
       ``(B) Certification.--The requirements of subparagraph (A) 
     shall apply if the head of an authorized investigative agency 
     described in subsection (a), or a designee, certifies that, 
     absent a prohibition of disclosure under this subsection, 
     there may result--
       ``(i) a danger to the national security of the United 
     States;
       ``(ii) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(iii) interference with diplomatic relations; or
       ``(iv) danger to the life or physical safety of any person.
       ``(2) Exception.--
       ``(A) In general.--A governmental or private entity, or 
     officer, employee, or agent thereof, that receives a request 
     under subsection (a) may disclose information otherwise 
     subject to any applicable nondisclosure requirement to--
       ``(i) those persons to whom disclosure is necessary in 
     order to comply with the request;
       ``(ii) an attorney in order to obtain legal advice or 
     assistance regarding the request; or
       ``(iii) other persons as permitted by the head of the 
     authorized investigative agency described in subsection (a).
       ``(B) Persons necessary for compliance.--Upon a request by 
     the head of an authorized investigative agency described in 
     subsection (a), or a designee, those persons to whom 
     disclosure will be made under subparagraph (A)(i) or to whom 
     such disclosure was made before the request shall be 
     identified to the head of the authorized investigative agency 
     or the designee.
       ``(C) Nondisclosure requirement.--A person to whom 
     disclosure is made under subparagraph (A) shall be subject to 
     the nondisclosure requirements applicable to a person to whom 
     a request is issued under subsection (a) in the same manner 
     as the person to whom the request is issued.
       ``(D) Notice.--Any recipient that discloses to a person 
     described in subparagraph (A) information otherwise subject 
     to a nondisclosure requirement shall inform the person of the 
     applicable nondisclosure requirement.
       ``(3) Right to judicial review.--
       ``(A) In general.--A governmental or private entity that 
     receives a request under subsection (a) shall have the right 
     to judicial review of any applicable nondisclosure 
     requirement.
       ``(B) Notification.--A request under subsection (a) shall 
     state that if the recipient wishes to have a court review a 
     nondisclosure requirement, the recipient shall notify the 
     Government.
       ``(C) Initiation of proceedings.--If a recipient of a 
     request under subsection (a) makes a notification under 
     subparagraph (B), the Government shall initiate judicial 
     review under the procedures established in section 3511 of 
     title 18, United States Code, unless an appropriate official 
     of the authorized investigative agency described in 
     subsection (a) makes a notification under paragraph (4).
       ``(4) Termination.--In the case of any request for which a 
     governmental or private entity has submitted a notification 
     under paragraph (3)(B), if the facts supporting a 
     nondisclosure requirement cease to exist, an appropriate 
     official of the authorized investigative agency described in 
     subsection (a) shall promptly notify the governmental or 
     private entity, or officer, employee, or agent thereof, 
     subject to the nondisclosure requirement that the 
     nondisclosure requirement is no longer in effect.''.

     SEC. 6. 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; and
       (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 of 1978 (12 U.S.C. 3414), or section 
     802 of the National Security Act of 1947 (50 U.S.C. 436), 
     wishes to have a court review a nondisclosure requirement 
     imposed in connection with the request or order, the 
     recipient shall notify the Government.
       ``(B) Application.--Not later than 30 days after the date 
     of receipt of a notification under subparagraph (A), the 
     Government shall apply for an order prohibiting the 
     disclosure of the existence or contents of the relevant 
     request or order. An application under this subparagraph may 
     be filed in the district court of the United States for the 
     judicial district in which the recipient of the order is 
     doing business or in the district court of the United States 
     for any judicial district within which the authorized 
     investigation that is the basis for the request or order is 
     being conducted. The applicable nondisclosure requirement 
     shall remain in effect during the pendency of proceedings 
     relating to the requirement.
       ``(C) Consideration.--A district court of the United States 
     that receives an application under subparagraph (B) should 
     rule expeditiously, and shall, subject to paragraph (3), 
     issue a nondisclosure order that includes conditions 
     appropriate to the circumstances.
       ``(2) Application contents.--An application for a 
     nondisclosure order or extension thereof under this 
     subsection shall include a certification from the Attorney 
     General, Deputy Attorney General, an Assistant Attorney 
     General, or the Director of the Federal Bureau of 
     Investigation, or in the case of a request by a department, 
     agency, or instrumentality of the Federal Government other 
     than the Department of Justice, the head or deputy head of 
     the department, agency, or instrumentality, containing a 
     statement of specific and articulable facts indicating that, 
     absent a prohibition of disclosure under this subsection, 
     there may result--
       ``(A) a danger to the national security of the United 
     States;
       ``(B) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(C) interference with diplomatic relations; or
       ``(D) danger to the life or physical safety of any person.
       ``(3) Standard.--A district court of the United States 
     shall issue a nondisclosure requirement order or extension 
     thereof under this subsection if the court determines, giving 
     substantial weight to the certification under paragraph (2) 
     that there is reason to believe that disclosure of the 
     information subject to the nondisclosure requirement during 
     the applicable time period will result in--
       ``(A) a danger to the national security of the United 
     States;
       ``(B) interference with a criminal, counterterrorism, or 
     counterintelligence investigation;
       ``(C) interference with diplomatic relations; or
       ``(D) danger to the life or physical safety of any 
     person.''.
       (c) Minimization.--Section 501(g)(1) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(g)(1)) 
     is amended by striking ``Not later than'' and all that 
     follows and inserting ``At or before the end of the period of 
     time for the production of tangible things under an order 
     approved under this section or at any time after the 
     production of tangible things under an order approved under 
     this section, a judge may assess compliance with the 
     minimization procedures by reviewing the circumstances under 
     which information concerning United States persons was 
     retained or disseminated.''.

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

       (a) In General.--Section 2709 of title 18, United States 
     Code, as amended by this Act, is amended--
       (1) by striking subsection (e);
       (2) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (3) by inserting after subsection (b) the following:
       ``(c) Written Statement.--The Director of the Federal 
     Bureau of Investigation, or a designee in a position not 
     lower than Deputy Assistant Director at Bureau headquarters 
     or a Special Agent in Charge in a Bureau field office 
     designated by the Director, may make a certification under 
     subsection (b) only upon a written statement, which shall be 
     retained by the Federal Bureau of Investigation, of specific 
     facts showing that there

[[Page S279]]

     are reasonable grounds to believe that the information sought 
     is relevant to the authorized investigation described in 
     subsection (b).''.
       (b) Identity of Financial Institutions and Credit 
     Reports.--Section 626 of the Fair Credit Reporting Act (15 
     U.S.C. 1681u), as amended by this Act, is amended--
       (1) by striking subsection (h);
       (2) by redesignating subsections (d), (e), (f), and (g) as 
     subsections (e), (f), (g), and (h), respectively; and
       (3) by inserting after subsection (c) the following:
       ``(d) Written Statement.--The Director of the Federal 
     Bureau of Investigation, or a designee in a position not 
     lower than Deputy Assistant Director at Bureau headquarters 
     or a Special Agent in Charge in a Bureau field office 
     designated by the Director, may make a certification under 
     subsection (a) or (b) only upon a written statement, which 
     shall be retained by the Federal Bureau of Investigation, of 
     specific facts showing that there are reasonable grounds to 
     believe that the information sought is relevant to the 
     authorized investigation described in subsection (a) or (b), 
     as the case may be.''.
       (c) Disclosures to Governmental Agencies for 
     Counterterrorism Purposes.--Section 627(b) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681v(b)) is amended--
       (1) in the subsection heading, by striking ``Form of 
     Certification'' and inserting ``Certification'';
       (2) by striking ``The certification'' and inserting the 
     following:
       ``(1) Form of certification.--The certification''; and
       (3) by adding at the end the following:
       ``(2) Written statement.--A supervisory official or officer 
     described in paragraph (1) may make a certification under 
     subsection (a) only upon a written statement, which shall be 
     retained by the government agency, of specific facts showing 
     that there are reasonable grounds to believe that the 
     information sought is relevant to the authorized 
     investigation described in subsection (a).''.
       (d) Financial Records.--Section 1114(a)(5) of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)), as 
     amended by this Act, is amended--
       (1) by striking subparagraph (C);
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following:
       ``(B) The Director of the Federal Bureau of Investigation, 
     or a designee in a position not lower than Deputy Assistant 
     Director at Bureau headquarters or a Special Agent in Charge 
     in a Bureau field office designated by the Director, may make 
     a certification under subparagraph (A) only upon a written 
     statement, which shall be retained by the Federal Bureau of 
     Investigation, of specific facts showing that there are 
     reasonable grounds to believe that the information sought is 
     relevant to the authorized investigation described in 
     subparagraph (A).''.
       (e) Requests by Authorized Investigative Agencies.--Section 
     802(a) of the National Security Act of 1947 (50 U.S.C. 
     436(a)) is amended by adding at the end the following:
       ``(4) A department or agency head, deputy department or 
     agency head, or senior official described in paragraph (3)(A) 
     may make a certification under paragraph (3)(A) only upon a 
     written statement, which shall be retained by the authorized 
     investigative agency, of specific facts showing that there 
     are reasonable grounds to believe that the information sought 
     is relevant to the authorized inquiry or investigation 
     described in paragraph (3)(A)(ii).''.
       (f) Technical and Conforming Amendments.--
       (1) Obstruction of criminal investigations.--Section 
     1510(e) of title 18, United States Code, is amended by 
     striking ``section 2709(c)(1) of this title, section 
     626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 
     U.S.C. 1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 
     1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 
     U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)),'' and inserting 
     ``section 2709(d)(1) of this title, section 626(e)(1) or 
     627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. 
     1681u(e)(1) and 1681v(c)(1)), section 1114(a)(3)(A) or 
     1114(a)(5)(D)(i) of the Right to Financial Privacy Act of 
     1978 (12 U.S.C. 3414(a)(3)(A) and 3414(a)(5)(D)(i)),''.
       (2) Semiannual reports.--Section 507(b) of the National 
     Security Act of 1947 (50 U.S.C. 415b(b)) is amended--
       (A) by striking paragraphs (4) and (5); and
       (B) by redesignating paragraph (6) as paragraph (4).

     SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.

       (a) In General.--Section 118(c) of the USA PATRIOT 
     Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511 
     note) is amended to read as follows:
       ``(c) Reports on Requests for National Security Letters.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `applicable period' means--
       ``(i) with respect to the first report submitted under 
     paragraph (2) or (3), the period beginning 180 days after the 
     date of enactment of the USA PATRIOT Act Sunset Extension Act 
     of 2011 and ending on December 31, 2011; and
       ``(ii) with respect to the second report submitted under 
     paragraph (2) or (3), and each report thereafter, the 6-month 
     period ending on the last day of the second month before the 
     date for submission of the report; and
       ``(B) the term `United States person' has the meaning given 
     that term in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801).
       ``(2) Classified form.--
       ``(A) In general.--Not later than February 1, 2012, and 
     every 6 months thereafter, the Attorney General shall submit 
     to the Select Committee on Intelligence, the Committee on the 
     Judiciary, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Permanent Select Committee on 
     Intelligence, the Committee on the Judiciary, and the 
     Committee on Financial Services of the House of 
     Representatives a report fully informing the committees 
     concerning the requests made under section 2709(a) of title 
     18, United States Code, section 1114(a)(5)(A) of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)), 
     section 626 of the Fair Credit Reporting Act (15 U.S.C. 
     1681u), section 627 of the Fair Credit Reporting Act (15 
     U.S.C. 1681v), or section 802 of the National Security Act of 
     1947 (50 U.S.C. 436) during the applicable period.
       ``(B) Contents.--Each report under subparagraph (A) shall 
     include, for each provision of law described in subparagraph 
     (A)--
       ``(i) the number of authorized requests under the 
     provision, including requests for subscriber information; and
       ``(ii) the number of authorized requests under the 
     provision--

       ``(I) that relate to a United States person;
       ``(II) that relate to a person that is not a United States 
     person;
       ``(III) that relate to a person that is--

       ``(aa) the subject of an authorized national security 
     investigation; or
       ``(bb) an individual who has been in contact with or 
     otherwise directly linked to the subject of an authorized 
     national security investigation; and

       ``(IV) that relate to a person that is not known to be the 
     subject of an authorized national security investigation or 
     to have been in contact with or otherwise directly linked to 
     the subject of an authorized national security investigation.

       ``(3) Unclassified form.--
       ``(A) In general.--Not later than February 1, 2012, and 
     every 6 months thereafter, the Attorney General shall submit 
     to the Select Committee on Intelligence, the Committee on the 
     Judiciary, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate and the Permanent Select Committee on 
     Intelligence, the Committee on the Judiciary, and the 
     Committee on Financial Services of the House of 
     Representatives a report fully informing the committees 
     concerning the aggregate total of all requests identified 
     under paragraph (2) during the applicable period ending on 
     the last day of the second month before the date for 
     submission of the report. Each report under this subparagraph 
     shall be in unclassified form.
       ``(B) Contents.--Each report under subparagraph (A) shall 
     include the aggregate total of requests--
       ``(i) that relate to a United States person;
       ``(ii) that relate to a person that is not a United States 
     person;
       ``(iii) that relate to a person that is--

       ``(I) the subject of an authorized national security 
     investigation; or
       ``(II) an individual who has been in contact with or 
     otherwise directly linked to the subject of an authorized 
     national security investigation; and

       ``(iv) that relate to a person that is not known to be the 
     subject of an authorized national security investigation or 
     to have been in contact with or otherwise directly linked to 
     the subject of an authorized national security 
     investigation.''.
       (b) Technical and Conforming Amendment.--Section 627 of the 
     Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by 
     striking subsection (f).

     SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE 
                   SURVEILLANCE ACT OF 1978.

       (a) In General.--Title VI of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1871) is amended by 
     adding at the end the following:

     ``SEC. 602. ANNUAL UNCLASSIFIED REPORT.

       ``Not later than June 30, 2012, and every year thereafter, 
     the Attorney General, in consultation with the Director of 
     National Intelligence, and with due regard for the protection 
     of classified information from unauthorized disclosure, 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 an unclassified 
     report summarizing how the authorities under this Act are 
     used, including the impact of the use of the authorities 
     under this Act on the privacy of United States persons (as 
     defined in section 101).''.
       (b) Technical and Conforming Amendment.--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 inserting after the item relating to section 601 the 
     following:

``Sec. 602. Annual unclassified report.''.

     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 
     ``2011'';
       (B) by striking paragraphs (2) and (3);
       (C) by redesignating paragraphs (4) and (5) as paragraphs 
     (2) and (3), respectively; and
       (D) in paragraph (3), as so redesignated--

[[Page S280]]

       (i) by striking subparagraph (C) and inserting the 
     following:
       ``(C) with respect to calendar years 2007 through 2011, an 
     examination of the minimization procedures used in relation 
     to orders under section 501 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861) and whether the 
     minimization procedures protect the constitutional rights of 
     United States persons.''; and
       (ii) in subparagraph (D), by striking ``(as such term is 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4)))'';
       (2) in subsection (c), by adding at the end the following:
       ``(3) Calendar years 2007, 2008, and 2009.--Not later than 
     September 30, 2011, 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 
     subsection (a) for calendar years 2007, 2008, and 2009.
       ``(4) Calendar years 2010 and 2011.--Not later than 
     December 31, 2012, the Inspector General of the Department of 
     Justice shall submit to the Committee on the Judiciary and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives and the Committee on the Judiciary and the 
     Select Committee on Intelligence of the Senate a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2010 and 2011.'';
       (3) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (4) by inserting after subsection (c) the following:
       ``(d) Intelligence Assessment.--
       ``(1) In general.--For the period beginning on January 1, 
     2007 and ending on December 31, 2011, the Inspector General 
     of each element of the intelligence community outside of the 
     Department of Justice that used information acquired under 
     title V of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1861 et seq.) in the intelligence activities of 
     the element of the intelligence community shall--
       ``(A) assess the importance of the information to the 
     intelligence activities of the element of the intelligence 
     community;
       ``(B) examine the manner in which that information was 
     collected, retained, analyzed, and disseminated by the 
     element of the intelligence community;
       ``(C) describe any noteworthy facts or circumstances 
     relating to orders under title V of the Foreign Intelligence 
     Surveillance Act of 1978 as the orders relate to the element 
     of the intelligence community; and
       ``(D) examine any minimization procedures used by the 
     element of the intelligence community under title V of the 
     Foreign Intelligence Surveillance Act of 1978 and whether the 
     minimization procedures protect the constitutional rights of 
     United States persons.
       ``(2) Submission dates for assessment.--
       ``(A) Calendar years 2007 through 2009.--Not later than 
     September 30, 2011, the Inspector General of each element of 
     the intelligence community that conducts an assessment under 
     this subsection 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 
     Representative a report containing the results of the 
     assessment for calendar years 2007 through 2009.
       ``(B) Calendar years 2010 and 2011.--Not later than 
     December 31, 2012, the Inspector General of each element of 
     the intelligence community that conducts an assessment under 
     this subsection 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 
     assessment for calendar years 2010 and 2011.'';
       (5) in subsection (e), as redesignated by paragraph (3)--
       (A) in paragraph (1)--
       (i) by striking ``a report under subsection (c)(1) or 
     (c)(2)'' and inserting ``any report under subsection (c) or 
     (d)''; and
       (ii) by inserting ``and any Inspector General of an element 
     of the intelligence community that submits a report under 
     this section'' after ``Justice''; and
       (B) in paragraph (2), by striking ``the reports submitted 
     under subsection (c)(1) and (c)(2)'' and inserting ``any 
     report submitted under subsection (c) or (d)'';
       (6) in subsection (f) as redesignated by paragraph (3)--
       (A) by striking ``The reports submitted under subsections 
     (c)(1) and (c)(2)'' and inserting ``Each report submitted 
     under subsection (c)''; and
       (B) by striking ``subsection (d)(2)'' and inserting 
     ``subsection (e)(2)''; and
       (7) by adding at the end the following:
       ``(g) Definitions.--In this section--
       ``(1) the term `intelligence community' has the meaning 
     given that term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 401a); and
       ``(2) the term `United States person' has the meaning given 
     that term in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801).''.
       (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)--
       (A) in paragraph (1), by striking ``2006'' and inserting 
     ``2011''; and
       (B) in paragraph (3)(C), by striking ``(as such term is 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4)))'';
       (2) in subsection (c), by adding at the end the following:
       ``(3) Calendar years 2007, 2008, and 2009.--Not later than 
     September 30, 2011, 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 
     subsection (a) for calendar years 2007, 2008, and 2009.
       ``(4) Calendar years 2010 and 2011.--Not later than 
     December 31, 2012, the Inspector General of the Department of 
     Justice shall submit to the Committee on the Judiciary and 
     the Permanent Select Committee on Intelligence of the House 
     of Representatives and the Committee on the Judiciary and the 
     Select Committee on Intelligence of the Senate a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2010 and 2011.'';
       (3) by striking subsection (g) and inserting the following:
       ``(h) Definitions.--In this section--
       ``(1) the term `intelligence community' has the meaning 
     given that term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 401a);
       ``(2) the term `national security letter' means a request 
     for information under--
       ``(A) section 2709(a) of title 18, United States Code (to 
     access certain communication service provider records);
       ``(B) section 1114(a)(5)(A) of the Right to Financial 
     Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain 
     financial institution customer records);
       ``(C) section 802 of the National Security Act of 1947 (50 
     U.S.C. 436) (to obtain financial information, records, and 
     consumer reports);
       ``(D) section 626 of the Fair Credit Reporting Act (15 
     U.S.C. 1681u) (to obtain certain financial information and 
     consumer reports); or
       ``(E) section 627 of the Fair Credit Reporting Act (15 
     U.S.C. 1681v) (to obtain credit agency consumer records for 
     counterterrorism investigations); and
       ``(3) the term `United States person' has the meaning given 
     that term in section 101 of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801).'';
       (4) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g), respectively;
       (5) by inserting after subsection (c) the following:
       ``(d) Intelligence Assessment.--
       ``(1) In general.--For the period beginning on January 1, 
     2007 and ending on December 31, 2011, the Inspector General 
     of each element of the intelligence community outside of the 
     Department of Justice that issued national security letters 
     in the intelligence activities of the element of the 
     intelligence community shall--
       ``(A) examine the use of national security letters by the 
     element of the intelligence community during the period;
       ``(B) describe any noteworthy facts or circumstances 
     relating to the use of national security letters by the 
     element of the intelligence community, including any improper 
     or illegal use of such authority;
       ``(C) assess the importance of information received under 
     the national security letters to the intelligence activities 
     of the element of the intelligence community; and
       ``(D) examine the manner in which information received 
     under the national security letters was collected, retained, 
     analyzed, and disseminated.
       ``(2) Submission dates for assessment.--
       ``(A) Calendar years 2007 through 2009.--Not later than 
     September 30, 2011, the Inspector General of each element of 
     the intelligence community that conducts an assessment under 
     this subsection 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 
     assessment for calendar years 2007 through 2009.
       ``(B) Calendar years 2010 and 2011.--Not later than 
     December 31, 2012, the Inspector General of any element of 
     the intelligence community that conducts an assessment under 
     this subsection 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 
     assessment for calendar years 2010 and 2011.'';
       (6) in subsection (e), as redesignated by paragraph (4)--
       (A) in paragraph (1)--
       (i) by striking ``a report under subsection (c)(1) or 
     (c)(2)'' and inserting ``any report under subsection (c) or 
     (d)''; and
       (ii) by inserting ``and any Inspector General of an element 
     of the intelligence community that submits a report under 
     this section'' after ``Justice''; and
       (B) in paragraph (2), by striking ``the reports submitted 
     under subsection (c)(1) or (c)(2)'' and inserting ``any 
     report submitted under subsection (c) or (d)''; and

[[Page S281]]

       (7) in subsection (f), as redesignated by paragraph (4)--
       (A) by striking ``The reports submitted under subsections 
     (c)(1) or (c)(2)'' and inserting ``Each report submitted 
     under subsection (c)''; and
       (B) by striking ``subsection (d)(2)'' and inserting 
     ``subsection (e)(2)''.
       (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, 2011.
       (2) Requirements.--The audits required under paragraph (1) 
     shall include--
       (A) an examination of the use of pen registers and trap and 
     trace devices under title IV of the Foreign Intelligence 
     Surveillance Act of 1978 for calendar years 2007 through 
     2011;
       (B) an examination of the installation and use of a pen 
     register or trap and trace device on emergency bases under 
     section 403 of the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1843);
       (C) any noteworthy facts or circumstances relating to the 
     use of a pen register or trap and trace device under title IV 
     of the Foreign Intelligence Surveillance Act of 1978, 
     including any improper or illegal use of the authority 
     provided under that title; and
       (D) an examination of the effectiveness of the authority 
     under title IV of the Foreign Intelligence Surveillance Act 
     of 1978 as an investigative tool, including--
       (i) the importance of the information acquired to the 
     intelligence activities of the Federal Bureau of 
     Investigation;
       (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 and 2011, an 
     examination of the minimization procedures of the Federal 
     Bureau of Investigation 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, or to another department, agency, or 
     instrumentality of Federal, State, local, or tribal 
     governments; 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) Calendar years 2007 through 2009.--Not later than 
     September 30, 2011, 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 audits conducted under 
     paragraph (1) for calendar years 2007 through 2009.
       (B) Calendar years 2010 and 2011.--Not later than December 
     31, 2012, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     the Judiciary and the Permanent Select Committee on 
     Intelligence of the House of Representatives a report 
     containing the results of the audits conducted under 
     paragraph (1) for calendar years 2010 and 2011.
       (4) Intelligence assessment.--
       (A) In general.--For the period beginning January 1, 2007 
     and ending on December 31, 2011, the Inspector General of any 
     element of the intelligence community outside of the 
     Department of Justice that used information acquired under a 
     pen register or trap and trace device under title IV of the 
     Foreign Intelligence Surveillance Act of 1978 in the 
     intelligence activities of the element of the intelligence 
     community shall--
       (i) assess the importance of the information to the 
     intelligence activities of the element of the intelligence 
     community;
       (ii) examine the manner in which the information was 
     collected, retained, analyzed, and disseminated;
       (iii) describe any noteworthy facts or circumstances 
     relating to orders under title IV of the Foreign Intelligence 
     Surveillance Act of 1978 as the orders relate to the element 
     of the intelligence community; and
       (iv) examine any minimization procedures used by the 
     element of the intelligence community 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.
       (B) Submission dates for assessment.--
       (i) Calendar years 2007 through 2009.--Not later than 
     September 30, 2011, the Inspector General of each element of 
     the intelligence community that conducts an assessment under 
     this paragraph 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 Representative a 
     report containing the results of the assessment for calendar 
     years 2007 through 2009.
       (ii) Calendar years 2010 and 2011.--Not later than December 
     31, 2012, the Inspector General of each element of the 
     intelligence community that conducts an assessment under this 
     paragraph 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 Representative a report 
     containing the results of the assessment for calendar years 
     2010 and 2011.
       (5) Prior notice to attorney general and director of 
     national intelligence; comments.--
       (A) Notice.--Not later than 30 days before the submission 
     of any report paragraph (3) or (4), the Inspector General of 
     the Department of Justice and any Inspector General of an 
     element of the intelligence community that submits a report 
     under this subsection 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 any report submitted under paragraph (3) or (4) 
     as the Attorney General or the Director of National 
     Intelligence may consider necessary.
       (6) Unclassified form.--Each report submitted under 
     paragraph (3) and any comments included in that report under 
     paragraph (5)(B) shall be in unclassified form, but may 
     include a classified annex.
       (d) Definitions.--In this section--
       (1) the terms ``foreign intelligence information'' and 
     ``United States person'' have the meanings given those terms 
     in section 101 of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1801); and
       (2) the term ``intelligence community'' has the meaning 
     given that term in section 3 of the National Security Act of 
     1947 (50 U.S.C. 401a).

     SEC. 11. DELAYED NOTICE SEARCH WARRANTS.

       Section 3103a(b)(3) of title 18, United States Code, is 
     amended by striking ``30 days'' and inserting ``7 days''.

     SEC. 12. PROCEDURES.

       (a) In General.--The Attorney General shall periodically 
     review, and revise as necessary, the procedures adopted by 
     the Attorney General on October 1, 2010 for the collection, 
     use, and storage of information obtained in response to a 
     national security letter issued under section 2709 of title 
     18, United States Code, section 1114(a)(5) of the Right to 
     Financial Privacy Act of 1978 (12 U.S.C. 3414(5)), section 
     626 of the Fair Credit Reporting Act (15 U.S.C. 1681u), or 
     section 627 of the Fair Credit Reporting Act (15 U.S.C. 
     1681v).
       (b) Considerations.--In reviewing and revising the 
     procedures described in subsection (a), the Attorney General 
     shall give due consideration to the privacy interests of 
     individuals and the need to protect national security.
       (c) Revisions to Procedures and Oversight.--If the Attorney 
     General makes any significant changes to the procedures 
     described in subsection (a), the Attorney General shall 
     notify and submit a copy of the changes 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.

     SEC. 13. SEVERABILITY.

       If any provision of this Act or an amendment made by this 
     Act, or the application of the provision to any person or 
     circumstance, is held to be unconstitutional, the remainder 
     of this Act and the amendments made by this Act, and the 
     application of the provisions of this Act and the amendments 
     made by this Act to any other person or circumstance, shall 
     not be affected thereby.

     SEC. 14. OFFSET.

       Of the unobligated balances available in the Department of 
     Justice Assets Forfeiture Fund established under section 
     524(c)(1) of title 28, United States Code, $5,000,000 are 
     permanently rescinded and shall be returned to the general 
     fund of the Treasury.

     SEC. 15. EFFECTIVE DATE.

       The amendments made by sections 3, 4, 5, 6, 7, and 11 shall 
     take effect on the date that is 120 days after the date of 
     enactment of this Act.
                                 ______
                                 
      By Mr. McCONNELL (for himself, Mr. Coburn, and Mr. Johanns):
  S. 194. A bill to reduce Fedeal spending and the deficit by 
terminating taxpayer financing of presidential election campaigns and 
party conventions; to the Committee on Finance.
  Mr. McCONNELL. 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:

[[Page S282]]

                                 S. 194

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

     SECTION 1. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL 
                   ELECTION CAMPAIGNS.

       (a) Termination of Designation of Income Tax Payments.--
     Section 6096 of the Internal Revenue Code of 1986 is amended 
     by adding at the end the following new subsection:
       ``(d) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 2009.''.
       (b) Termination of Fund and Account.--
       (1) Termination of presidential election campaign fund.--
       (A) In general.--Chapter 95 of subtitle H of such Code is 
     amended by adding at the end the following new section:

     ``SEC. 9014. TERMINATION.

       ``The provisions of this chapter shall not apply with 
     respect to any presidential election (or any presidential 
     nominating convention) after the date of the enactment of 
     this section, or to any candidate in such an election.''.
       (B) Transfer of excess funds to general fund.--Section 9006 
     of such Code is amended by adding at the end the following 
     new subsection:
       ``(d) Transfer of Funds Remaining After Termination.--The 
     Secretary shall transfer all amounts in the fund after the 
     date of the enactment of this section to the general fund of 
     the Treasury.''.
       (2) Termination of account.--Chapter 96 of subtitle H of 
     such Code is amended by adding at the end the following new 
     section:

     ``SEC. 9043. TERMINATION.

       ``The provisions of this chapter shall not apply to any 
     candidate with respect to any presidential election after the 
     date of the enactment of this section.''.
       (c) Clerical Amendments.--
       (1) The table of sections for chapter 95 of subtitle H of 
     such Code is amended by adding at the end the following new 
     item:

``Sec. 9014. Termination.''.

       (2) The table of sections for chapter 96 of subtitle H of 
     such Code is amended by adding at the end the following new 
     item:

``Sec. 9043. Termination.''.
                                 ______
                                 
      By Mr. REID (for Mr. Rockefeller (for himself, Mr. Cornyn, Mr. 
        Kohl, and Ms. Snowe):
  S. 195. A bill to reinstate Federal matching of State spending of 
child support incentive payments; to the Committee on Finance.
  Mr. ROCKEFELLER. Mr. President, today, I rise to introduce the Child 
Support Protection Act of 2011 with my colleagues, Senators Cornyn, 
Kohl, and Snowe. This bill continues the long-standing, bipartisan 
support of Congress for the Child Support Enforcement program, which 
began with the passage of the authorizing legislation in 1974.
  Child support enforcement is a strong partnership between the Federal 
Government and State governments to help parents provide long-term 
support for their children. It includes a network of 60,000 dedicated 
staff serving 17 million children across this country. It provided 
$24.4 billion to children in 2009. The Congressional Research Service 
reports that receipt of child support reduces child poverty by nearly 
25 percent. The Urban Institute estimates that $4 in child support 
expenditures reduces spending in other public programs by $5.
  So, the Child Support Enforcement program's results are impressive 
and it is widely recognized as one of the most effective programs 
operated by the Federal Government. In fact, the program is notable for 
collecting $4.78 for each dollar of expenditure. It is a true bargain 
that works well.
  Child support programs do much more than just collect money. It works 
with noncustodial parents who need employment so that they can make 
regular payments. Child support staff also plays a critical role in 
times of high unemployment, by processing adjustments to support orders 
so that noncustodial parents do not fall hopelessly behind.
  When Congress passed the Child Support Performance and Incentive Act 
of 1998, CSPIA, it created an innovative incentive program that rewards 
efficient, results-oriented child support enforcement efforts. These 
earned performance incentives must be used for child support 
activities. One of every four dollars from State expenditures to fund 
the child support program comes from CSPIA incentives and matched 
Federal funds. The Deficit Reduction Act, DRA, of 2005 repealed the 
authority to use the earned performance incentives as a match for 
Federal funds. The bill we have introduced today reverses the funding 
reduction imposed by the DRA.
  States are using the incentives in a variety of ways. In my State of 
West Virginia, the incentive dollars are being used to invest in 
technology to upgrade services and enhance customer service. Thirty 
States or territories are investing in staff and program operations. 
Sixteen States are investing in technology, and three others are 
investing in customer service programs.
  The Child Support Protection Act would give States the authority to 
use earned performance incentives to fund this important work and 
continue the impressive results that are being achieved. This permanent 
reversal is critical so that those in State and local government can 
budget for the future. I urge my colleagues in the Senate to cosponsor 
this much needed legislation that is not only important to child 
support enforcement, but our children, their families, and the States.
                                 ______
                                 
      By Mr. McCAIN (for himself and Mr. Kyl):
  S. 201. A bill to clarify the jurisdiction of the Secretary of the 
Interior with respect to the C.C. Cragin Dam and Reservoir, and for 
other purposes; to the Committee on Energy and Natural Resources.
  Mr. McCAIN. Mr. President, I am pleased to be joined by my colleague, 
Senator Kyl, in introducing a bill that would clarify the jurisdiction 
of the Bureau of Reclamation over program activities associated with 
the C.C. Cragin Project in northern Arizona. A companion measure is 
being introduced today in the House by Congressman Paul Gosar from 
Arizona.
  Pursuant to the Arizona Water Settlements Act of 2004, AWSA, Congress 
authorized the Secretary of the Interior to accept from the Salt River 
Project, SRP, title of the C.C. Cragin Dam and Reservoir for the 
express use of the Salt River Federal Reclamation Project. While it is 
clear that Congress intended to transfer jurisdiction of the Cragin 
Project to the Department of the Interior, and in particular, the 
Bureau of Reclamation, the lands underlying the Project are technically 
located within the Coconino National Forest and the Tonto National 
Forest. This has resulted in a disagreement between the Bureau of 
Reclamation and the National Forest Service concerning jurisdiction 
over the operation and management activities of the Cragin Project.
  For more than 5 years, SRP and Reclamation have attempted to reach an 
agreement with the Forest Service that recognizes Reclamation's 
paramount jurisdiction over the Cragin Project. Unfortunately, the 
Forest Service maintains that this technical ambiguity under the AWSA 
implies they have a regulatory role in approving Cragin Project 
operations and maintenance. This bill represents a negotiated 
compromise between the agencies and our offices that appropriately 
clarifies each agency's role with respect to the Dam and the Federal 
lands surrounding it. A similar bill was introduced during the 111th 
Congress and was reported with an amendment by the Senate Energy and 
Natural Resources Committee. The version we are introducing today is 
identical to the Committee reported bill.
  Speedy resolution of this jurisdictional issue is urgently needed in 
order to address repairs and other operational needs of the Cragin 
Project, including planning for the future water needs of the City of 
Payson and other northern Arizona communities. This clarification would 
simply provide Reclamation with the oversight responsibility that 
Congress originally intended. I urge my colleagues to support this 
bill.
                                 ______
                                 
      By Mr. PAUL (for himself, Mr. DeMint, and Mr. Vitter):
  S. 202. A bill to require a full audit of the Board of Governors of 
the Federal Reserve System and the Federal reserve banks by the 
Comptroller General of the United States before the end of 2012, and 
for other purposes; to the Committee on Banking, Housing, and Urban 
Affairs.
  Mr. PAUL. 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. 202

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

[[Page S283]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Reserve Transparency 
     Act of 2011''.

     SEC. 2. AUDIT REFORM AND TRANSPARENCY FOR THE BOARD OF 
                   GOVERNORS OF THE FEDERAL RESERVE SYSTEM.

       (a) In General.--Notwithstanding section 714 of title 31, 
     United States Code, or any other provision of law, an audit 
     of the Board of Governors of the Federal Reserve System and 
     the Federal reserve banks under subsection (b) of such 
     section 714 shall be completed before the end of 2012.
       (b) Report.--
       (1) In general.--A report on the audit required under 
     subsection (a) shall be submitted by the Comptroller General 
     to the Congress before the end of the 90-day period beginning 
     on the date on which such audit is completed and made 
     available to the Speaker of the House of Representatives, the 
     majority and minority leaders of the House of 
     Representatives, the majority and minority leaders of the 
     Senate, the Chairman and Ranking Member of the committee and 
     each subcommittee of jurisdiction in the House of 
     Representatives and the Senate, and any other Member of 
     Congress who requests it.
       (2) Contents.--The report under paragraph (1) shall include 
     a detailed description of the findings and conclusion of the 
     Comptroller General with respect to the audit that is the 
     subject of the report, together with such recommendations for 
     legislative or administrative action as the Comptroller 
     General may determine to be appropriate.
       (c) Repeal of Certain Limitations.--Subsection (b) of 
     section 714 of title 31, United States Code, is amended by 
     striking all after ``in writing.''.
       (d) Technical and Conforming Amendment.--Section 714 of 
     title 31, United States Code, is amended by striking 
     subsection (f).
                                 ______
                                 
      By Mr. LIEBERMAN (for himself, Ms. Collins, Mrs. Feinstein, Mr. 
        Alexander, and Mr. Ensign):
  S. 206. A bill to reauthorize the DC Opportunity Scholarship Program, 
and for other purposes; to the Committee on Homeland Security and 
Governmental Affairs.
  Mr. LIEBERMAN. Mr. President, I rise today to introduce the 
Scholarships for Opportunity and Results Act--SOAR--which seeks to 
reauthorize the DC Opportunity Scholarship Program or OSP. And I am 
proud to be joined by a bipartisan group of Senators in introducing 
this bill--Senator Collins, Senator Feinstein, Senator Alexander and 
Senator Ensign.
  The DC Opportunity Scholarship Program offers scholarships to low-
income students, especially those from failing schools, to attend 
private schools where they can get a better education. This program 
offers District of Columbia students and their families a choice that 
improves the quality of their education and significantly increases 
their likelihood of graduating from high school and attending college.
  Here in Washington, there are many families who can exercise school 
choice. They can afford to live in neighborhoods with good schools, 
they can provide engaging supplemental and afterschool opportunities 
for their children, or they can choose to send their children to 
private schools. However, there are many low-income families whose 
children are trapped in failing schools and do not have those options.
  School reformers in Washington, through their hard work and, at 
times, controversial policies, have begun to make a difference for 
students in the District of Columbia. I applaud the work of Michelle 
Rhee and her team in their tireless efforts to make the District's 
schools better. I am pleased that Mayor Gray has indicated he will 
continue school reform because there is much more work to do on behalf 
of Washington's schoolchildren. District of Columbia test scores are on 
the rise but even so, according to recent National Assessment of 
Educational Progress data, the District of Columbia, while having one 
of the highest per pupil expenditures in the country, settles at the 
bottom of all states in reading and math for both 4th and 8th grade 
students. District of Columbia schools also have among the lowest 
graduation rates in the country.
  We all know that meaningful and effective change is slow and we still 
have a long way to go before we can be confident that each student in 
the District is getting the public education they deserve. Ronald 
Holassie, a high school student in the OSP, expressed the implications 
of this well when he said ``public schools in the District did not go 
bad over night and they won't get better over night.'' Students cannot 
wait for reforms to take effect in the worst of the District's public 
schools--they need a good education right now if they are going to be 
able to fulfill their potential. The Opportunity Scholarships respond 
to that immediate need.
  One of the goals of the OSP is holistic support of the reforms that 
are helping to improve education in all sectors of education here in 
the District. Since 2003, Congress has supported a tri-sector approach 
by appropriating new funds for District public schools, District public 
charter schools and the Opportunity Scholarship Program. Critics of the 
OSP argue that it takes away funds from public schools. That is simply 
not true. The scholarship program was intentionally designed to ensure 
that any funding for Opportunity Scholarships would not reduce funding 
for public schools. This legislation will provide additional new money 
for the District of Columbia's Public Schools, for District of Columbia 
Public Charter Schools, and for the continuation of the Opportunity 
Scholarship Program. We have not changed the three part funding design 
of the initiative.
  The SOAR Act also strengthens the existing requirements for all 
schools participating in the OSP by requiring a valid certificate of 
occupancy and ensuring that teachers in core subjects have an 
appropriate college degree. The bill continues to target students from 
lower income families who are attending those schools most in need of 
improvement and it increases the tuition amounts slightly to levels 
consistent with the tuition charged at typical participating schools. 
The new amounts are still well below the per pupil cost of educating a 
child in the District of Columbia public schools. While we have kept 
the income ceiling for entry into the program unchanged, we have 
increased slightly the income ceiling for those already participating 
in the program to ensure that parents are not forced to choose between 
a modest raise in their income and the scholarship.
  The most recent study conducted by the Department of Education's 
Institute of Education Science shows that the offer of an OSP 
scholarship raised a student's probability of completing high school by 
twelve percentage points overall. The offer of a scholarship improved 
the graduation prospects by thirteen percentage points for the high-
priority group of students from schools designated ``Schools in Need of 
Improvement'' and for those students actually using an OSP scholarship 
the improved graduation rate went up to twenty percentage points. In 
the District of Columbia, where the graduation rates are among the 
lowest in the country, this is important data that cannot be 
overlooked. Overall, parents of OSP students were more satisfied and 
felt school was safer if their child was offered or used an OSP 
scholarship.
  In a landmark education speech at the outset of his presidency, 
President Obama promised that Education Secretary Arne Duncan ``will 
use only one test when deciding what ideas to support . . . : It's not 
whether an idea is liberal or conservative, but whether it works.'' By 
that standard, this program should be continued. It is not a 
Democratic, Republican, or Independent program--it is not a liberal or 
conservative program--it is a program that puts children first. The 
Opportunity Scholarship Program works as evidenced by increased 
graduation rates, higher reading proficiency, and the overwhelming 
support of District families. I urge Republicans and Democrats to rally 
behind the OSP program. Last year we had a vote on the bill that 
received the support of 42 Senators. In this Congress, I will be 
fighting for another vote and am confident there will be more than 50 
votes to reauthorize the program. With these votes and the strong 
support of Speaker Boehner I am hopeful we can give students here in 
the District the opportunities they deserve.
  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. 206

       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 ``Scholarships for Opportunity 
     and Results Act of 2011'' or the ``SOAR Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:

[[Page S284]]

       (1) Parents are best equipped to make decisions for their 
     children, including the educational setting that will best 
     serve the interests and educational needs of their child.
       (2) For many parents in the District of Columbia, public 
     school choice provided under the Elementary and Secondary 
     Education Act of 1965, as amended by the No Child Left Behind 
     Act of 2001, as well as under other public school choice 
     programs, is inadequate. More educational options are needed 
     to ensure all families in the District of Columbia have 
     access to a quality education. In particular, funds are 
     needed to provide low-income parents with enhanced public 
     opportunities and private educational environments, 
     regardless of whether such environments are secular or 
     nonsecular.
       (3) While the per-student cost for students in the public 
     schools of the District of Columbia is one of the highest in 
     the United States, test scores for such students continue to 
     be among the lowest in the Nation. The National Assessment of 
     Educational Progress (NAEP), an annual report released by the 
     National Center for Education Statistics, reported in its 
     2009 study that students in the District of Columbia were 
     being outperformed by every State in the Nation. On the 2009 
     NAEP, 56 percent of fourth grade students scored ``below 
     basic'' in reading, and 44 percent scored ``below basic'' in 
     mathematics. Among eighth grade students, 49 percent scored 
     ``below basic'' in reading and 60 percent scored ``below 
     basic'' in mathematics. On the 2009 NAEP reading assessment, 
     only 17 percent of the District of Columbia fourth grade 
     students could read proficiently, while only 13 percent of 
     the eighth grade students scored at the proficient or 
     advanced level.
       (4) In 2003, Congress passed the DC School Choice Incentive 
     Act of 2003 (Public Law 108-199, 118 Stat. 126), to provide 
     opportunity scholarships to parents of students in the 
     District of Columbia to enable them to pursue a high quality 
     education at a public or private elementary or secondary 
     school of their choice. The DC opportunity scholarship 
     program (DC OSP) under such Act was part of a comprehensive 
     3-part funding arrangement that also included additional 
     funds for the District of Columbia public schools, and 
     additional funds for public charter schools of the District 
     of Columbia. The intent of the approach was to ensure that 
     progress would continue to be made to improve public schools 
     and public charter schools, and that funding for the 
     opportunity scholarship program would not lead to a reduction 
     in funding for the District of Columbia public and charter 
     schools. Resources would be available for a variety of 
     educational options that would give families in the District 
     of Columbia a range of choices with regard to the education 
     of their children.
       (5) The DC OSP was established in accordance with the U.S. 
     Supreme Court decision, Zelman v. Simmons-Harris, 536 U.S. 
     639 (2002), which found that a program enacted for the valid 
     secular purpose of providing educational assistance to low-
     income children in a demonstrably failing public school 
     system is constitutional if it is neutral with respect to 
     religion and provides assistance to a broad class of citizens 
     who direct government aid to religious and secular schools 
     solely as a result of their genuine and independent private 
     choices.
       (6) Since the inception of the DC OSP, it has consistently 
     been oversubscribed. Parents express strong support for the 
     opportunity scholarship program. Rigorous studies of the 
     program by the Institute of Education Sciences have shown 
     significant improvements in parental satisfaction and in 
     reading scores that are more dramatic when only those 
     students consistently using the scholarships are considered. 
     The program also was found to result in significantly higher 
     graduation rates for DC OSP students.
       (7) The DC OSP is a program that offers families in need, 
     in the District of Columbia, important alternatives while 
     public schools are improved. This program should be 
     reauthorized as 1 part of a 3-part comprehensive funding 
     strategy for the District of Columbia school system that 
     provides new and equal funding for public schools, public 
     charter schools, and opportunity scholarships for students to 
     attend private schools.

     SEC. 3. PURPOSE.

       The purpose of this Act is to provide low-income parents 
     residing in the District of Columbia, particularly parents of 
     students who attend elementary schools or secondary schools 
     identified for improvement, corrective action, or 
     restructuring under section 1116 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6316), with 
     expanded opportunities for enrolling their children in other 
     schools in the District of Columbia, at least until the 
     public schools in the District of Columbia have adequately 
     addressed shortfalls in health, safety, and security, and the 
     students in the District of Columbia public schools are 
     testing in mathematics and reading at or above the national 
     average.

     SEC. 4. GENERAL AUTHORITY.

       (a) Authority.--From amounts made available to carry out 
     this section in accordance with section 14(b)(1), the 
     Secretary shall award grants on a competitive basis to 
     eligible entities with approved applications under section 5 
     to carry out a program to provide eligible students with 
     expanded school choice opportunities. The Secretary may award 
     a single grant or multiple grants, depending on the quality 
     of applications submitted and the priorities of this Act.
       (b) Duration of Grants.--The Secretary shall make grants 
     under this section for a period of not more than 5 years.
       (c) Memorandum of Understanding.--
       (1) In general.--The Secretary and the Mayor of the 
     District of Columbia shall enter into a memorandum of 
     understanding regarding the implementation of the program 
     authorized under subsection (a) and the funding described in 
     paragraphs (2) and (3) of section 14(b).
       (2) Contents.--The memorandum of understanding shall 
     address how the Mayor of the District of Columbia will ensure 
     that the public schools and the public charter schools of the 
     District of Columbia comply with all reasonable requests for 
     information as necessary to fulfill the requirements for 
     evaluations conducted under section 9.
       (d) Special Rules.--
       (1) Use of funds.--Notwithstanding any other provision of 
     law, funds appropriated for the DC opportunity scholarship 
     program under the Omnibus Appropriations Act, 2009 (Public 
     Law 111-8, 123 Stat. 654), the Consolidated Appropriations 
     Act of 2010 (Public Law 111-117, 123 Stat. 3181), or any 
     other Act, shall be available until expended and may be used 
     to provide opportunity scholarships under section 7 to new 
     applicants.
       (2) Repeal of site inspection and reporting requirements.--
     The fourth and fifth provisos under the heading ``Federal 
     Payment for School Improvement'' of title IV of Division C of 
     the Consolidated Appropriations Act of 2010 (Public Law 111-
     117, 123 Stat. 3182) are repealed. Any unobligated amounts 
     reserved to carry out such provisos shall be made available 
     to an eligible entity for administrative purposes or for 
     opportunity scholarships under a grant under subsection (a), 
     including for opportunity scholarships for new applicants for 
     the 2011-2012 school year.

     SEC. 5. APPLICATIONS.

       (a) In General.--In order to receive a grant under section 
     4(a), an eligible entity shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may require.
       (b) Contents.--The Secretary may not approve the request of 
     an eligible entity for a grant under section 4(a) unless the 
     entity's application includes--
       (1) a detailed description of--
       (A) how the entity will address the priorities described in 
     section 6;
       (B) how the entity will ensure that if more eligible 
     students seek admission in the program than the program can 
     accommodate, eligible students are selected for admission 
     through a random selection process which gives weight to the 
     priorities described in section 6;
       (C) how the entity will ensure that if more participating 
     eligible students seek admission to a participating school 
     than the school can accommodate, participating eligible 
     students are selected for admission through a random 
     selection process;
       (D) how the entity will notify parents of eligible students 
     of the expanded choice opportunities in order to allow the 
     parents to make informed decisions;
       (E) the activities that the entity will carry out to 
     provide parents of eligible students with expanded choice 
     opportunities through the awarding of scholarships under 
     section 7(a);
       (F) how the entity will determine the amount that will be 
     provided to parents for the tuition, fees, and transportation 
     expenses, if any;
       (G) how the entity will--
       (i) seek out private elementary schools and secondary 
     schools in the District of Columbia to participate in the 
     program; and
       (ii) ensure that participating schools will meet the 
     reporting and other requirements of this Act, and accommodate 
     site visits in accordance with section 7(a)(4)(D);
       (H) how the entity will ensure that participating schools 
     are financially responsible and will use the funds received 
     under a grant under section 4(a) effectively;
       (I) how the entity will address the renewal of scholarships 
     to participating eligible students, including continued 
     eligibility; and
       (J) how the entity will ensure that a majority of its 
     voting board members or governing organization are residents 
     of the District of Columbia; and
       (2) an assurance that the entity will comply with all 
     requests regarding any evaluation carried out under section 
     9.

     SEC. 6. PRIORITIES.

       In awarding grants under section 4(a), the Secretary shall 
     give priority to applications from eligible entities that 
     will most effectively--
       (1) give priority to eligible students who, in the school 
     year preceding the school year for which the eligible student 
     is seeking a scholarship, attended an elementary school or 
     secondary school identified for improvement, corrective 
     action, or restructuring under section 1116 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 6316);
       (2) give priority to students whose household includes a 
     sibling or other child who is already participating in the 
     program of the eligible entity under section 4(a), regardless 
     of whether such students have, in the past, been assigned as 
     members of a control study group for the purposes of an 
     evaluation under section 9;
       (3) target resources to students and families that lack the 
     financial resources to take advantage of available 
     educational options; and

[[Page S285]]

       (4) provide students and families with the widest range of 
     educational options.

     SEC. 7. USE OF FUNDS.

       (a) Opportunity Scholarships.--
       (1) In general.--Subject to paragraphs (2) and (3), an 
     eligible entity receiving a grant under section 4(a) shall 
     use the grant funds to provide eligible students with 
     opportunity scholarships to pay the tuition, fees, and 
     transportation expenses, if any, to enable the eligible 
     students to attend the District of Columbia private 
     elementary school or secondary school of their choice 
     beginning in school year 2011-2012. Each such eligible entity 
     shall ensure that the amount of any tuition or fees charged 
     by a school participating in such eligible entity's program 
     under section 4(a) to an eligible student participating in 
     the program does not exceed the amount of tuition or fees 
     that the school charges to students who do not participate in 
     the program.
       (2) Payments to parents.--An eligible entity receiving a 
     grant under section 4(a) shall make scholarship payments 
     under the program under section 4(a) to the parent of the 
     eligible student participating in the program, in a manner 
     which ensures that such payments will be used for the payment 
     of tuition, fees, and transportation expenses (if any), in 
     accordance with this Act.
       (3) Amount of assistance.--
       (A) Varying amounts permitted.--Subject to the other 
     requirements of this section, an eligible entity receiving a 
     grant under section 4(a) may award scholarships in larger 
     amounts to those eligible students with the greatest need.
       (B) Annual limit on amount.--
       (i) Limit for school year 2011-2012.--The amount of 
     assistance provided to any eligible student by an eligible 
     entity under a program under section 4(a) for school year 
     2011-2012 may not exceed--

       (I) $8,000 for attendance in kindergarten through grade 8; 
     and
       (II) $12,000 for attendance in grades 9 through 12.

       (ii) Cumulative inflation adjustment.--The limits described 
     in clause (i) shall apply for each school year following 
     school year 2011-2012, except that the Secretary shall adjust 
     the maximum amounts of assistance (as described in clause (i) 
     and adjusted under this clause for the preceding year) for 
     inflation, as measured by the percentage increase, if any, 
     from the preceding fiscal year in the Consumer Price Index 
     for All Urban Consumers, published by the Bureau of Labor 
     Statistics of the Department of Labor.
       (4) Participating school requirements.--None of the funds 
     provided under subsection (a) for opportunity scholarships 
     may be used by an eligible student to enroll in a 
     participating private school unless the participating 
     school--
       (A) has and maintains a valid certificate of occupancy 
     issued by the District of Columbia;
       (B) makes readily available to all prospective students 
     information on its school accreditation;
       (C) in the case of a school that has been operating for 5 
     years or less, submits to the eligible entity administering 
     the program proof of adequate financial resources reflecting 
     the financial sustainability of the school and the school's 
     ability to be in operation through the school year;
       (D) agrees to submit to site visits as determined to be 
     necessary by the eligible entity, except that a participating 
     school shall not be required to submit to more than one site 
     visit per year;
       (E) has financial systems, controls, policies, and 
     procedures to ensure that funds are used in accordance with 
     the requirements of this Act; and
       (F) ensures that each teacher of core subject matter in the 
     school has a baccalaureate degree or equivalent degree.
       (b) Administrative Expenses.--An eligible entity receiving 
     a grant under section 4(a) may use not more than 3 percent of 
     the amount provided under the grant each year for the 
     administrative expenses of carrying out its program under 
     such section during the year, including--
       (1) determining the eligibility of students to participate;
       (2) selecting eligible students to receive scholarships;
       (3) determining the amount of scholarships and issuing the 
     scholarships to eligible students; and
       (4) compiling and maintaining financial and programmatic 
     records.
       (c) Parental Assistance.--An eligible entity receiving a 
     grant under section 4(a) may use not more than 2 percent of 
     the amount provided under the grant each year for the 
     expenses of educating parents about the program under this 
     Act and assisting parents through the application process 
     under this Act during the year, including--
       (1) providing information about the program and the 
     participating schools to parents of eligible students;
       (2) providing funds to assist parents of students in 
     meeting expenses that might otherwise preclude the 
     participation of eligible students in the program; and
       (3) streamlining the application process for parents.
       (d) Student Academic Assistance.--An eligible entity 
     receiving a grant under section 4(a) may use not more than 1 
     percent of the amount provided under the grant each year for 
     expenses to provide tutoring services to participating 
     eligible students that need additional academic assistance in 
     the students' new schools. If there are insufficient funds to 
     pay for these costs for all such students, the eligible 
     entity shall give priority to students who previously 
     attended an elementary school or secondary school that was 
     identified for improvement, corrective action, or 
     restructuring under section 1116 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6316) as of the 
     time the student attended the school.

     SEC. 8. NONDISCRIMINATION.

       (a) In General.--An eligible entity or a school 
     participating in any program under this Act shall not 
     discriminate against program participants or applicants on 
     the basis of race, color, national origin, religion, or sex.
       (b) Applicability and Single Sex Schools, Classes, or 
     Activities.--
       (1) In general.--Notwithstanding any other provision of 
     law, the prohibition of sex discrimination in subsection (a) 
     shall not apply to a participating school that is operated 
     by, supervised by, controlled by, or connected to a religious 
     organization to the extent that the application of subsection 
     (a) is inconsistent with the religious tenets or beliefs of 
     the school.
       (2) Single sex schools, classes, or activities.--
     Notwithstanding subsection (a) or any other provision of law, 
     a parent may choose and a school may offer a single sex 
     school, class, or activity.
       (3) Applicability.--For purposes of this Act, the 
     provisions of section 909 of the Education Amendments of 1972 
     (20 U.S.C. 1688) shall apply to this Act as if section 909 of 
     the Education Amendments of 1972 (20 U.S.C. 1688) were part 
     of this Act.
       (c) Children With Disabilities.--Nothing in this Act may be 
     construed to alter or modify the provisions of the 
     Individuals with Disabilities Education Act (20 U.S.C. 1400 
     et seq.).
       (d) Religiously Affiliated Schools.--
       (1) In general.--Notwithstanding any other provision of 
     law, a school participating in any program under this Act 
     that is operated by, supervised by, controlled by, or 
     connected to, a religious organization may exercise its right 
     in matters of employment consistent with title VII of the 
     Civil Rights Act of 1964 (42 U.S.C. 2000e-1 et seq.), 
     including the exemptions in such title.
       (2) Maintenance of purpose.--Notwithstanding any other 
     provision of law, funds made available under section 7(a) to 
     eligible students, which are used at a participating school 
     as a result of their parents' choice, shall not, consistent 
     with the first amendment of the United States Constitution, 
     necessitate any change in the participating school's teaching 
     mission, require any participating school to remove religious 
     art, icons, scriptures, or other symbols, or preclude any 
     participating school from retaining religious terms in its 
     name, selecting its board members on a religious basis, or 
     including religious references in its mission statements and 
     other chartering or governing documents.
       (e) Rule of Construction.--A scholarship (or any other form 
     of support provided to parents of eligible students) provided 
     under section 7(a) shall be considered assistance to the 
     student and shall not be considered assistance to the school 
     that enrolls the eligible student. The amount of any such 
     scholarship (or other form of support provided to parents of 
     an eligible student) shall not be treated as income of the 
     parents for purposes of Federal tax laws or for determining 
     eligibility for any other Federal program.

     SEC. 9. EVALUATIONS.

       (a) In General.--
       (1) Duties of the secretary and the mayor.--The Secretary 
     and the Mayor of the District of Columbia shall--
       (A) jointly enter into an agreement with the Institute of 
     Education Sciences of the Department of Education to evaluate 
     annually the performance of students who received 
     scholarships under the 5-year program under section 4(a), and 
     the Mayor shall ensure that, for the purposes of this 
     evaluation, all public and public charter schools of the 
     District of Columbia comply with all reasonable requests for 
     information;
       (B) jointly enter into an agreement to monitor and evaluate 
     the use of funds authorized and appropriated under paragraphs 
     (2) and (3) of section 14(b) for the public schools and 
     public charter schools of the District of Columbia; and
       (C) make the evaluations public in accordance with 
     subsection (c).
       (2) Duties of the secretary.--The Secretary, through a 
     grant, contract, or cooperative agreement, shall--
       (A) ensure that the evaluation under paragraph (1)(A) is 
     conducted using the strongest possible research design for 
     determining the effectiveness of the program funded under 
     section 4(a) that addresses the issues described in paragraph 
     (4); and
       (B) disseminate information on the impact of the program in 
     increasing the academic growth and achievement of 
     participating students, and on the impact of the program on 
     students and schools in the District of Columbia.
       (3) Duties of the institute of education sciences.--The 
     Institute of Education Sciences shall--
       (A) use a grade appropriate measurement each school year to 
     assess participating eligible students;
       (B) measure the academic achievement of all participating 
     eligible students; and
       (C) work with the eligible entities to ensure that the 
     parents of each student who applies for an opportunity 
     scholarship under a

[[Page S286]]

     program under section 4(a) (regardless of whether the student 
     receives the scholarship) and the parents of each student 
     participating in the scholarship program under section 4(a), 
     agree that the student will participate in the measurements 
     given annually by the Institute of Education Sciences for the 
     period for which the student applied for or received the 
     scholarship, respectively, except that nothing in this 
     subparagraph shall affect a student's priority for an 
     opportunity scholarship as provided under section 6(2).
       (4) Issues to be evaluated.--The issues to be evaluated 
     include--
       (A) a comparison of the academic growth and achievement of 
     participating eligible students in the measurements described 
     in this section with the academic growth and achievement of 
     eligible students in the same grades in the public schools 
     and public charter schools of the District of Columbia, who 
     sought to participate in the scholarship program but were not 
     selected;
       (B) the success of the program in expanding choice options 
     for parents, improving parental and student satisfaction, and 
     increasing parental involvement in the education of their 
     children;
       (C) the reasons parents choose for their children to 
     participate in the program;
       (D) a comparison of the retention rates, dropout rates, and 
     (if appropriate) graduation and college admission rates of 
     students who participate in the program funded under section 
     4(a), as compared to the retention rates, dropout rates, and 
     (if appropriate) graduation and college admission rates of 
     students of similar backgrounds who do not participate in 
     such program;
       (E) the impact of the program on students, and public 
     elementary schools and secondary schools, in the District of 
     Columbia;
       (F) a comparison of the safety of the schools attended by 
     students who participate in the program funded under section 
     4(a) and the schools attended by students who do not 
     participate in the program, based on the perceptions of the 
     students and parents and on objective measures of safety;
       (G) such other issues as the Secretary considers 
     appropriate for inclusion in the evaluation; and
       (H) an analysis of the issues described in subparagraphs 
     (A) through (G) with respect to the subgroup of eligible 
     students participating in the program funded under section 
     4(a) who consistently use the opportunity scholarships to 
     attend a participating school.
       (5) Prohibition.--Personally identifiable information 
     regarding the results of the measurements used for the 
     evaluations may not be disclosed, except to the parents of 
     the student to whom the information relates.
       (b) Reports.--The Secretary shall submit to the Committees 
     on Appropriations, Education and the Workforce, and Oversight 
     and Government Reform of the House of Representatives and the 
     Committees on Appropriations, Health, Education, Labor, and 
     Pensions, and Homeland Security and Governmental Affairs of 
     the Senate--
       (1) annual interim reports, not later than December 1 of 
     each year for which a grant is made under section 4(a), on 
     the progress and preliminary results of the evaluation of the 
     program funded under such section; and
       (2) a final report, not later than 1 year after the final 
     year for which a grant is made under section 4(a), on the 
     results of the evaluation of the program funded under such 
     section.
       (c) Public Availability.--All reports and underlying data 
     gathered pursuant to this section shall be made available to 
     the public upon request, in a timely manner following 
     submission of the applicable report under subsection (b), 
     except that personally identifiable information shall not be 
     disclosed or made available to the public.
       (d) Limit on Amount Expended.--The amount expended by the 
     Secretary to carry out this section for any fiscal year may 
     not exceed 5 percent of the total amount appropriated to 
     carry out section 4(a) for the fiscal year.

     SEC. 10. REPORTING REQUIREMENTS.

       (a) Activities Reports.--Each eligible entity receiving 
     funds under section 4(a) during a year shall submit a report 
     to the Secretary not later than July 30 of the following year 
     regarding the activities carried out with the funds during 
     the preceding year.
       (b) Achievement Reports.--
       (1) In general.--In addition to the reports required under 
     subsection (a), each grantee receiving funds under section 
     4(a) shall, not later than September 1 of the year during 
     which the second academic year of the grantee's program is 
     completed and each of the next 2 years thereafter, submit to 
     the Secretary a report, including any pertinent data 
     collected in the preceding 2 academic years, concerning--
       (A) the academic growth and achievement of students 
     participating in the program;
       (B) the graduation and college admission rates of students 
     who participate in the program, where appropriate; and
       (C) parental satisfaction with the program.
       (2) Prohibiting disclosure of personal information.--No 
     report under this subsection may contain any personally 
     identifiable information.
       (c) Reports to Parent.--
       (1) In general.--Each grantee receiving funds under section 
     4(a) shall ensure that each school participating in the 
     grantee's program under this Act during a year reports at 
     least once during the year to the parents of each of the 
     school's students who are participating in the program on--
       (A) the student's academic achievement, as measured by a 
     comparison with the aggregate academic achievement of other 
     participating students at the student's school in the same 
     grade or level, as appropriate, and the aggregate academic 
     achievement of the student's peers at the student's school in 
     the same grade or level, as appropriate;
       (B) the safety of the school, including the incidence of 
     school violence, student suspensions, and student expulsions; 
     and
       (C) the accreditation status of the school.
       (2) Prohibiting disclosure of personal information.--No 
     report under this subsection may contain any personally 
     identifiable information, except as to the student who is the 
     subject of the report to that student's parent.
       (d) Report to Congress.--
       (1) Reports by secretary.--The Secretary shall submit to 
     the Committees on Appropriations, Education and the 
     Workforce, and Oversight and Government Reform of the House 
     of Representatives, and the Committees on Appropriations, 
     Health, Education, Labor, and Pensions, and Homeland Security 
     and Governmental Affairs of the Senate, an annual report on 
     the findings of the reports submitted under subsections (a) 
     and (b).
       (2) Reports by mayor.--In order for funds under paragraphs 
     (2) and (3) of section 14(b) to be made available to the 
     District of Columbia, the Mayor of the District of Columbia 
     shall submit to the Committees on Appropriations, the 
     Committee on Education and the Workforce, and the Committee 
     on Oversight and Government Reform, of the House of 
     Representatives, and the Committee on Appropriations, the 
     Committee on Health, Education, Labor, and Pensions, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, information on--
       (A) how the funds authorized and appropriated under 
     paragraphs (2) and (3) of section 14(b) for the public 
     schools and public charter schools of the District of 
     Columbia were utilized; and
       (B) how such funds are contributing to student achievement.

     SEC. 11. OTHER REQUIREMENTS FOR PARTICIPATING SCHOOLS.

       (a) Requests for Data and Information.--Each school 
     participating in a program funded under section 4(a) shall 
     comply with all requests for data and information regarding 
     evaluations conducted under section 9(a).
       (b) Rules of Conduct and Other School Policies.--Each 
     school participating in a program funded under section 4(a), 
     including each participating school described in section 
     8(d), may require eligible students to abide by any rules of 
     conduct and other requirements applicable to all other 
     students at the school.
       (c) Nationally Norm-referenced Standardized Tests.--
       (1) In general.--Each school participating in a program 
     funded under section 4(a) shall administer a nationally norm-
     referenced standardized test in reading and mathematics to 
     each student enrolled in the school who is receiving an 
     opportunity scholarship. The results of such test shall be 
     reported to the student's parents or legal guardians and to 
     the Secretary, through the Institute of Education Sciences of 
     the Department of Education, for the purposes of conducting 
     the evaluation under section 9.
       (2) Make-up session.--If a school participating in a 
     program funded under section 4(a) does not administer a 
     nationally norm-referenced standardized test or the Institute 
     of Education Sciences does not receive data regarding the 
     results of such test for a student who is receiving an 
     opportunity scholarship, then the Secretary, acting through 
     the Institute of Education Sciences, shall administer such 
     test not less than once during each school year to each 
     student receiving an opportunity scholarship.

     SEC. 12. DEFINITIONS.

       In this Act:
       (1) Elementary school.--The term ``elementary school'' 
     means an institutional day or residential school, including a 
     public elementary charter school, that provides elementary 
     education, as determined under District of Columbia law.
       (2) Eligible entity.--The term ``eligible entity'' means 
     any of the following:
       (A) A nonprofit organization.
       (B) A consortium of nonprofit organizations.
       (3) Eligible student.--The term ``eligible student'' means 
     a student who is a resident of the District of Columbia and 
     comes from a household--
       (A) receiving assistance under the supplemental nutrition 
     assistance program established under the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.); or
       (B) whose income does not exceed--
       (i) 185 percent of the poverty line; or
       (ii) in the case of a student participating in the program 
     under this Act in the preceding year, 300 percent of the 
     poverty line.
       (4) Parent.--The term ``parent'' has the meaning given that 
     term in section 9101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801).
       (5) Poverty line.--The term ``poverty line'' has the 
     meaning given that term in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801).
       (6) Secondary school.--The term ``secondary school'' means 
     an institutional day

[[Page S287]]

     or residential school, including a public secondary charter 
     school, that provides secondary education, as determined 
     under District of Columbia law, except that the term does not 
     include any education beyond grade 12.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.

     SEC. 13. TRANSITION PROVISIONS.

       (a) Repeal.--The DC School Choice Incentive Act of 2003 
     (title III of division C of the Consolidated Appropriations 
     Act, 2004 (Public Law 108-199; 118 Stat. 126)) is repealed.
       (b) Reauthorization of Program.--This Act shall be deemed 
     to be the reauthorization of the District of Columbia 
     opportunity scholarship program under the DC School Choice 
     Incentive Act of 2003.
       (c) Orderly Transition.--Subject to subsections(d) and (e), 
     the Secretary shall take such steps as the Secretary 
     determines to be appropriate to provide for the orderly 
     transition to the authority of this Act from any authority 
     under the provisions of the DC School Choice Incentive Act of 
     2003 (Public Law 108-199; 118 Stat. 126), as the DC School 
     Choice Incentive Act of 2003 was in effect on the day before 
     the date of enactment of this Act.
       (d) Rule of Construction.--Nothing in this Act or a repeal 
     made by this Act shall be construed to alter or affect the 
     memorandum of understanding entered into with the District of 
     Columbia, or any grant or contract awarded, under the DC 
     School Choice Incentive Act of 2003 (Public Law 108-199; 118 
     Stat. 126), as the DC School Choice Incentive Act of 2003 was 
     in effect on the day before the date of enactment of this 
     Act.
       (e) Multi-year Awards.--The recipient of a multi-year grant 
     or contract award under the DC School Choice Incentive Act of 
     2003 (Public Law 108-199; 118 Stat. 126), as the DC School 
     Choice Incentive Act of 2003 was in effect on the day before 
     the date of enactment of this Act, shall continue to receive 
     funds in accordance with the terms and conditions of such 
     award.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this Act, for the uses 
     described in subsection (b), $60,000,000 for fiscal year 2012 
     and each of the 4 succeeding fiscal years.
       (b) Use of Funds Authorized Under This Act.--For each 
     fiscal year, any amount appropriated to carry out this Act 
     shall be equally divided among--
       (1) the Secretary, in order to carry out the District of 
     Columbia opportunity scholarship program established under 
     section 4(a);
       (2) the District of Columbia Public Schools, in order to 
     improve public school education in the District of Columbia; 
     and
       (3) the State Education Office of the District of Columbia, 
     in order to expand quality public charter schools in the 
     District of Columbia.

  Ms. COLLINS. Mr. President, I am pleased to be joining Senator 
Lieberman in introducing the Scholarships for Opportunity and Results 
Act of 2011, also known as the SOAR Act. This important piece of 
legislation will reauthorize the DC Opportunity Scholarship Program, 
which has successfully provided additional educational options for some 
of our nation's most at-risk children.
  Sadly, DC's public schools continue to underperform despite a per-
pupil expenditure rate that is one of the highest in the nation. 
Experts have carefully studied the DC Opportunity Scholarship Program 
and concluded that the educational success of the program's 
participants in reading has outpaced those in DC public schools.
  Approximately 6 years ago, leaders in the District of Columbia became 
frustrated with institutionalized failure within the public school 
system, and designed a unique ``three-sector'' strategy that provided 
new funding for public schools, public charter schools and new 
educational options for needy children. Working with the District, 
Congress and the Bush administration then implemented the DC School 
Choice Incentive Act in 2004, giving birth to the DC Opportunity 
Scholarship Program.
  The program is the first to provide federally funded scholarships to 
students, and has enabled low-income students from the District of 
Columbia public school system to attend the independent-private or 
parochial school of their choice. For many of these students, this was 
their first opportunity to access a high-quality education.
  In March 2009, the Department of Education released its evaluation of 
the program's impact after three years, which showed that overall, 
students offered scholarships had higher reading achievement than those 
not offered scholarships--the equivalent of an additional three months 
of learning.
  Studies have also shown that parents were overwhelmingly satisfied 
with their children's experience in the program. Common reasons for 
this higher level of satisfaction included, appreciation for the 
ability to choose their child's school, the success their children are 
having in new school environments, and the support provided by the DC 
Children and Youth Investment Trust Corporation, which runs the 
program.
  In May 2009, Chairman Lieberman and I held a compelling hearing in 
the Homeland Security and Governmental Affairs Committee where we heard 
the personal success stories of current and former participants in the 
program. Their testimony helped to highlight the real-world 
implications of discontinuing the program.
  Ronald Holassie, then a junior at Archbishop Carroll, gave compelling 
testimony about the impact this program has had on his life. His mother 
was so concerned about the education he had been receiving that she was 
considering sending him to school in her home country of Trinidad, 
until she found out about the Opportunity Scholarship Program. Ronald 
said something very near the end of our hearing in response to a 
question from a member of the Committee that I also found enlightening. 
He said, ``DC schools didn't get bad over night, and they aren't going 
to get better overnight either.'' The program is critical to that 
improvement.
  Based on what we have learned over the past few years, Chairman 
Lieberman and I drafted a bipartisan bill to reauthorize the DC 
Opportunity Scholarship Program. This effort is also being replicated 
in the House with a bill introduced by Speaker Boehner.
  One of the reasons that I so strongly believe in the three-sector 
approach to funding for education in the District is that it reaffirms 
Congress' commitment to improving educational outcomes and 
opportunities, not just for the students attending private schools, but 
also for all students in the District--including those attending DC 
public and charter schools.
  I know that each of us shares the common goal of ensuring that all 
students in the District are receiving the highest quality education, 
which is why it is incumbent upon us to act and to act now to fully 
reauthorize the DC Opportunity Scholarship Program.
                                 ______
                                 
      By Mr. KOHL (for himself, Mrs. Feinstein, Mr. Durbin, Mr. Leahy, 
        Mr. Reid, Mr. Lautenberg, Mrs. Boxer, Mr. Whitehouse, and Ms. 
        Klobuchar):
  S. 207. A bill to amend the Omnibus Crime Control and Safe Streets 
Act of 1968 to enhance the COPS ON THE BEAT grant program, and for 
other purposes; to the Committee on the Judiciary.
  Mr. KOHL. Mr. President, I rise today with Senators Leahy, Reid, 
Whitehouse and others to introduce the COPS Improvement Act of 2011. 
This legislation would reauthorize and make improvements to one of the 
Department of Justice's most successful efforts to fight crime, the 
Community Oriented Policing Services, COPS, program.
  The success story of the COPS program has been told many times, but 
it is worth repeating. The goal in 1994 was to put an additional 
100,000 cops on the beat. Over the next 5 years, from 1995 to 1999, the 
COPS Universal Hiring Program distributed nearly $1 billion per year in 
grants to state and local law enforcement agencies in all 50 states to 
hire additional law enforcement officers, allowing us to achieve our 
goal of 100,000 new officers.
  Common sense told the American people that having more police walking 
the beat would lead to less crime, and our experience with the COPS 
program proved that to be true. This unprecedented effort to put more 
police officers in our communities coincided with significant 
reductions in crime during the 1990s. As the number of police rose, we 
saw 8 consecutive years of reductions in crime. Few programs can claim 
such a clear record of success.
  Unfortunately, the success of the COPS program led some to declare 
victory. Beginning in 2001, funding for the COPS program came under 
attack. President Bush proposed cuts to state and local law enforcement 
programs that totaled well over $1 billion during his tenure. Despite 
bipartisan efforts in Congress to prevent those cuts, state and local 
law enforcement funding consistently declined. Ultimately, the 
administration succeeded in eliminating the COPS Hiring Program in 
2005.

[[Page S288]]

  These cuts have been felt by the people who work tirelessly every day 
to keep our communities safe, and the consequences have been real. 
Cities across the country have seen the size of their police forces 
reduced. Many cities have hundreds of vacancies on their forces that 
they cannot afford to fill. They have been forced to choose between 
keeping officers employed and buying vital equipment. The men and women 
who have sworn to protect us from ever-evolving threats cannot go 
without either.
  Over the past several years, there has been a bipartisan effort in 
Congress to renew our commitment to local law enforcement by restoring 
COPS funding. In 2009, we dedicated $1 billion to the COPS program 
through the American Recovery and Reinvestment Act. These funds helped 
state, local, and tribal law enforcement agencies create and preserve 
thousands of law enforcement positions. This boost has gone a long way 
to help many departments weather the economic downturn, but need is 
great--the COPS Office received nearly 7,300 applications requesting 
39,000 officers and $8.3 billion in funds in response to this grant 
funding.
  We can all agree that local law enforcement needs our unwavering 
support. One way we can do this is to reauthorize the COPS program 
through the COPS Improvement Act of 2011. This legislation will re-
authorize hiring programs for three specific purposes--
general community policing, local counter-terrorism officers, and 
school resource officers. The bill steps up our commitment to community 
policing and community cooperation by reauthorizing community 
prosecutor grants. Technology grants that cut down on investigation 
time and paperwork are included so that officers can spend more time on 
the beat and less time behind a desk. The bill also creates an 
independent COPS Office within the Department of Justice, a step that 
is important to the program's continued success and oversight. Finally, 
the legislation revitalizes a Troops-to-Cops program to encourage local 
police agencies to hire former military personnel who are honorably 
discharged from military service or who are displaced by base closings.

  The bill makes additional improvements to the COPS program by 
including safeguards to ensure that our money is being spent wisely. 
For example, it will allow the COPS Office to do more than simply 
revoke or suspend a grant if a recipient fails to comply with its 
terms. The COPS Office, at the direction of the Attorney General, would 
be able to take any enforcement action available to the Department of 
Justice, such as civil penalties or recoupment of funds.
  In addition to strengthening law enforcement's ability to prevent and 
fight crime, the COPS Improvement Act directly creates jobs and helps 
local governments cope with the economic downturn without jeopardizing 
community safety. Furthermore, by hiring more officers we will be 
better able to combat the crime that harms our economy by driving 
business opportunities out of distressed neighborhoods, taking with 
them economic opportunity.
  The COPS Improvement Act of 2011 would authorize $900 million per 
year over six years for the COPS program. It would allocate $500 
million per year for the hiring officers, $150 million for community 
prosecutors, and $250 million per year for technology grants.
  To be sure, some will argue that $900 million is too large a price 
tag. But it is hard to put a price tag on the security of our 
communities. Investing money in such a successful program with such an 
important goal is certainly worth the cost. We must also remember that 
preventing crime from occurring saves taxpayers from the costs 
associated with victim assistance and incarceration. For that reason, a 
recent report by the Brookings Institution found ``COPS . . . to be one 
of the most cost-effective options available for fighting crime.''
  It is difficult to overstate the importance of passing the COPS 
Improvement Act. Because of the success of the program and the need for 
a renewed commitment to it, the bill has long had the support of every 
major law enforcement group in the Nation, including the International 
Association of Chiefs of Police, the National Association of Police 
Organizations, the National Sheriffs Association, the International 
Brotherhood of Police Organizations, the National Organization of Black 
Law Enforcement Officials, the International Union of Police 
Associations, and the Fraternal Order of Police. These law enforcement 
officers put their lives on the line every day to make our communities 
a safe place to live, and they deserve our full support.
  I urge my colleagues to support this important legislation.
  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. 207

       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 ``COPS Improvements Act of 
     2011''.

     SEC. 2. COPS GRANT IMPROVEMENTS.

       (a) In General.--Section 1701 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) 
     is amended--
       (1) by striking subsection (c);
       (2) by redesignating subsection (b) as subsection (c);
       (3) by striking subsection (a) and inserting the following:
       ``(a) The Office of Community Oriented Policing Services.--
       ``(1) Office.--There is within the Department of Justice, 
     under the general authority of the Attorney General, a 
     separate and distinct office to be known as the Office of 
     Community Oriented Policing Services (referred to in this 
     subsection as the `COPS Office').
       ``(2) Director.--The COPS Office shall be headed by a 
     Director who shall--
       ``(A) appointed by the Attorney General; and
       ``(B) have final authority over all grants, cooperative 
     agreements, and contracts awarded by the COPS Office.
       ``(b) Grant Authorization.--The Attorney General shall 
     carry out grant programs under which the Attorney General 
     makes grants to States, units of local government, Indian 
     tribal governments, other public and private entities, and 
     multi-jurisdictional or regional consortia for the purposes 
     described in subsections (c), (d), (e), and (f).'';
       (4) in subsection (c), as so redesignated--
       (A) in the heading, by striking ``uses of grant amounts.--
     '' and inserting ``Community Policing and Crime Prevention 
     Grants'';
       (B) in paragraph (3), by striking ``, to increase the 
     number of officers deployed in community-oriented policing'';
       (C) in paragraph (4), by inserting ``or train'' after ``pay 
     for'';
       (D) by striking paragraph (9);
       (E) by redesignating paragraphs (5) through (8) as 
     paragraphs (6) through (9), respectively;
       (F) by inserting after paragraph (4) the following:
       ``(5) award grants to hire school resource officers and to 
     establish school-based partnerships between local law 
     enforcement agencies and local school systems to combat 
     crime, gangs, drug activities, and other problems in and 
     around elementary and secondary schools;'';
       (G) by striking paragraph (13);
       (H) by redesignating paragraphs (14), (15), and (16) as 
     paragraphs (13), (14), and (15), respectively;
       (I) in paragraph (15), as so redesignated, by striking 
     ``and'' at the end;
       (J) by redesignating paragraph (17) as paragraph (18);
       (K) by inserting after paragraph (15), as so redesignated, 
     the following:
       ``(16) establish and implement innovative programs to 
     reduce and prevent illegal drug manufacturing, distribution, 
     and use, including the manufacturing, distribution, and use 
     of methamphetamine; and
       ``(17) award enhancing community policing and crime 
     prevention grants that meet emerging law enforcement needs, 
     as warranted.''; and
       (L) in paragraph (18), as so redesignated, by striking 
     ``through (16)'' and inserting ``through (17)'';
       (5) by striking subsections (h) and (i);
       (6) by redesignating subsections (j) and (k) as subsections 
     (k) and (l), respectively;
       (7) by redesignating subsections (d) through (g) as 
     subsections (g) through (j), respectively;
       (8) by inserting after subsection (c), as so redesignated, 
     the following:
       ``(d) Troops-to-cops Programs.--
       ``(1) In general.--Grants made under subsection (b) may be 
     used to hire former members of the Armed Forces to serve as 
     career law enforcement officers for deployment in community-
     oriented policing, particularly in communities that are 
     adversely affected by a recent military base closing.
       ``(2) Definition.--In this subsection, `former member of 
     the Armed Forces' means a member of the Armed Forces of the 
     United States who is involuntarily separated from the Armed 
     Forces within the meaning of section 1141 of title 10, United 
     States Code.
       ``(e) Community Prosecutors Program.--The Attorney General 
     may make grants under subsection (b) to pay for additional

[[Page S289]]

     community prosecuting programs, including programs that 
     assign prosecutors to--
       ``(1) handle cases from specific geographic areas; and
       ``(2) address counter-terrorism problems, specific violent 
     crime problems (including intensive illegal gang, gun, and 
     drug enforcement and quality of life initiatives), and 
     localized violent and other crime problems based on needs 
     identified by local law enforcement agencies, community 
     organizations, and others.
       ``(f) Technology Grants.--The Attorney General may make 
     grants under subsection (b) to develop and use new 
     technologies (including interoperable communications 
     technologies, modernized criminal record technology, and 
     forensic technology) to assist State and local law 
     enforcement agencies in reorienting the emphasis of their 
     activities from reacting to crime to preventing crime and to 
     train law enforcement officers to use such technologies.'';
       (9) in subsection (g), as so redesignated--
       (A) in paragraph (1), by striking ``to States, units of 
     local government, Indian tribal governments, and to other 
     public and private entities,'';
       (B) in paragraph (2), by striking ``define for State and 
     local governments, and other public and private entities,'' 
     and inserting ``establish''; and
       (C) in the first sentence of paragraph (3), by inserting 
     ``(including regional community policing institutes)'' after 
     ``training centers or facilities'';
       (10) in subsection (i), as so redesignated--
       (A) by striking ``subsection (a)'' the first place that 
     term appears and inserting ``paragraphs (1) and (2) of 
     subsection (c)''; and
       (B) by striking ``in each fiscal year pursuant to 
     subsection (a)'' and inserting ``in each fiscal year for 
     purposes described in paragraph (1) and (2) of subsection 
     (c)'';
       (11) in subsection (j), as so redesignated--
       (A) by striking ``subsection (a)'' and inserting 
     ``subsection (b)''; and
       (B) by striking the second sentence;
       (12) in subsection (k)(1), as so redesignated--
       (A) by striking ``subsection (i) and''; and
       (B) by striking ``subsection (b)'' and inserting 
     ``subsection (c)''; and
       (13) by adding at the end the following:
       ``(m) Retention of Additional Officer Positions.--For any 
     grant under paragraph (1) or (2) of subsection (c) for hiring 
     or rehiring career law enforcement officers, a grant 
     recipient shall retain each additional law enforcement 
     officer position created under that grant for not less than 
     12 months after the end of the period of that grant, unless 
     the Attorney General waives, wholly or in part, the retention 
     requirement of a program, project, or activity.
       ``(n) Proportionality of Awards.--The Attorney General 
     shall ensure that the same percentage of the total number of 
     eligible applicants in each State receive a grant under this 
     section.''.
       (b) Applications.--Section 1702 of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-
     1) is amended--
       (1) in subsection (c)--
       (A) in the matter preceding paragraph (1), by inserting ``, 
     unless waived by the Attorney General'' after ``under this 
     part shall'';
       (B) by striking paragraph (8); and
       (C) by redesignating paragraphs (9) through (11) as 
     paragraphs (8) through (10), respectively; and
       (2) by striking subsection (d).
       (c) Renewal of Grants.--Section 1703 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd-2) is amended to read as follows:

     ``SEC. 1703. RENEWAL OF GRANTS.

       ``(a) In General.--A grant made under this part may be 
     renewed, without limitations on the duration of such renewal, 
     to provide additional funds, if the Attorney General 
     determines that the funds made available to the recipient 
     were used in a manner required under an approved application 
     and if the recipient can demonstrate significant progress in 
     achieving the objectives of the initial application.
       ``(b) No Cost Extensions.--Notwithstanding subsection (a), 
     the Attorney General may extend a grant period, without 
     limitations as to the duration of such extension, to provide 
     additional time to complete the objectives of the initial 
     grant award.''.
       (d) Limitation on Use of Funds.--Section 1704 of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796dd-3) is amended--
       (1) in subsection (a), by striking ``that would, in the 
     absence of Federal funds received under this part, be made 
     available from State or local sources'' and inserting ``that 
     the Attorney General determines would, in the absence of 
     Federal funds received under this part, be made available for 
     the purpose of the grant under this part from State or local 
     sources''; and
       (2) by striking subsection (c).
       (e) Enforcement Actions.--Section 1706 of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796dd-5) is amended--
       (1) in the section heading, by striking ``REVOCATION OR 
     SUSPENSION OF FUNDING'' and inserting ``ENFORCEMENT 
     ACTIONS''; and
       (2) by striking ``revoke or suspend'' and all that follows 
     and inserting ``take any enforcement action available to the 
     Department of Justice.''.
       (f) Definitions.--Section 1709(1) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd-
     8(1)) is amended--
       (1) by striking ``who is authorized'' and inserting ``who 
     is a sworn law enforcement officer and is authorized''; and
       (2) by inserting ``, including officers for the Amtrak 
     Police Department'' before the period at the end.
       (g) Authorization of Appropriations.--Section 1001(a)(11) 
     of title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3793(a)(11)) is amended--
       (1) in subparagraph (A), by striking ``$1,047,119,000 for 
     each of fiscal years 2006 through 2009'' and inserting 
     ``$900,000,000 for each of fiscal years 2012 through 2017''; 
     and
       (2) in subparagraph (B)--
       (A) in the first sentence--
       (i) by striking ``3 percent'' and inserting ``5 percent''; 
     and
       (ii) by striking ``section 1701(d)'' and inserting 
     ``section 1701(g)''; and
       (B) by striking the second sentence and inserting the 
     following: ``Of the funds available for grants under part Q, 
     not less than $500,000,000 shall be used for grants for the 
     purposes specified in section 1701(c), not more than 
     $150,000,000 shall be used for grants under section 1701(e), 
     and not more than $250,000,000 shall be used for grants under 
     section 1701(f).''.
       (h) Purposes.--Section 10002 of the Public Safety 
     Partnership and Community Policing Act of 1994 (42 U.S.C. 
     3796dd note) is amended--
       (1) in paragraph (4), by striking ``development'' and 
     inserting ``use''; and
       (2) in the matter following paragraph (4), by striking 
     ``for a period of 6 years''.
       (i) COPS Program Improvements.--
       (1) In general.--Section 109(b) of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3712h(b)) is amended--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively; and
       (C) in paragraph (2), as so redesignated, by inserting ``, 
     except for the program under part Q of this title'' before 
     the period.
       (2) Law enforcement computer systems.--Section 107 of title 
     I of the Omnibus Crime Control and Safe Streets Act of 1968 
     (42 U.S.C. 3712f) is amended by adding at the end the 
     following:
       ``(c) Exception.--This section shall not apply to any grant 
     made under part Q of this title.''.
                                 ______
                                 
      By Mr. KERRY (for himself and Ms. Snowe):
  S. 208. A bill to amend the Internal Revenue Code of 1986 to extend 
the 100 percent exclusion for gain on certain small business stock; to 
the Committee on Finance.
  Mr. KERRY. Mr. President, for years I have worked to encourage 
investment in small businesses. We all realize that small businesses 
are the backbone of our economy. As the economy continues to recover, 
we must help small businesses have access to capital.
  Many of our most successful corporations started as small businesses, 
including AOL, Apple Computer, Compaq Computer, Datastream, Intel 
Corporation, and Sun Microsystems. As you can see from this partial 
list, many of these companies played an integral role in making the 
Internet a reality.
  Investing in small businesses is essential to strengthening our 
economy. Not only will investment in small businesses spur job 
creation, it will lead to new technological breakthroughs. We are at an 
integral juncture in developing clean energy technology. I believe that 
small businesses will repeat the role it played at, the vanguard of the 
computer revolution--by leading the Nation in developing the 
technologies which result in clean energy. Small businesses already are 
at the forefront of these industries, and we need to do everything we 
can to encourage investment in these small businesses.
  Today, Senator Snowe and I are introducing legislation to extend the 
zero capital gains rate on certain small business stock and the 
exception from minimum tax preference treatment through 2012. During 
the past two Congresses, Senator Snowe and I introduced legislation 
which would make permanent changes to the 50 percent exclusion for gain 
on small business stock.
  Back in 1993, I worked with Senator Bumpers to enact legislation to 
provide a 50 percent exclusion for gain for individuals from the sale 
of certain small business stock that is held for 5 years. Since the 
enactment of this provision, the capital gains rate has been lowered 
without any changes to the exclusion. Due to the lower capital rates, 
the 50 percent exclusion no longer provided a strong incentive for 
investment in small businesses.
  Our efforts to improve this provision have been successful. The 
American Recovery and Reinvestment Act temporarily increased the 
exclusion to 75 percent. The Small Business Jobs Act

[[Page S290]]

of 2010 temporarily increased the exclusion to 100 percent and the 
alternative minimum tax, AMT, preference item for gain excluded under 
this provision would be temporarily eliminated. These provisions were 
further extended through 2011 by the Tax Relief, Unemployment Insurance 
Reauthorization, and Job Creation Act of 2010. The legislation that I 
am introducing would extend these provisions through 2012.
  Extending the zero capital gains rate on small business stock through 
2012 would put this provision on equal footing with the extension of 
the lower capital gains rate included in the Tax Relief, Unemployment 
Insurance, Reauthorization, and Job Creation Act of 2010.
  I believe that the additional improvements should still be made to 
the exclusion for small business stock and I will continue to work on 
this issue. As Congress begins its work on tax reform, encouraging 
investment in small businesses should be a goal of tax reform.
  I urge my colleagues to support an extension of the zero capital 
gains rate and I look forward to working on tax reform which encourages 
job creation and investment in small businesses.

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