[Congressional Record Volume 157, Number 73 (Wednesday, May 25, 2011)]
[Senate]
[Pages S3346-S3361]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 354. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TERMINATION OF INVESTIGATIONS OF EMPLOYEES OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       The Attorney General shall terminate the investigations of 
     employees of the Central Intelligence Agency regarding 
     treatment or interrogation of detainees at overseas locations 
     during the period beginning on September 18, 2001 and ending 
     on May 2, 2011.
                                 ______
                                 
  SA 355. Mr. WICKER submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TERMINATION OF INVESTIGATIONS OF EMPLOYEES OF THE 
                   CENTRAL INTELLIGENCE AGENCY.

       The Attorney General shall terminate the investigations of 
     employees of the Central Intelligence Agency regarding 
     treatment or interrogation of detainees at overseas locations 
     during the period beginning on September 18, 2001 and ending 
     on May 2, 2011.
                                 ______
                                 
  SA 356. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 990, to provide for an additional temporary extension of 
programs under the Small Business Act and the Small Business Investment 
Act of 1958, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 3. PREVENTION AND DETERRENCE OF TERRORIST SUICIDE 
                   BOMBINGS.

       (a) Offense of Rewarding or Facilitating International 
     Terrorist Acts.--
       (1) In general.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 2339E. Providing material support to international 
       terrorism

       ``(a) Definitions.--In this section:

[[Page S3347]]

       ``(1) The term `facility of interstate or foreign commerce' 
     has the same meaning as in section 1958(b)(2).
       ``(2) The term `international terrorism' has the same 
     meaning as in section 2331.
       ``(3) The term `material support or resources' has the same 
     meaning as in section 2339A(b).
       ``(4) The term `perpetrator of an act' includes any person 
     who--
       ``(A) commits the act;
       ``(B) aids, abets, counsels, commands, induces, or procures 
     its commission; or
       ``(C) attempts, plots, or conspires to commit the act.
       ``(5) The term `serious bodily injury' has the same meaning 
     as in section 1365.
       ``(b) Prohibition.--Whoever, in a circumstance described in 
     subsection (c), provides, or attempts or conspires to 
     provide, material support or resources to the perpetrator of 
     an act of international terrorism, or to a family member or 
     other person associated with such perpetrator, with the 
     intent to facilitate, reward, or encourage that act or other 
     acts of international terrorism, shall be fined under this 
     title and imprisoned for not less than 5 years nor more than 
     30 years, and if death results, shall be imprisoned for any 
     term of years not less than 25 or for life.
       ``(c) Jurisdictional Bases.--A circumstance referred to in 
     subsection (b) is that--
       ``(1) the offense occurs in or affects interstate or 
     foreign commerce;
       ``(2) the offense involves the use of the mails or a 
     facility of interstate or foreign commerce;
       ``(3) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that affects 
     interstate or foreign commerce or would have affected 
     interstate or foreign commerce had it been consummated;
       ``(4) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that violates the 
     criminal laws of the United States;
       ``(5) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that is designed 
     to influence the policy or affect the conduct of the United 
     States Government;
       ``(6) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that occurs in 
     part within the United States and is designed to influence 
     the policy or affect the conduct of a foreign government;
       ``(7) an offender intends to facilitate, reward, or 
     encourage an act of international terrorism that causes or is 
     designed to cause death or serious bodily injury to a 
     national of the United States while that national is outside 
     the United States, or substantial damage to the property of a 
     legal entity organized under the laws of the United States 
     (including any of its States, districts, commonwealths, 
     territories, or possessions) while that property is outside 
     of the United States;
       ``(8) the offense occurs in whole or in part within the 
     United States, and an offender intends to facilitate, reward 
     or encourage an act of international terrorism that is 
     designed to influence the policy or affect the conduct of a 
     foreign government; or
       ``(9) the offense occurs in whole or in part outside of the 
     United States, and an offender is a national of the United 
     States, a stateless person whose habitual residence is in the 
     United States, or a legal entity organized under the laws of 
     the United States (including any of its States, districts, 
     commonwealths, territories, or possessions).''.
       (2) Technical and conforming amendments.--
       (A) Table of sections.--The table of sections for chapter 
     113B of title 18, United States Code, is amended by adding at 
     the end the following:

``2339D. Receiving military-type training from a foreign terrorist 
              organization.
``2339E. Providing material support to international terrorism.''.

       (B) Other amendment.--Section 2332b(g)(5)(B)(i) of title 
     18, United States Code, is amended by inserting ``2339E 
     (relating to providing material support to international 
     terrorism),'' before ``or 2340A (relating to torture)''.
       (b) Increased Penalties for Providing Material Support to 
     Terrorists.--
       (1) Providing material support to designated foreign 
     terrorist organizations.--Section 2339B(a)(1) of title 18, 
     United States Code, is amended by striking ``15 years'' and 
     inserting ``25 years''.
       (2) Providing material support or resources in aid of a 
     terrorist crime.--Section 2339A(a) of title 18, United States 
     Code, is amended by striking ``fined under this title'' and 
     all that follows and inserting ``fined under this title and 
     imprisoned for any term of years not less than 10 or for 
     life, and, if the death of any person results, imprisoned for 
     any term of years not less than 25 or for life. A violation 
     of this section may be prosecuted in any Federal judicial 
     district in which the underlying offense was committed, or in 
     any other Federal judicial district as provided by law.''.
       (3) Financing of terrorist crimes.--Section 2339C(d)(1) of 
     title 18, United States Code, is amended by striking ``shall 
     be fined under this title'' and all that follows and 
     inserting ``shall be fined under this title and imprisoned 
     for any term of years not less than 5 or for life.''.
       (4) Receiving military-type training from a foreign 
     terrorist organization.--Section 2339D(a) of title 18, United 
     States Code, is amended by striking ``ten years'' and 
     inserting ``15 years''.
       (5) Addition of attempts and conspiracies to an offense 
     relating to military training.--Section 2339D(a) of title 18, 
     United States Code, is amended by inserting ``, or attempts 
     or conspires to receive,'' after ``receives''.
                                 ______
                                 
  SA 357. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 990, to provide for an additional temporary extension of 
programs under the Small Business Act and the Small Business Investment 
Act of 1958, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. 3. TERRORIST ASSAULTS, KIDNAPPINGS, AND MURDERS.

       (a) Addition of Sexual Assault to Definition of Offense of 
     Terrorist Assault.--Section 2332(c) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1), by inserting ``(as defined in section 
     1365, including any conduct that, if the conduct occurred in 
     the special maritime and territorial jurisdiction of the 
     United States, would violate section 2241 or 2242)'' after 
     ``injury'';
       (2) in paragraph (2), by inserting ``(as defined in section 
     1365, including any conduct that, if the conduct occurred in 
     the special maritime and territorial jurisdiction of the 
     United States, would violate section 2241 or 2242)'' after 
     ``injury''; and
       (3) by striking the matter following paragraph (2) and 
     inserting the following:

     ``shall be punished as provided in section 2242, and, if the 
     conduct would violate section 2241(a) if it occurred in the 
     special territorial or maritime jurisdiction of the United 
     States, shall be punished as provided in section 2241(c).''.
       (b) Addition of Offense of Terrorist Kidnapping.--Section 
     2332 of title 18, United States Code, as amended by 
     subsection (a), is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c) Kidnapping.--Whoever outside the United States 
     unlawfully seizes, confines, inveigles, decoys, kidnaps, 
     abducts, or carries away, or attempts or conspires to seize, 
     confine, inveigle, decoy, kidnap, abduct or carry away, a 
     national of the United States shall be fined under this title 
     and imprisoned for any term of years not less than 15 or for 
     life.''.
       (c) Penalties for Terrorist Murder and Manslaughter.--
     Section 2332(a) of title 18, United States Code, is amended--
       (1) in paragraph (1), by striking ``fined under this 
     title'' and all that follows and inserting ``punished as 
     provided under section 1111(b);''; and
       (2) in paragraph (2), by striking ``fined under this 
     title'' and all that follows and inserting ``punished as 
     provided under section 1112(b); and''.
                                 ______
                                 
  SA 358. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 990, to provide for an additional temporary extension of 
programs under the Small Business Act and the Small Business Investment 
Act of 1958, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

     SEC. __. IMPROVEMENTS TO THE TERRORIST HOAX STATUTE.

       (a) Hoax Statute.--Section 1038 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``or any other offense 
     listed under section 2332b(g)(5)(B) of this title,'' after 
     ``title 49,''; and
       (B) in paragraph (2), by striking subparagraphs (A), (B), 
     and (C) and inserting the following:
       ``(A) shall be fined under this title and imprisoned for 
     not less than 6 months nor more than 15 years;
       ``(B) if serious bodily injury results, shall be fined 
     under this title and imprisoned for not less than 5 years nor 
     more than 30 years; and
       ``(C) if death results, shall be fined under this title and 
     imprisoned for not less than 10 years or for life.''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Civil Action.--
       ``(1) In general.--Whoever engages in any conduct with 
     intent to convey false or misleading information under 
     circumstances where such information may reasonably be 
     believed and where such information indicates that an 
     activity has taken, is taking, or will take place that would 
     constitute an offense listed under subsection (a)(1) is 
     liable in a civil action to any party incurring expenses 
     incident to any emergency or investigative response to that 
     conduct, for those expenses.
       ``(2) Effect of conduct.--
       ``(A) In general.--A person described in subparagraph (B) 
     is liable in a civil action to any party described in 
     subparagraph (B)(ii) for any expenses that are incurred by 
     that party--

[[Page S3348]]

       ``(i) incident to any emergency or investigative response 
     to any conduct described in subparagraph (B)(i); and
       ``(ii) after the person that engaged in that conduct should 
     have informed that party of the actual nature of the 
     activity.
       ``(B) Applicability.--A person described in this 
     subparagraph is any person that--
       ``(i) engages in any conduct that has the effect of 
     conveying false or misleading information under circumstances 
     where such information may reasonably be believed to indicate 
     that an activity has taken, is taking, or will take place 
     that would constitute an offense listed under subsection 
     (a)(1);
       ``(ii) receives actual notice that another party is taking 
     emergency or investigative action because that party believes 
     that the information indicates that an activity has taken, is 
     taking, or will take place that would constitute an offense 
     listed under subsection (a)(1); and
       ``(iii) after receiving such notice, fails to promptly and 
     reasonably inform 1 or more parties described in clause (ii) 
     of the actual nature of the activity.''.
       (b) Threatening Communications.--
       (1) Mailed within the united states.--Section 876 of title 
     18, United States Code, is amended by adding at the end the 
     following:
       ``(e) For purposes of this section, the term `addressed to 
     any other person' includes a communication addressed to an 
     individual (other than the sender), a corporation or other 
     legal person, and a government or agency or component 
     thereof.''.
       (2) Mailed to a foreign country.--Section 877 of title 18, 
     United States Code, is amended by adding at the end following 
     new undesignated paragraph:
       ``For purposes of this section, the term `addressed to any 
     person' includes a communication addressed to an individual, 
     a corporation or other legal person, and a government or 
     agency or component thereof.''.
                                 ______
                                 
  SA 359. Mr. KYL submitted an amendment intended to be proposed by him 
to the bill S. 990, to provide for an additional temporary extension of 
programs under the Small Business Act and the Small Business Investment 
Act of 1958, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

                        TITLE II--SAFE COPS ACT

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``Safe Cops Act of 2011''.

     SEC. 202. SPECIAL PENALTIES FOR MURDER OR KIDNAPPING OF A 
                   FEDERAL LAW ENFORCEMENT OFFICER OR FEDERAL 
                   JUDGE.

       (a) Murder.--Section 1114 of title 18, United States Code, 
     is amended--
       (1) by inserting ``(a)'' before ``Whoever''; and
       (2) by adding at the end the following:
       ``(b) If the victim of an offense punishable under this 
     section or section 1117 is a Federal law enforcement officer 
     or a United States judge (as those terms are defined in 
     section 115), the offender shall be punished by a fine under 
     this title and--
       ``(1) in the case of murder in the first degree, or an 
     attempt or conspiracy to commit murder in the first degree, 
     death or imprisonment for life;
       ``(2) in the case of murder in the second degree, or an 
     attempt or conspiracy to commit murder in the second degree, 
     imprisonment for any term of years not less than 25 or for 
     life; and
       ``(3) in the case of voluntary manslaughter, imprisonment 
     for any term of years not less than 10 or for life.''.
       (b) Kidnapping.--Section 1201 of title 18, United States 
     Code, is amended--
       (1) by redesignating subsections (f), (g), and (h) as 
     subsections (g), (h), and (i), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) If the victim of an offense punishable under 
     subsection (a), (c), or (d) is a Federal law enforcement 
     officer or a United States judge (as those terms are defined 
     in section 115), the offender shall be punished by a fine 
     under this title and imprisonment for any term of years not 
     less than 20 or for life, or, if death results, may be 
     sentenced to death.''.

     SEC. 203. SPECIAL PENALTIES FOR ASSAULTING A FEDERAL LAW 
                   ENFORCEMENT OFFICER OR FEDERAL JUDGE.

       (a) In General.--Section 111 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 111. Assaulting or interfering with certain officers 
       or employees

       ``(a) Officers and Employees.--
       ``(1) In general.--It shall be unlawful to--
       ``(A) assault or interfere with an officer or employee 
     described in section 1114, while such officer or employee is 
     engaged in, or on account of the performance of, official 
     duties;
       ``(B) assault or interfere with an individual who formerly 
     served as an officer or employee described in section 1114 on 
     account of the performance of official duties; or
       ``(C) assault or interfere with an individual on account of 
     that individual's current or former status as an officer or 
     employee described in section 1114.
       ``(2) Penalty.--Any person who violates paragraph (1), 
     shall be--
       ``(A) fined under this title;
       ``(B)(i) in the case of an interference or a simple 
     assault, imprisoned for not more than 1 year;
       ``(ii) in the case of an assault involving actual physical 
     contact or the intent to commit any other felony, imprisoned 
     for not more than 10 years;
       ``(iii) in the case of an assault resulting in bodily 
     injury, imprisoned for not more than 20 years; or
       ``(iv) in the case of an assault resulting in substantial 
     bodily injury (as that term is defined in section 113), or if 
     a dangerous weapon was used or possessed during and in 
     relation to the offense (including a weapon intended to cause 
     death or danger but that fails to do so by reason of a 
     defective component), imprisoned for not more than 30 years; 
     or
       ``(C) fined under subparagraph (A) and imprisoned under 
     subparagraph (B).
       ``(b) Law Enforcement Officers and Judges.--
       ``(1) In general.--If the victim of an assault punishable 
     under this section is a Federal law enforcement officer or a 
     United States judge (as those terms are defined in section 
     115)--
       ``(A) if the assault resulted in substantial bodily injury 
     (as that term is defined in section 113), the offender shall 
     be punished by a fine under this title and imprisonment for 
     not less 5 years nor more than 30 years; and
       ``(B) if the assault resulted in serious bodily injury (as 
     that term is defined in section 2119(2)), or a dangerous 
     weapon was used or possessed during and in relation to the 
     offense, the offender shall be punished by a fine under this 
     title and imprisonment for any term of years not less than 10 
     or for life.
       ``(2) Imposition of punishment.--Each punishment for 
     criminal conduct described in this subsection shall be in 
     addition to any other punishment for other criminal conduct 
     during the same criminal episode.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 7 of title 18, United States Code, is 
     amended by striking the item relating to section 111 and 
     inserting the following:

``111. Assaulting or interfering with certain officers or employees.''.

     SEC. 204. SPECIAL PENALTIES FOR RETALIATING AGAINST A FEDERAL 
                   LAW ENFORCEMENT OFFICER OR FEDERAL JUDGE BY 
                   MURDERING OR ASSAULTING A FAMILY MEMBER.

       (a) In General.--Section 115 of title 18, United States 
     Code, is amended--
       (1) by redesignating subsections (c) and (d) as subsections 
     (d) and (e), respectively; and
       (2) by inserting after subsection (b) the following:
       ``(c)(1) If an offense punishable under this section is 
     committed with the intent to impede, intimidate, or interfere 
     with a Federal law enforcement officer or a United States 
     judge while that officer or judge is engaged in the 
     performance of official duties, with the intent to retaliate 
     against that officer or judge or a person who formerly served 
     as such an officer or judge on account of the performance of 
     official duties, or with the intent to retaliate against an 
     individual on account of that individual's current or former 
     status as such an officer or judge, the offender shall be 
     punished--
       ``(A) in the case of murder, attempted murder, conspiracy 
     to murder, or manslaughter, as provided in section 1114(b);
       ``(B) in the case of kidnapping, attempted kidnapping, or 
     conspiracy to kidnap, as provided in section 1201(f);
       ``(C) in the case of an assault resulting in bodily injury 
     or involving the use or possession of a dangerous weapon 
     during and in relation to the offense, as provided for a 
     comparable offense against a Federal law enforcement officer 
     or United States judge under section 111; and
       ``(D) in the case of any other assault or threat, by a fine 
     under this title and imprisonment for not more than 10 years.
       ``(2) Each punishment for criminal conduct described in 
     this subsection shall be in addition to any other punishment 
     for other criminal conduct during the same criminal 
     episode.''.
       (b) Technical and Conforming Amendments.--
       (1) In general.--Title 18, United States Code, is amended--
       (A) in section 119(b)(4) by striking ``in section 
     115(c)(2)'' and inserting ``in section 115(d)(2)''; and
       (B) in section 2237(e)(1) of title 18, United States Code, 
     by striking ``in section 115(c)'' and inserting ``in section 
     115''.
       (2) Other law.--Section 5(a) of the Act entitled ``An Act 
     to promote the development of Indian arts and crafts and to 
     create a board to assist there in, and for other purposes'' 
     (25 U.S.C. 305d(a)) is amended by striking ``section 115(c)'' 
     and inserting ``section 115(d)''.

     SEC. 205. LIMITATION ON DAMAGES INCURRED DURING COMMISSION OF 
                   A FELONY OR CRIME OF VIOLENCE.

       (a) In General.--Section 1979 of the Revised Statutes (42 
     U.S.C. 1983) is amended by--
       (1) striking ``except that in any action'' and all that 
     follows through ``relief was unavailable.'' and inserting the 
     following: ``except that--
       ``(1) in any action brought against a judicial officer for 
     an act or omission taken in the judicial capacity of that 
     officer, injunctive relief shall not be granted unless a 
     declaratory decree was violated or declaratory relief was 
     unavailable; and
       ``(2) in any action seeking redress for a deprivation that 
     was incurred in the course

[[Page S3349]]

     of, or as a result of, or is related to, conduct by the 
     injured party that, more likely than not, constituted a 
     felony or a crime of violence (as that term is defined in 
     section 16 of title 18, United States Code) (including any 
     deprivation in the course of arrest or apprehension for, or 
     the investigation, prosecution, or adjudication of, such an 
     offense), a court shall not have jurisdiction to consider a 
     claim for damages other than for necessary out-of-pocket 
     expenditures and other monetary loss.''; and
       (2) indenting the last sentence as an undesignated 
     paragraph.
       (b) Attorney's Fees.--Section 722(b) of the Revised 
     Statutes (42 U.S.C. 1988(b)) is amended by striking ``except 
     that in any action'' and all that follows and inserting the 
     following: ``except that--
       ``(1) in any action brought against a judicial officer for 
     an act or omission taken in the judicial capacity of that 
     officer, such officer shall not be held liable for any costs, 
     including attorneys fees, unless such action was clearly in 
     excess of the jurisdiction of that officer; and
       ``(2) in any action seeking redress for a deprivation that 
     was incurred in the course of, or as a result of, or is 
     related to, conduct by the injured party that, more likely 
     than not, constituted a felony or a crime of violence (as 
     that term is defined in section 16 of title 18, United States 
     Code) (including any deprivation in the course of arrest or 
     apprehension for, or the investigation, prosecution, or 
     adjudication of, such an offense), the court may not allow 
     such party to recover attorney's fees.''.

     SEC. 206. FEDERAL REVIEW OF STATE CONVICTION FOR MURDER OF A 
                   LAW ENFORCEMENT OFFICER OR JUDGE.

       (a) Short Title.--This section may be cited as the ``Daniel 
     Faulkner Law Enforcement Officers and Judges Protection Act 
     of 2011''.
       (b) Federal Review.--Section 2254 of title 28, United 
     States Code, is amended by adding at the end the following:
       ``(j)(1) For an application for a writ of habeas corpus on 
     behalf of a person in custody pursuant to the judgment of a 
     State court for a crime that involved the killing of a public 
     safety officer (as that term is defined in section 1204 of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3796b)) or judge, while the public safety officer or 
     judge was engaged in the performance of official duties, or 
     on account of the public safety officer's or judge's 
     performance of official duties or status as a public safety 
     officer or judge--
       ``(A) the application shall be subject to the time 
     limitations and other requirements under sections 2263, 2264, 
     and 2266; and
       ``(B) the court shall not consider claims relating to 
     sentencing that were adjudicated in a State court.
       ``(2) Sections 2251, 2262, and 2101 are the exclusive 
     sources of authority for Federal courts to stay a sentence of 
     death entered by a State court in a case described in 
     paragraph (1).''.
       (c) Rules.--Rule 12 of the Rules Governing Section 2254 
     Cases in the United States District Courts is amended by 
     adding at the end the following: ``Rule 60(b)(6) of the 
     Federal Rules of Civil Procedure shall not apply to a 
     proceeding under these rules in a case that is described in 
     section 2254(j) of title 28, United States Code.''.
       (d) Finality of Determination.--Section 2244(b)(3)(E) of 
     title 28, United States Code, is amended by striking ``the 
     subject of a petition'' and all that follows and inserting: 
     ``reheard in the court of appeals or reviewed by writ of 
     certiorari.''.
       (e) Effective Date and Applicability.--
       (1) In general.--This section and the amendments made by 
     this section shall apply to any case pending on or after the 
     date of enactment of this Act.
       (2) Time limits.--In a case pending on the date of 
     enactment of this Act, if the amendments made by this section 
     impose a time limit for taking certain action, the period of 
     which began before the date of enactment of this Act, the 
     period of such time limit shall begin on the date of 
     enactment of this Act.
       (3) Exception.--The amendments made by this section shall 
     not bar consideration under section 2266(b)(3)(B) of title 
     28, United States Code, of an amendment to an application for 
     a writ of habeas corpus that is pending on the date of 
     enactment of this Act, if the amendment to the petition was 
     adjudicated by the court prior to the date of enactment of 
     this Act.
                                 ______
                                 
  SA 360. Mr. LEAHY (for himself, Mr. Paul, Mr. Cardin, Mr. Bingaman, 
Mr. Coons, Mrs. Shaheen, Mr. Wyden, Mr. Franken, Mrs. Gillibrand, Mr. 
Harkin, Mr. Durbin, Mr. Merkley, Mrs. Boxer, and Mr. Akaka) submitted 
an amendment intended to be proposed to amendment SA 347 proposed by 
Mr. Reid to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. ADDITIONAL SUNSETS.

       (a) 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 7(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.
       (b) FISA Amendments Act of 2008.--
       (1) Extension.--Section 403(b)(1) of the FISA Amendments 
     Act of 2008 (Public Law 110-261; 50 U.S.C. 1881 note) is 
     amended by striking ``December 31, 2012'' and inserting 
     ``December 31, 2013''.
       (2) Technical and conforming amendments.--Section 403(b)(2) 
     of such Act (Public Law 110-261; 122 Stat. 2474) is amended 
     by striking ``December 31, 2012'' and inserting ``December 
     31, 2013''.
       (3) Orders in effect.--Section 404(b)(1) of such Act 
     (Public Law 110-261; 50 U.S.C. 1801 note) is amended in the 
     heading by striking ``December 31, 2012'' and inserting 
     ``December 31, 2013''.

     SEC. 4. 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 contain bookseller records, or 
     are from a library and contain personally identifiable 
     information about a patron of the library, 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.'';
       (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; and
       (4) by adding at the end the following:
       ``(i) Definitions.--In this section--
       ``(1) the term `bookseller records' means transactional 
     records reflecting the purchase (including subscription 
     purchase) or rental of books, journals, or magazines, whether 
     in digital form or in print, of an individual or entity 
     engaged in the sale or rental of books, journals, or 
     magazines;

[[Page S3350]]

       ``(2) the term `library' has the meaning given that term in 
     section 213(1) of the Library Services and Technology Act (20 
     U.S.C. 9122(1));
       ``(3) the term `patron' means a purchaser, renter, 
     borrower, user, or subscriber of goods or services from a 
     library; and
       ``(4) the term `personally identifiable information' 
     includes information that identifies a person as having used, 
     requested, or obtained specific reading materials or services 
     from a library.''.
       (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:

``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. 5. 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. 6. 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

[[Page S3351]]

     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
       ``(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;

[[Page S3352]]

       ``(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.
       ``(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. 7. 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 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

[[Page S3353]]

     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. 8. 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 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. 9. 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 PATRIOT Sunsets 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

[[Page S3354]]

     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. 10. 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. 11. 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 
     ``2013'';
       (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--
       (i) by striking subparagraph (C) and inserting the 
     following:
       ``(C) with respect to calendar years 2007 through 2013, 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 
     March 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 2007, 2008, and 2009.
       ``(4) Calendar years 2010 and 2011.--Not later than March 
     31, 2013, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives and the Committee on the Judiciary and the 
     Select Committee on Intelligence of the Senate a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2010 and 2011.
       ``(5) Calendar years 2012 and 2013.--Not later than March 
     31, 2015, 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 2012 and 2013.'';
       (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, 2013, 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 
     March 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 Representative a report 
     containing the results of the assessment for calendar years 
     2007 through 2009.
       ``(B) Calendar years 2010 and 2011.--Not later than March 
     31, 2013, 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.
       ``(C) Calendar years 2012 and 2013.--Not later than March 
     31, 2015, 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 
     2012 and 2013.'';
       (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 
     ``2013''; 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 
     March 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 2007, 2008, and 2009.
       ``(4) Calendar years 2010 and 2011.--Not later than March 
     31, 2013, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives and the Committee on the Judiciary and the 
     Select Committee on Intelligence of the Senate a report 
     containing the results of the audit conducted under 
     subsection (a) for calendar years 2010 and 2011.
       ``(5) Calendar years 2012 and 2013.--Not later than March 
     31, 2015, 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 2012 and 2013.'';
       (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);

[[Page S3355]]

       ``(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, 2013, 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 
     March 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 
     2007 through 2009.
       ``(B) Calendar years 2010 and 2011.--Not later than March 
     31, 2013, 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.
       ``(C) Calendar years 2012 and 2013.--Not later than March 
     31, 2015, 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 
     2012 and 2013.'';
       (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
       (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, 2013.
       (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 
     2013;
       (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 through 2013, 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 March 
     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 2007 through 2009.
       (B) Calendar years 2010 and 2011.--Not later than March 31, 
     2013, the Inspector General of the Department of Justice 
     shall submit to the Committee on the Judiciary and the Select 
     Committee on Intelligence of the Senate and the Committee on 
     the Judiciary and the Permanent Select Committee on 
     Intelligence of the House of Representatives a report 
     containing the results of the audits conducted under 
     paragraph (1) for calendar years 2010 and 2011.
       (C) Calendar years 2012 and 2013.--Not later than March 31, 
     2015, 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 2012 and 2013.
       (4) Intelligence assessment.--
       (A) In general.--For the period beginning January 1, 2007 
     and ending on December 31, 2013, 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 March 
     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 
     2007 through 2009.
       (ii) Calendar years 2010 and 2011.--Not later than March 
     31, 2013, 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.

[[Page S3356]]

       (iii) Calendar years 2012 and 2013.--Not later than March 
     31, 2015, 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 
     2012 and 2013.
       (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).
       (e) 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, 
     $9,000,000 are permanently rescinded and shall be returned to 
     the general fund of the Treasury.

     SEC. 12. 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. 13. 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. 14. 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. 15. 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, $9,000,000 are 
     permanently rescinded and shall be returned to the general 
     fund of the Treasury.

     SEC. 16. ELECTRONIC SURVEILLANCE.

       Section 105(c)(1)(A) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1805(c)(1)(A)) is amended 
     by inserting ``with particularity'' after ``description''.

     SEC. 17. EFFECTIVE DATE.

       The amendments made by sections 4, 5, 6, 7, 8, and 12 shall 
     take effect on the date that is 120 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 361. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 347 proposed by Mr. Reid to the bill S. 990, to provide 
for an additional temporary extension of programs under the Small 
Business Act and the Small Business Investment Act of 1958, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

     SEC. 3. BORDER FENCE COMPLETION.

       (a) Minimum Requirements.--Section 102(b)(1) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1103 note) is amended--
       (1) in subparagraph (A), by adding at the end the 
     following: ``Fencing that does not effectively restrain 
     pedestrian traffic (such as vehicle barriers and virtual 
     fencing) may not be used to meet the 700-mile fence 
     requirement under this subparagraph.'';
       (2) in subparagraph (B)--
       (A) in clause (i), by striking ``and'' at the end;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(iii) not later than 1 year after the date of the 
     enactment of the PATRIOT Sunsets Extension Act of 2011, 
     complete the construction of all the reinforced fencing and 
     the installation of the related equipment described in 
     subparagraph (A).''; and
       (3) in subparagraph (C), by adding at the end the 
     following:
       ``(iii) Funding not contingent on consultation.--Amounts 
     appropriated to carry out this paragraph may not be impounded 
     or otherwise withheld for failure to fully comply with the 
     consultation requirement under clause (i).''.
       (b) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to Congress that describes--
       (1) the progress made in completing the reinforced fencing 
     required under section 102(b)(1) of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1103 note), as amended by subsection (a); and
       (2) the plans for completing such fencing not later than 1 
     year after the date of the enactment of this Act.
                                 ______
                                 
  SA 362. Mr. VITTER (for himself and Mr. DeMint) submitted an 
amendment intended to be proposed by him to the bill S. 990, to provide 
for an additional temporary extension of programs under the Small 
Business Act and the Small Business Investment Act of 1958, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. _. PROHIBITION ON USE OF FUNDS FOR CRIMINAL 
                   INVESTIGATIONS OR PROSECUTIONS OF OFFICERS OR 
                   EMPLOYEES OF THE CENTRAL INTELLIGENCE AGENCY.

       (a) In General.--No funds made available in any provision 
     of law may be used to further the criminal investigations or 
     future prosecution of officers or employees of the Central 
     Intelligence Agency for actions related to their 
     interrogation of specific detainees at overseas locations.
       (b) Application.--The prohibition in subsection (a) applies 
     to funding--
       (1) investigations opened by the Attorney General and 
     described in his August 24, 2009 announcement; and
       (2) the appointment of Assistant United States Attorney 
     John Durham to determine whether Federal laws were violated 
     in connection with the alleged use of enhanced interrogation 
     techniques by officers or employees of the Central 
     Intelligence Agency.
                                 ______
                                 
  SA 363. Mr. PAUL (for himself and Mr. Heller) submitted an amendment 
intended to be proposed to amendment SA 347 proposed by Mr. Reid to the 
bill S. 990, to provide for an additional temporary extension of 
programs under the Small Business Act and the Small Business Investment 
Act of 1958, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FIREARMS RECORDS.

       Nothing in the USA PATRIOT Act (Public Law 107-56; 115 
     Stat. 272), the USA PATRIOT Improvement and Reauthorization 
     Act of 2005 (Public Law 109-177; 120 Stat. 192), the USA 
     PATRIOT Act Additional Reauthorizing Amendments Act of 2006 
     (Public Law 109-178; 120 Stat. 278), or an amendment made by 
     any such Act shall authorize the investigation or procurement 
     of firearms records which is not authorized under chapter 44 
     of title 18, United States Code.
                                 ______
                                 
  SA 364. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting before the period at the 
     end the following: ``, except as provided in paragraph (5)''; 
     and
       (2) by adding at the end the following:
       ``(5) Exemption.--
       ``(A) In general.--A failure to submit a report with 
     respect to a suspicious transaction shall not be a violation 
     of this subsection with respect to a financial institution or 
     any person described in paragraph (1), in any case in which 
     such financial institution or person--
       ``(i) has in effect an established decision-making process 
     with respect to suspicious transactions;

[[Page S3357]]

       ``(ii) has made a good faith effort to follow existing 
     policies, procedures, and processes with respect to 
     suspicious transactions; and
       ``(iii) has determined not to file a report with respect to 
     a particular transaction.
       ``(B) Exception.--The exemption provided under subparagraph 
     (A) does not apply in any case in which the failure to submit 
     a suspicious transaction report is accompanied by evidence of 
     bad faith on the part of the financial institution or other 
     person described in paragraph (1).''.
                                 ______
                                 
  SA 365. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g)(1) of title 31, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, but only upon request of an appropriate law 
     enforcement agency to such institution or person for such 
     report''.
                                 ______
                                 
  SA 366. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MINIMIZATION PROCEDURES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall establish 
     minimization and destruction procedures governing the 
     acquisition, retention, and dissemination by the Federal 
     Bureau of Investigation of any records received by the 
     Federal Bureau of Investigation--
       (1) in response to a National Security Letter issued under 
     section 2709 of title 18, United States Code, 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(a) of the National 
     Security Act of 1947 (50 U.S.C. 436(a)); or
       (2) pursuant to title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
       (b) Minimization and Destruction Procedures Defined.--In 
     this section, the term ``minimization and destruction 
     procedures'' means--
       (1) specific procedures that are reasonably designed in 
     light of the purpose and technique of a National Security 
     Letter or a request for tangible things for an investigation 
     to obtain foreign intelligence information, as appropriate, 
     to minimize the acquisition and retention, and prohibit the 
     dissemination, of nonpublicly available information 
     concerning unconsenting United States persons consistent with 
     the need of the United States to obtain, produce, and 
     disseminate foreign intelligence information, including 
     procedures to ensure that information obtained that is 
     outside the scope of such National Security Letter or 
     request, is returned or destroyed;
       (2) procedures that require that nonpublicly available 
     information, which is not foreign intelligence information 
     (as defined in section 101(e)(1) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be 
     disseminated in a manner that identifies any United States 
     person, without the consent of the United States person, 
     unless the identity of the United States person is necessary 
     to understand foreign intelligence information or assess its 
     importance; and
       (3) notwithstanding paragraphs (1) and (2), 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.
                                 ______
                                 
  SA 367. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       (a) USA PATRIOT Improvement and Reauthorization Act of 
     2005.--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 to read as follows:
       ``(1) In general.--
       ``(A) Section 206.--Effective June 1, 2015, the Foreign 
     Intelligence Surveillance Act of 1978 is amended so that 
     section 105(c)(2) (50 U.S.C. 1805(c)(2)) reads as such 
     section read on October 25, 2001.
       ``(B) Section 215.--Effective May 27, 2011, the Foreign 
     Intelligence Surveillance Act of 1978 is amended so that 
     sections 501, 502, and 503 (50 U.S.C. 1861 and 1862) read as 
     such sections read on October 25, 2001.''.
                                 ______
                                 
  SA 368. Mr. PAUL (for himself and Mr. Udall of New Mexico) submitted 
an amendment intended to be proposed by him to the bill S. 990, to 
provide for an additional temporary extension of programs under the 
Small Business Act and the Small Business Investment Act of 1958, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

       Section 3511 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(f) National Security Letters.--An officer or employee of 
     the United States may not issue a National Security Letter 
     under section 270 of title 18, United States Code, 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(a) of the 
     National Security Act of 1947 (50 U.S.C. 436(a)) unless--
       ``(1) the National Security Letter is submitted to a judge 
     of the court established under section 103(a) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803); and
       ``(2) such judge issues an order finding that a warrant 
     could be issued under rule 41 of the Federal Rules of 
     Criminal Procedure to search for and seize the information 
     sought to be obtained in the National Security Letter.''.
                                 ______
                                 
  SA 369. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, and insert the following:

     SEC. __. ROVING WIRETAPS AND FISA SUNSETS.

       (a) Limitation on Roving Wiretaps.--Section 105(c) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1805(c)) is amended--
       (1) in paragraph (1), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A)(i) the identity of the target of the electronic 
     surveillance, if known; or
       ``(ii) if the identity of the target is not known, a 
     description of the specific target and the nature and 
     location of the facilities and places at which the electronic 
     surveillance will be directed;
       ``(B)(i) the nature and location of each of the facilities 
     or places at which the electronic surveillance will be 
     directed, if known; or
       ``(ii) if any of the facilities or places are not known, 
     the identity of the target;''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) in cases where the facility or place at which the 
     electronic surveillance will be directed is not known at the 
     time the order is issued, that the electronic surveillance be 
     conducted only for such time as it is reasonable to presume 
     that the target of the surveillance is or was reasonably 
     proximate to the particular facility or place;''.
       (b) Sunsets on Roving Wiretap Authority.--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 to read as follows:
       ``(1) In general.--
       ``(A) Section 206.--Effective December 31, 2013, the 
     Foreign Intelligence Surveillance Act of 1978 is amended so 
     that section 105(c)(2) (50 U.S.C. 1805(c)(2)) read as such 
     section read on October 25, 2001.
       ``(B) Section 215.--Effective May 27, 2011, the Foreign 
     Intelligence Surveillance Act of 1978 is amended so that 
     sections 501 and 502 (50 U.S.C. 1861 and 1862) read as such 
     sections read on October 25, 2001.''.
                                 ______
                                 
  SA 370. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting before the period at the 
     end ``, subject to judicial review under paragraph (5)''; and
       (2) by adding at the end the following:
       ``(5) Judicial review.--The Secretary may not, under this 
     section or the rules issued

[[Page S3358]]

     under this section, or under any other provision of law, 
     require any financial institution, director, officer, 
     employee, or agent of any financial institution, or any other 
     entity that is otherwise subject to regulation or oversight 
     by the Secretary or pursuant to the securities laws (as that 
     term is defined under section 3 of the Securities Exchange 
     Act of 1934) to report any transaction under this section or 
     its equivalent under such provision of law, unless the 
     appropriate district court of the United States issues an 
     order finding that a warrant could be issued under rule 41 of 
     the Federal Rules of Criminal Procedure for the information 
     sought to be obtained by the Secretary.''.
                                 ______
                                 
  SA 371. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MILITARY ENGAGEMENT IN LIBYA.

       (a) Declaration of War.--Congress declares that a state of 
     war exists between the United States and the Government of 
     Libya.
       (b) Authorities.--The President is hereby authorized and 
     directed--
       (1) to employ the entire naval and military forces of the 
     United States and the resources of the United States 
     Government to carry on war against the Government of Libya; 
     and
       (2) to issue to private armed vessels of the United States 
     commissions or letters of marque and general reprisal, in 
     such form as the President shall think proper, and under the 
     seal of the United States, against the vessels, goods, and 
     effects of the Government of Libya.
                                 ______
                                 
  SA 372. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MILITARY ENGAGEMENT IN LIBYA.

       (a) Findings.--Congress makes the following findings:
       (1) Article I, Section 8 of the Constitution of the United 
     States reserves for Congress the right to declare war.
       (2) The War Powers Resolution (50 U.S.C. 1541 et seq.) 
     states that it is intended to ``fulfill the intent of the 
     framers of the Constitution of the United States'' in 
     requiring the President to seek the consent of Congress 
     before the introduction of the United States Armed Forces 
     into hostile action.
       (3) The President must seek authorization from Congress 
     prior to engaging the United States Armed Forces in an armed 
     conflict absent an imminent threat to national security.
       (4) President Barack Obama, without seeking a formal 
     authorization from Congress, ordered the execution of a 
     sustained military engagement through the enforcement of a 
     no-fly zone in Libya on March 19, 2011.
       (5) Congress has not considered or passed a formal 
     authorization for the President to initiate or continue 
     military operations in Libya.
       (6) The War Powers Resolution establishes that the 
     President must notify Congress of the introduction of the 
     United States Armed Forces within 48 hours after commencing 
     such action.
       (7) President Obama acknowledged his obligation to submit a 
     notification of his actions in Libya under the War Powers 
     Resolution through a letter delivered on March 21, 2011, to 
     Speaker of the House John Boehner and President Pro Tempore 
     of the Senate Daniel Inouye.
       (8) Section 8(a) the War Powers Resolution (50 U.S.C. 
     1547(a)) establishes that the President may not construe 
     authorization from any other act or treaty unless such act or 
     treaty is ``implemented by legislation specifically 
     authorizing the introduction of the United States Armed 
     Forces into hostilities''.
       (9) President Obama contends that hostile engagement by the 
     military forces of the United States against the Government 
     of Libya was part of a multilateral response authorized by 
     United Nations Security Council Resolution 1973 (2011).
       (10) Section 2(c) of the War Powers Resolution (50 U.S.C. 
     1541(c)) provides that no attempt by the President to 
     introduce the United States Armed Forces into hostile action 
     may be made under the War Powers Resolution unless there is 
     ``(1) a declaration of war, (2) a specific authorization, or 
     (3) a national emergency created by attack upon the United 
     States, its territories or possessions, or its armed 
     forces''.
       (11) The Government of Libya, immediately prior to the 
     introduction of the United States Armed Forces into the 
     conflict on March 19, 2011, had not attacked the United 
     States nor declared any intent to do so.
       (12) President Obama had stated the purpose of enforcing a 
     no-fly zone over Libya was to ``take all necessary measures 
     to protect civilians and civilian populated areas under 
     threat of attack in Libya'' and not in response to any direct 
     or immediate threat to the United States.
       (13) Section 5(b) of the War Powers Resolution (50 U.S.C. 
     1544(b)) further establishes that, in absence of 
     authorization from Congress, the President may not engage the 
     United States Armed Forces in an armed conflict for a period 
     longer than ``sixty calendar days''.
       (14) Members of the United States Armed Forces have 
     remained engaged in operations in Libya since March 19, 2011.
       (15) On May 20, 2011, the limit of sixty calendar days 
     placed on the President's ability to continue engagement of 
     the military forces of the United States against the 
     Government of Libya will have been exhausted under the terms 
     of the War Powers Resolution.
       (16) President Obama has not sought formal authorization 
     for the mission in Libya from Congress, nor indicated any 
     intent to cease operations in Libya before the sixty day 
     limit established by the War Powers Resolution.
       (b) Actions Required by War Powers Resolution.--Congress--
       (1) declares that, as it pertains to the continuing armed 
     engagement of the United States Armed Forces against the 
     Government of Libya, the President has exceeded the statutory 
     time limits placed on him by the War Powers Resolution and is 
     therefore in violation of the law; and
       (2) calls on the President to--
       (A) seek a formal authorization from Congress to continue 
     the mission in Libya; or
       (B) cease armed engagement against the Government of Libya 
     until such time as further action is authorized by Congress.
                                 ______
                                 
  SA 373. Mr. PAUL (for himself and Mr. Heller) submitted an amendment 
intended to be proposed to amendment SA 347 proposed by Mr. Reid to the 
bill S. 990, to provide for an additional temporary extension of 
programs under the Small Business Act and the Small Business Investment 
Act of 1958, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FIREARMS RECORDS.

       Nothing in the USA PATRIOT Act (Public Law 107-56; 115 
     Stat. 272), the USA PATRIOT Improvement and Reauthorization 
     Act of 2005 (Public Law 109-177; 120 Stat. 192), the USA 
     PATRIOT Act Additional Reauthorizing Amendments Act of 2006 
     (Public Law 109-178; 120 Stat. 278), or an amendment made by 
     any such Act shall authorize the investigation or procurement 
     of firearms records which is not authorized under chapter 44 
     of title 18, United States Code.
                                 ______
                                 
  SA 374. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting before the period at the 
     end the following: ``, except as provided in paragraph (5)''; 
     and
       (2) by adding at the end the following:
       ``(5) Exemption.--
       ``(A) In general.--A failure to submit a report with 
     respect to a suspicious transaction shall not be a violation 
     of this subsection with respect to a financial institution or 
     any person described in paragraph (1), in any case in which 
     such financial institution or person--
       ``(i) has in effect an established decision-making process 
     with respect to suspicious transactions;
       ``(ii) has made a good faith effort to follow existing 
     policies, procedures, and processes with respect to 
     suspicious transactions; and
       ``(iii) has determined not to file a report with respect to 
     a particular transaction.
       ``(B) Exception.--The exemption provided under subparagraph 
     (A) does not apply in any case in which the failure to submit 
     a suspicious transaction report is accompanied by evidence of 
     bad faith on the part of the financial institution or other 
     person described in paragraph (1).''.
                                 ______
                                 
  SA 375. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g)(1) of title 31, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, but only upon request of an appropriate law 
     enforcement agency to such institution or person for such 
     report''.
                                 ______
                                 
  SA 376. Mr. PAUL submitted an amendment intended to be proposed by

[[Page S3359]]

him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MINIMIZATION PROCEDURES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall establish 
     minimization and destruction procedures governing the 
     acquisition, retention, and dissemination by the Federal 
     Bureau of Investigation of any records received by the 
     Federal Bureau of Investigation--
       (1) in response to a National Security Letter issued under 
     section 2709 of title 18, United States Code, 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(a) of the National 
     Security Act of 1947 (50 U.S.C. 436(a)); or
       (2) pursuant to title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
       (b) Minimization and Destruction Procedures Defined.--In 
     this section, the term ``minimization and destruction 
     procedures'' means--
       (1) specific procedures that are reasonably designed in 
     light of the purpose and technique of a National Security 
     Letter or a request for tangible things for an investigation 
     to obtain foreign intelligence information, as appropriate, 
     to minimize the acquisition and retention, and prohibit the 
     dissemination, of nonpublicly available information 
     concerning unconsenting United States persons consistent with 
     the need of the United States to obtain, produce, and 
     disseminate foreign intelligence information, including 
     procedures to ensure that information obtained that is 
     outside the scope of such National Security Letter or 
     request, is returned or destroyed;
       (2) procedures that require that nonpublicly available 
     information, which is not foreign intelligence information 
     (as defined in section 101(e)(1) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be 
     disseminated in a manner that identifies any United States 
     person, without the consent of the United States person, 
     unless the identity of the United States person is necessary 
     to understand foreign intelligence information or assess its 
     importance; and
       (3) notwithstanding paragraphs (1) and (2), 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.
                                 ______
                                 
  SA 377. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       (a) USA PATRIOT Improvement and Reauthorization Act of 
     2005.--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 to read as follows:
       ``(1) In general.--
       ``(A) Section 206.--Effective June 1, 2015, the Foreign 
     Intelligence Surveillance Act of 1978 is amended so that 
     section 105(c)(2) (50 U.S.C. 1805(c)(2)) reads as such 
     section read on October 25, 2001.
       ``(B) Section 215.--Effective May 27, 2011, the Foreign 
     Intelligence Surveillance Act of 1978 is amended so that 
     sections 501, 502, and 503 (50 U.S.C. 1861 and 1862) read as 
     such sections read on October 25, 2001.''.
                                 ______
                                 
  SA 378. Mr. PAUL (for himself and Mr. Udall of New Mexico) submitted 
an amendment intended to be proposed by him to the bill S. 990, to 
provide for an additional temporary extension of programs under the 
Small Business Act and the Small Business Investment Act of 1958, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

       Section 3511 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(f) National Security Letters.--An officer or employee of 
     the United States may not issue a National Security Letter 
     under section 270 of title 18, United States Code, 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(a) of the 
     National Security Act of 1947 (50 U.S.C. 436(a)) unless--
       ``(1) the National Security Letter is submitted to a judge 
     of the court established under section 103(a) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803); and
       ``(2) such judge issues an order finding that a warrant 
     could be issued under rule 41 of the Federal Rules of 
     Criminal Procedure to search for and seize the information 
     sought to be obtained in the National Security Letter.''.
                                 ______
                                 
  SA 379. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, and insert the following:

     SEC. __. ROVING WIRETAPS AND FISA SUNSETS.

       (a) Limitation on Roving Wiretaps.--Section 105(c) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1805(c)) is amended--
       (1) in paragraph (1), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A)(i) the identity of the target of the electronic 
     surveillance, if known; or
       ``(ii) if the identity of the target is not known, a 
     description of the specific target and the nature and 
     location of the facilities and places at which the electronic 
     surveillance will be directed;
       ``(B)(i) the nature and location of each of the facilities 
     or places at which the electronic surveillance will be 
     directed, if known; or
       ``(ii) if any of the facilities or places are not known, 
     the identity of the target;''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) in cases where the facility or place at which the 
     electronic surveillance will be directed is not known at the 
     time the order is issued, that the electronic surveillance be 
     conducted only for such time as it is reasonable to presume 
     that the target of the surveillance is or was reasonably 
     proximate to the particular facility or place;''.
       (b) Sunsets on Roving Wiretap Authority.--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 to read as follows:
       ``(1) In general.--
       ``(A) Section 206.--Effective December 31, 2013, the 
     Foreign Intelligence Surveillance Act of 1978 is amended so 
     that section 105(c)(2) (50 U.S.C. 1805(c)(2)) read as such 
     section read on October 25, 2001.
       ``(B) Section 215.--Effective May 27, 2011, the Foreign 
     Intelligence Surveillance Act of 1978 is amended so that 
     sections 501 and 502 (50 U.S.C. 1861 and 1862) read as such 
     sections read on October 25, 2001.''.
                                 ______
                                 
  SA 380. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MILITARY ENGAGEMENT IN LIBYA.

       (a) Declaration of War.--Congress declares that a state of 
     war exists between the United States and the Government of 
     Libya.
       (b) Authorities.--The President is hereby authorized and 
     directed--
       (1) to employ the entire naval and military forces of the 
     United States and the resources of the United States 
     Government to carry on war against the Government of Libya; 
     and
       (2) to issue to private armed vessels of the United States 
     commissions or letters of marque and general reprisal, in 
     such form as the President shall think proper, and under the 
     seal of the United States, against the vessels, goods, and 
     effects of the Government of Libya.
                                 ______
                                 
  SA 381. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MILITARY ENGAGEMENT IN LIBYA.

       (a) Findings.--Congress makes the following findings:
       (1) Article I, Section 8 of the Constitution of the United 
     States reserves for Congress the right to declare war.
       (2) The War Powers Resolution (50 U.S.C. 1541 et seq.) 
     states that it is intended to ``fulfill the intent of the 
     framers of the Constitution of the United States'' in 
     requiring the President to seek the consent of Congress 
     before the introduction of the United States Armed Forces 
     into hostile action.

[[Page S3360]]

       (3) The President must seek authorization from Congress 
     prior to engaging the United States Armed Forces in an armed 
     conflict absent an imminent threat to national security.
       (4) President Barack Obama, without seeking a formal 
     authorization from Congress, ordered the execution of a 
     sustained military engagement through the enforcement of a 
     no-fly zone in Libya on March 19, 2011.
       (5) Congress has not considered or passed a formal 
     authorization for the President to initiate or continue 
     military operations in Libya.
       (6) The War Powers Resolution establishes that the 
     President must notify Congress of the introduction of the 
     United States Armed Forces within 48 hours after commencing 
     such action.
       (7) President Obama acknowledged his obligation to submit a 
     notification of his actions in Libya under the War Powers 
     Resolution through a letter delivered on March 21, 2011, to 
     Speaker of the House John Boehner and President Pro Tempore 
     of the Senate Daniel Inouye.
       (8) Section 8(a) the War Powers Resolution (50 U.S.C. 
     1547(a)) establishes that the President may not construe 
     authorization from any other act or treaty unless such act or 
     treaty is ``implemented by legislation specifically 
     authorizing the introduction of the United States Armed 
     Forces into hostilities''.
       (9) President Obama contends that hostile engagement by the 
     military forces of the United States against the Government 
     of Libya was part of a multilateral response authorized by 
     United Nations Security Council Resolution 1973 (2011).
       (10) Section 2(c) of the War Powers Resolution (50 U.S.C. 
     1541(c)) provides that no attempt by the President to 
     introduce the United States Armed Forces into hostile action 
     may be made under the War Powers Resolution unless there is 
     ``(1) a declaration of war, (2) a specific authorization, or 
     (3) a national emergency created by attack upon the United 
     States, its territories or possessions, or its armed 
     forces''.
       (11) The Government of Libya, immediately prior to the 
     introduction of the United States Armed Forces into the 
     conflict on March 19, 2011, had not attacked the United 
     States nor declared any intent to do so.
       (12) President Obama had stated the purpose of enforcing a 
     no-fly zone over Libya was to ``take all necessary measures 
     to protect civilians and civilian populated areas under 
     threat of attack in Libya'' and not in response to any direct 
     or immediate threat to the United States.
       (13) Section 5(b) of the War Powers Resolution (50 U.S.C. 
     1544(b)) further establishes that, in absence of 
     authorization from Congress, the President may not engage the 
     United States Armed Forces in an armed conflict for a period 
     longer than ``sixty calendar days''.
       (14) Members of the United States Armed Forces have 
     remained engaged in operations in Libya since March 19, 2011.
       (15) On May 20, 2011, the limit of sixty calendar days 
     placed on the President's ability to continue engagement of 
     the military forces of the United States against the 
     Government of Libya will have been exhausted under the terms 
     of the War Powers Resolution.
       (16) President Obama has not sought formal authorization 
     for the mission in Libya from Congress, nor indicated any 
     intent to cease operations in Libya before the sixty day 
     limit established by the War Powers Resolution.
       (b) Actions Required by War Powers Resolution.--Congress--
       (1) declares that, as it pertains to the continuing armed 
     engagement of the United States Armed Forces against the 
     Government of Libya, the President has exceeded the statutory 
     time limits placed on him by the War Powers Resolution and is 
     therefore in violation of the law; and
       (2) calls on the President to--
       (A) seek a formal authorization from Congress to continue 
     the mission in Libya; or
       (B) cease armed engagement against the Government of Libya 
     until such time as further action is authorized by Congress.
                                 ______
                                 
  SA 382. Mr. PAUL submitted an amendment intended to be proposed by 
him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting before the period at the 
     end ``, subject to judicial review under paragraph (5)''; and
       (2) by adding at the end the following:
       ``(5) Judicial review.--The Secretary may not, under this 
     section or the rules issued under this section, or under any 
     other provision of law, require any financial institution, 
     director, officer, employee, or agent of any financial 
     institution, or any other entity that is otherwise subject to 
     regulation or oversight by the Secretary or pursuant to the 
     securities laws (as that term is defined under section 3 of 
     the Securities Exchange Act of 1934) to report any 
     transaction under this section or its equivalent under such 
     provision of law, unless the appropriate district court of 
     the United States issues an order finding that a warrant 
     could be issued under rule 41 of the Federal Rules of 
     Criminal Procedure for the information sought to be obtained 
     by the Secretary.''.
                                 ______
                                 
  SA 383. Mrs. SHAHEEN (for herself and Mr. Coons) submitted an 
amendment intended to be proposed to amendment SA 347 proposed by Mr. 
Reid to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 2, strike lines 3 through 10 and insert the 
     following:

     1861 note, and 50 U.S.C. 1862 note) is amended by striking 
     ``May 27, 2011'' and inserting ``December 1, 2011''.
       (b) Intelligence Reform and Terrorism Prevention Act of 
     2004.--Section 6001(b)(1) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 50 
     U.S.C. 1801 note) is amended by striking ``May 27, 2011'' and 
     inserting ``December 1, 2011''.
                                 ______
                                 
  SA 384. Mr. WYDEN (for himself, Mr. Udall of Colorado, Mr. Merkley, 
and Mr. Udall of New Mexico) submitted an amendment intended to be 
proposed to amendment SA 347 proposed by Mr. Reid to the bill S. 990,to 
provide for an additional temporary extension of programs under the 
Small Business Act and the Small Business Investment Act of 1958, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. REPORT ON INTELLIGENCE COLLECTION ACTIVITIES.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) in democratic societies, citizens rightly expect that 
     their government will not arbitrarily keep information secret 
     from the public but instead will act with secrecy only in 
     certain limited circumstances;
       (2) the United States Government has an inherent 
     responsibility to protect American citizens from foreign 
     threats and sometimes relies on clandestine methods to learn 
     information about foreign adversaries, and these intelligence 
     collection methods are often most effective when they remain 
     secret;
       (3) American citizens recognize that their government may 
     rely on secret intelligence sources and collection methods to 
     ensure national security and public safety, and American 
     citizens also expect intelligence activities to be conducted 
     within the boundaries of publicly understood law;
       (4) it is essential for the American public to have access 
     to enough information to determine how government officials 
     are interpreting the law, so that voters can ratify or reject 
     decisions that elected officials make on their behalf;
       (5) it is essential that Congress have informed and open 
     debates about the meaning of existing laws, so that members 
     of Congress are able to consider whether laws are written 
     appropriately, and so that members of Congress may be held 
     accountable by their constituents;
       (6) United States Government officials should not secretly 
     reinterpret public laws and statutes in a manner that is 
     inconsistent with the public's understanding of these laws, 
     and should not describe the execution of these laws in a way 
     that misinforms or misleads the public;
       (7) On February 2, 2011, the congressional intelligence 
     committees received a secret report from the Attorney General 
     and the Director of National Intelligence that has been 
     publicly described as pertaining to intelligence collection 
     authorities that are subject to expiration under section 224 
     of the USA PATRIOT Act (Public Law 107-56; 115 Stat. 295); 
     and
       (8) while it is entirely appropriate for particular 
     intelligence collection techniques to be kept secret, the 
     laws that authorize such techniques, and the United States 
     Government's official interpretation of these laws, should 
     not be kept secret but should instead be transparent to the 
     public, so that these laws can be the subject of informed 
     public debate and consideration.
       (b) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Attorney General shall publish in 
     the Federal Register a report--
       (1) that details the legal basis for the intelligence 
     collection activities described in the February 2, 2011, 
     report to the congressional intelligence committees; and
       (2) that does not describe specific intelligence collection 
     programs or activities, but that fully describes the legal 
     interpretations and analysis necessary to understand the 
     United States Government's official interpretation of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.).
                                 ______
                                 
  SA 385. Mr. UDALL of Colorado (for himself, Mr. Wyden, Mr. Merkley, 
and Mr. Udall of New Mexico) submitted an amendment intended to be 
proposed

[[Page S3361]]

by him to the bill S. 990, to provide for an additional temporary 
extension of programs under the Small Business Act and the Small 
Business Investment Act of 1958, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

     SEC. 3. SPECIFIC EVIDENCE FOR COURT ORDERS TO PRODUCE RECORDS 
                   AND OTHER ITEMS IN INTELLIGENCE INVESTIGATIONS.

       (a) Factual Basis for Requested Order.--Section 501(b)(2) 
     of the Foreign Intelligence Surveillance Act of 1978 (50 
     U.S.C. 1861(b)(2)) is amended to read as follows:
       ``(2) shall include--
       ``(A) a statement of facts showing that there are 
     reasonable grounds to believe that the records or other 
     things sought--
       ``(i) are relevant to an authorized investigation (other 
     than a threat assessment) conducted in accordance with 
     subsection (a)(2) to obtain foreign intelligence information 
     not concerning a United States person or to protect against 
     international terrorism or clandestine intelligence 
     activities; and
       ``(ii)(I) pertain to a foreign power or an agent of a 
     foreign power;
       ``(II) are relevant to the activities of a suspected agent 
     of a foreign power who is the subject of such authorized 
     investigation; or
       ``(III) pertain to an individual in contact with, or known 
     to, a suspected agent of a foreign power; and
       ``(B) an enumeration of the minimization procedures adopted 
     by the Attorney General under subsection (g) that are 
     applicable to the retention and dissemination by the Federal 
     Bureau of Investigation of any tangible things to be made 
     available to the Federal Bureau of Investigation based on the 
     order requested in such application.''.
       (b) Exception.--Notwithstanding the amendment made by 
     subsection (a), an order issued by a court established under 
     section 103(a) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1803) for access to business records under 
     title V of such Act (50 U.S.C. 1861 et seq.) in effect on, 
     and issued prior to, September 30, 2011, shall remain in 
     effect under the provisions of such title V in effect on 
     September 29, 2011, until the date of expiration of such 
     order. Any renewal or extension of such order shall be 
     subject to the provisions of such title V in effect on 
     September 30, 2011.
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect on September 30, 2011.

                          ____________________