[Congressional Record Volume 157, Number 11 (Wednesday, January 26, 2011)]
[Senate]
[Pages S274-S281]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.
                                 ______