[Congressional Record Volume 159, Number 91 (Monday, June 24, 2013)]
[Senate]
[Pages S5019-S5027]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY (for himself, Mr. Lee, Mr. Udall of Colorado, Mr.
Wyden, Mr. Blumenthal, and Mr. Tester):
S. 1215. A bill to strengthen privacy protections, accountability,
and oversight related to domestic surveillance conducted pursuant to
the USA PATRIOT Act and the Foreign Intelligence Surveillance Act of
1978; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, for more than a decade the government's
ability and authority to gather information and electronic
communications data about those suspected of, or connected to,
potential terrorists has greatly increased. You only need to read the
newspaper or listen to the news in order to realize how extraordinary
this expansion has been. As an American, I believe that if the
government is going to have such powerful authorities, it should only
be if there is proper oversight, accountability, and transparency. We
have to ensure that we maintain both our Nation's security and the
fundamental civil liberties upon which our Nation was founded.
I have long been troubled by the expansive nature and scope of the
USA PATRIOT Act and the FISA Amendments Act. There is not enough
oversight and ability for Americans to know what their government is
doing and be able to get into the debate of whether they want their
government to do this. That is why I have consistently fought to
include strong protections for the privacy rights and civil liberties
of American citizens, as well as sunsets to help ensure proper
congressional oversight. Nothing focuses oversight like knowing a law
is about to come to an end. So I will introduce at the end of my
remarks, along with a bipartisan group of Senators, the FISA
Accountability and Privacy Protection Act of 2013.
In fact, those of us who are introducing this legislation go across
the political spectrum. This is not a partisan issue--this is an
American issue. This is an issue about wanting to know what our
government is doing and why. As Americans, we have the right to know
what our government does and why.
In each of the last two Congresses, I introduced legislation to
improve and reform the powerful law enforcement tools of the USA
PATRIOT Act while at the same time increasing judicial oversight,
public accountability, and transparency. Both those bills were reported
favorably by the Judiciary Committee with bipartisan support, but
Congress ultimately decided to extend all of these authorities, without
any modifications or improvements, until 2015.
Likewise, when Congress considered reauthorizing the FISA Amendments
Act last year, I pushed for a shorter sunset, greater transparency for
the American people, and better oversight. I regret the Senate rejected
these efforts to apply stricter oversight over these sweeping
authorities.
The recent public revelations about two classified data collection
programs have brought renewed attention to the government's broad
surveillance authorities, but they also underscore the need for close
scrutiny by Congress. The Director of National Intelligence has
acknowledged that they are being conducted pursuant to section 215 of
the USA PATRIOT Act and section 702 of the FISA Amendments Act.
We have also raised questions about lax oversight by the National
Security Agency, when a 29-year-old contract employee can walk off with
huge amounts of data without being stopped. It is not enough for the
National Security Agency to come here and say that they are doing this
to protect the country. I want them to protect the things they are
already holding. So the comprehensive legislation I am introducing
today will not only improve the privacy protections and accountability
provisions associated with these authorities, but it is going to
strengthen oversight and transparency provisions in other parts of the
USA PATRIOT Act.
In recent days, much attention has been rightly focused on section
215 of the PATRIOT Act and the bulk collection of phone call metadata
by the National Security Agency and their inability to keep that from
being stolen by a 29-year-old contract worker.
This measure will narrow the scope of section 215 orders by requiring
the government to show both relevance to an authorized investigation
and a link to a foreign group or power.
The bill also adds more meaningful judicial review of section 215
orders but strikes the one-year waiting period before a recipient can
challenge a nondisclosure order for section 215 orders. Now the order
comes in and you are told you can't talk about it. No matter whether it
damages your business, your relations, or people you are supposed to
protect, you can't talk about it for one year. That is a broad
generalization of what the nondisclosure orders are. I think those
orders should be changed. I think when we have these kinds of ``gag
orders'' on Americans, you are going into a very dangerous area.
Moreover, this measure would require court review of minimization
procedures when information concerning a U.S. person is acquired,
retained, or disseminated pursuant to a section 215 order. This is a
commonsense oversight requirement already required for other FISA
authorities such as wiretaps, physical searches, pen register and trap
and trace devices.
As I likened it before, we all understand that if a law enforcement
agency gets a search warrant to go into your home and search for
things, you usually know about it and are able to question that
authority. Now if they are collecting things electronically, you don't
know about it, you don't know what this is doing to your reputation, to
your work, or anything else. We have to have more accountability.
The FISA Accountability and Privacy Protection Act will also reform
and improve other authorities contained in the PATRIOT Act that, while
[[Page S5020]]
perhaps not a topic of recent public debate--and I will not go into
some of those aspects here on the floor, also significantly impact the
privacy rights of Americans.
Some of the things we can talk about, things such as national
security letters, so-called NSLs, are used extensively by law
enforcement and the intelligence community. They can be issued without
the approval of a court, a grand jury, or a prosecutor. Most Americans
would be amazed to know that authority exists. Frankly, in a State such
as mine where people value their privacy, I think most Vermonters would
be really concerned about it.
I propose applying a new sunset to the NSL authority. That would
require Congress to look at it again and come up with a better idea, or
it would end right there. I have long been concerned about the broad
scope of these secret requests and the potential for expansive
collection of sensitive information without appropriate limitations and
a sunset provision would help to ensure proper accountability.
Just because we can go out and gather all of this information on
Americans, often doing it secretly, doesn't mean we should. Some of us
enjoy our privacy. Some of us like to think we are innocent unless
proven guilty.
My bill would also address constitutional deficiencies regarding the
nondisclosure or ``gag orders'' by finally allowing individuals to
challenge these orders in court. You grow up hearing from everybody,
Well, you can have your day in court. Actually, you don't get your day
in court with these ``gag orders.''
The bill would also expand public reporting on the use of NSLs and
FISA authorities, including an unclassified report on the impact of the
use of these authorities on the privacy of U.S. persons. I have heard a
great deal in the last few weeks from people not only in Vermont but
elsewhere asking, Can't we have a report the American people can see--
not just those of us like myself who have access to classified
material, but have an unclassified report on the impact of the use of
these authorities on the privacy of Americans?
My bill will also address shortcomings in the FISA Amendments Act and
apply improvements that I sought during last year's reauthorization
debate in the Senate. The existing December 2017 sunset would be
shortened to June 2015 to focus attention and ensure timely
reexamination of how these authorities are being utilized.
The June 2015 sunset will also align with the PATRIOT Act sunset,
allowing Congress--and in fact requiring Congress--to address all of
these provisions at once, rather than a little piece here and a little
piece there. This legislation will also increase accountability by
clarifying the scope of annual reviews currently required by law
extends to all agencies that have a role in developing targeting and
so-called minimization procedures.
Finally--and I think this is extremely important--the bill seeks to
increase oversight by requiring the Inspector General of the
Intelligence Community to conduct a comprehensive review of the FISA
Amendments Act and its impact on the privacy rights of all Americans.
These are commonsense, practical improvements to ensure that the
broad and powerful surveillance tools being used by the government are
subject to appropriate limitations, transparency, and oversight. The
American people deserve to know how laws such as the USA PATRIOT Act
and the FISA Amendments Act are being used to conduct electronic
surveillance, particularly when the surveillance is not just on those
that we have reason to be suspicious of, but of all Americans--totally
innocent Americans. The American people also deserve to know whether
these programs have proven sufficiently effective to justify their
extraordinary breadth. If you can collect billions of phone calls, and
we have proven technologically you can do that, do we get anything out
of it? Or, do we get our information about terrorists the old-fashioned
way by actually talking to people, infiltrating terrorist groups, and
so forth?
Let us make sure we are not doing something just because we can do
it, regardless of how it impacts the rights of Americans. The enhanced
layers of transparency, oversight, and accountability included in this
legislation will ensure we are protecting national security without
undermining the privacy rights and civil liberties of law-abiding
Americans.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``FISA Accountability and
Privacy Protection Act of 2013''.
SEC. 2. SUNSETS.
(a) Modification of FISA Amendments Act of 2008 Sunset.--
(1) Modification.--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, 2017'' and inserting
``June 1, 2015''.
(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, 2017'' and inserting ``June 1,
2015''.
(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
paragraph heading by striking ``December 31, 2017'' and
inserting ``June 1, 2015''.
(b) National Security Letters.--
(1) Repeal.--Effective on June 1, 2015--
(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. 3162) 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 May 31, 2015, shall continue to apply on and after
June 1, 2015, with respect to any particular foreign
intelligence investigation or with respect to any particular
offense or potential offense that began or occurred before
June 1, 2015.
(3) Technical and conforming amendments.--Effective June 1,
2015--
(A) section 3511 of title 18, United States Code, is
amended--
(i) in subsections (a), (c), and (d), by striking ``or
627(a)'' each place it appears; and
(ii) in subsection (b)(1)(A), as amended by section 6(b) of
this Act, by striking ``section 626 or 627 of the Fair Credit
Reporting Act (15 U.S.C. 1681u and 1681v)'' and inserting
``section 626 of the Fair Credit Reporting Act (15 U.S.C.
1681u)'';
(B) section 118(c) of the USA PATRIOT Improvement and
Reauthorization Act of 2005 (18 U.S.C. 3511 note) is
amended--
(i) in subparagraph (C), by adding ``and'' at the end;
(ii) in subparagraph (D), by striking ``; and'' and
inserting a period; and
(iii) by striking subparagraph (E); and
(C) the table of sections for the Fair Credit Reporting Act
(15 U.S.C. 1681 et seq.) is amended by striking the item
relating to section 627.
SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR ACCESS
TO TANGIBLE THINGS.
(a) In General.--Section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861) is amended--
(1) in the section heading, by striking ``certain business
records'' and inserting ``tangible things'';
(2) in subsection (b)(2), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) a statement of facts showing that there are
reasonable grounds to believe that the records or other
things sought--
``(i) are relevant to an authorized investigation (other
than a threat assessment) conducted in accordance with
subsection (a)(2) to obtain foreign intelligence information
not concerning a United States person or to protect against
international terrorism or clandestine intelligence
activities; and
``(ii)(I) pertain to a foreign power or an agent of a
foreign power;
``(II) are relevant to the activities of a suspected agent
of a foreign power who is the subject of such authorized
investigation; or
``(III) pertain to an individual in contact with, or known
to, a suspected agent of a foreign power; and
``(B) a statement of proposed minimization procedures.'';
and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``and that the proposed minimization
procedures meet the definition
[[Page S5021]]
of minimization procedures under subsection (g)'' after
``subsections (a) and (b)''; and
(ii) by striking the second sentence; and
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``and'' at the end;
(ii) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) shall direct that the minimization procedures be
followed.''.
(b) Technical and Conforming Amendments.--
(1) 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 those 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 striking ``CERTAIN BUSINESS RECORDS''
and inserting ``TANGIBLE THINGS''.
(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 TANGIBLE THINGS FOR FOREIGN INTELLIGENCE PURPOSES
``Sec. 501. Access to tangible things for foreign intelligence purposes
and international terrorism investigations.''; and
(B) by inserting after the item relating to section 502 the
following:
``Sec. 503. Definitions.''.
SEC. 4. ORDERS FOR PEN REGISTERS AND TRAP AND TRACE DEVICES
FOR FOREIGN INTELLIGENCE PURPOSES.
(a) Application.--Section 402(c) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is
amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)--
(A) by striking ``a certification by the applicant'' and
inserting ``a statement of the facts and circumstances relied
upon by the applicant to justify the belief of the
applicant''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(3) a statement of whether minimization procedures are
being proposed and, if so, a statement of the proposed
minimization procedures.''.
(b) Minimization.--
(1) Definition.--Section 401 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841) is amended by
adding at the end the following:
``(4) The term `minimization procedures' means--
``(A) specific procedures, that are reasonably designed in
light of the purpose and technique of an order for the
installation and use of a pen register or trap and trace
device, to minimize the retention, and prohibit the
dissemination, of nonpublicly available information known to
concern unconsenting United States persons consistent with
the need of the United States to obtain, produce, and
disseminate foreign intelligence information;
``(B) procedures that require that nonpublicly available
information, which is not foreign intelligence information,
shall not be disseminated in a manner that identifies any
United States person, without the consent of such person,
unless the identity of such person is necessary to understand
foreign intelligence information or assess its importance;
and
``(C) notwithstanding subparagraphs (A) and (B), procedures
that allow for the retention and dissemination of information
that is evidence of a crime which has been, is being, or is
about to be committed and that is to be retained or
disseminated for law enforcement purposes.''.
(2) Pen registers and trap and trace devices.--Section 402
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1842) is amended--
(A) in subsection (d)(1), by striking ``the judge finds''
and all that follows and inserting the following: ``the judge
finds--
``(A) that the application satisfies the requirements of
this section; and
``(B) that, if there are exceptional circumstances
justifying the use of minimization procedures in a particular
case, the proposed minimization procedures meet the
definition of minimization procedures under this title.'';
and
(B) by adding at the end the following:
``(h) At or before the end of the period of time for which
the installation and use of a pen register or trap and trace
device is approved under an order or an extension under this
section, the judge may assess compliance with any applicable
minimization procedures by reviewing the circumstances under
which information concerning United States persons was
retained or disseminated.''.
(3) Emergencies.--Section 403 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1843) is amended--
(A) by redesignating subsection (c) as subsection (d); and
(B) by inserting after subsection (b) the following:
``(c) If the Attorney General authorizes the emergency
installation and use of a pen register or trap and trace
device under this section, the Attorney General shall require
that minimization procedures be followed, if appropriate.''.
(4) Use of information.--Section 405(a)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1845(a)(1))
is amended by striking ``provisions of this section'' and
inserting ``minimization procedures required under this
title''.
(c) Transition Procedures.--
(1) Orders in effect.--Notwithstanding the amendments made
by this Act, an order entered under section 402(d)(1) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842(d)(1)) that is in effect on the effective date of the
amendments made by this section shall remain in effect until
the expiration of the order.
(2) Extensions.--A request for an extension of an order
referred to in paragraph (1) shall be subject to the
requirements of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), as amended by this Act.
SEC. 5. LIMITATIONS ON DISCLOSURE OF NATIONAL SECURITY
LETTERS.
(a) In General.--Section 2709 of title 18, United States
Code, is amended by striking subsection (c) and inserting the
following:
``(c) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under paragraph (3) is provided, no wire or electronic
communication service provider, or officer, employee, or
agent thereof, that receives a request under subsection (a),
shall disclose to any person that the Director of the Federal
Bureau of Investigation has sought or obtained access to
information or records under this section.
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the Director of the Federal Bureau of
Investigation, or a designee of the Director whose rank shall
be no lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge of a Bureau field
office, certifies that, absent a prohibition of disclosure
under this subsection, there may result--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A wire or electronic communication
service provider, or officer, employee, or agent thereof,
that receives a request under subsection (a) may disclose
information otherwise subject to any applicable nondisclosure
requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the Director of the
Federal Bureau of Investigation or the designee of the
Director.
``(B) Persons necessary for compliance.--Upon a request by
the Director of the Federal Bureau of Investigation or the
designee of the Director, those persons to whom disclosure
will be made under subparagraph (A)(i) or to whom such
disclosure was made before the request shall be identified to
the Director or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be subject to
the nondisclosure requirements applicable to a person to whom
a request is issued under subsection (a) in the same manner
as the person to whom the request is issued.
``(D) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(3) Right to judicial review.--
``(A) In general.--A wire or electronic communications
service provider that receives a request under subsection (a)
shall have the right to judicial review of any applicable
nondisclosure requirement.
``(B) Notification.--A request under subsection (a) shall
state that if the recipient wishes to have a court review a
nondisclosure requirement, the recipient shall notify the
Government.
``(C) Initiation of proceedings.--If a recipient of a
request under subsection (a) makes a notification under
subparagraph (B), the Government shall initiate judicial
review under the procedures established in section 3511 of
this title, unless an appropriate official of the Federal
Bureau of the Investigation makes a notification under
paragraph (4).
``(4) Termination.--In the case of any request for which a
recipient has submitted a notification under paragraph
(3)(B), if the facts supporting a nondisclosure requirement
cease to exist, an appropriate official of the Federal Bureau
of Investigation shall promptly notify the wire or electronic
service provider, or officer, employee, or agent thereof,
subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
[[Page S5022]]
(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;
``(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;
[[Page S5023]]
``(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. 3162), is
amended by striking subsection (b) and inserting the
following:
``(b) Prohibition of Certain Disclosure.--
``(1) Prohibition.--
``(A) In general.--If a certification is issued under
subparagraph (B) and notice of the right to judicial review
under paragraph (3) is provided, no governmental or private
entity, or officer, employee, or agent thereof, that receives
a request under subsection (a), shall disclose to any person
that an authorized investigative agency described in
subsection (a) has sought or obtained access to information
under subsection (a).
``(B) Certification.--The requirements of subparagraph (A)
shall apply if the head of an authorized investigative agency
described in subsection (a), or a designee, certifies that,
absent a prohibition of disclosure under this subsection,
there may result--
``(i) a danger to the national security of the United
States;
``(ii) interference with a criminal, counterterrorism, or
counterintelligence investigation;
``(iii) interference with diplomatic relations; or
``(iv) danger to the life or physical safety of any person.
``(2) Exception.--
``(A) In general.--A governmental or private entity, or
officer, employee, or agent thereof, that receives a request
under subsection (a) may disclose information otherwise
subject to any applicable nondisclosure requirement to--
``(i) those persons to whom disclosure is necessary in
order to comply with the request;
``(ii) an attorney in order to obtain legal advice or
assistance regarding the request; or
``(iii) other persons as permitted by the head of the
authorized investigative agency described in subsection (a).
``(B) Persons necessary for compliance.--Upon a request by
the head of an authorized investigative agency described in
subsection (a), or a designee, those persons to whom
disclosure will be made under subparagraph (A)(i) or to whom
such disclosure was made before the request shall be
identified to the head of the authorized investigative agency
or the designee.
``(C) Nondisclosure requirement.--A person to whom
disclosure is made under subparagraph (A) shall be subject to
the nondisclosure requirements applicable to a person to whom
a request is issued under subsection (a) in the same manner
as the person to whom the request is issued.
``(D) Notice.--Any recipient that discloses to a person
described in subparagraph (A) information otherwise subject
to a nondisclosure requirement shall inform the person of the
applicable nondisclosure requirement.
``(3) Right to judicial review.--
``(A) In general.--A governmental or private entity that
receives a request under subsection (a) shall have the right
to judicial review of any applicable nondisclosure
requirement.
``(B) Notification.--A request under subsection (a) shall
state that if the recipient wishes to have a court review a
nondisclosure requirement, the recipient shall notify the
Government.
``(C) Initiation of proceedings.--If a recipient of a
request under subsection (a) makes a notification under
subparagraph (B), the Government shall initiate judicial
review under the procedures established in section 3511 of
title 18, United States Code, unless an appropriate official
of the authorized investigative agency described in
subsection (a) makes a notification under paragraph (4).
``(4) Termination.--In the case of any request for which a
governmental or private entity has submitted a notification
under paragraph (3)(B), if the facts supporting a
nondisclosure requirement cease to exist, an appropriate
official of the authorized investigative agency described in
subsection (a) shall promptly notify the governmental or
private entity, or officer, employee, or agent thereof,
subject to the nondisclosure requirement that the
nondisclosure requirement is no longer in effect.''.
SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY
LETTERS.
(a) FISA.--Section 501(f)(2) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by striking ``a production order'' and inserting ``a
production order or nondisclosure order''; and
(ii) by striking ``Not less than 1 year'' and all that
follows; and
(B) in clause (ii), by striking ``production order or
nondisclosure''; and
(2) in subparagraph (C)--
(A) by striking clause (ii); and
(B) by redesignating clause (iii) as clause (ii).
(b) Judicial Review of National Security Letters.--Section
3511(b) of title 18, United States Code, is amended to read
as follows:
``(b) Nondisclosure.--
``(1) In general.--
``(A) Notice.--If a recipient of a request or order for a
report, records, or other information under section 2709 of
this title, section 626 or 627 of the Fair Credit Reporting
Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3414), or section
802 of the National Security Act of 1947 (50 U.S.C. 3162),
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 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
[[Page S5024]]
time for the production of tangible things under an order
approved under this section or at any time after the
production of tangible things under an order approved under
this section, a judge may assess compliance with the
minimization procedures by reviewing the circumstances under
which information concerning United States persons was
retained or disseminated.''.
SEC. 7. CERTIFICATION FOR ACCESS TO TELEPHONE TOLL AND
TRANSACTIONAL RECORDS.
(a) In General.--Section 2709 of title 18, United States
Code, as amended by this Act, is amended--
(1) by striking subsection (e);
(2) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively; and
(3) by inserting after subsection (b) the following:
``(c) Written Statement.--The Director of the Federal
Bureau of Investigation, or a designee in a position not
lower than Deputy Assistant Director at Bureau headquarters
or a Special Agent in Charge in a Bureau field office
designated by the Director, may make a certification under
subsection (b) only upon a written statement, which shall be
retained by the Federal Bureau of Investigation, of specific
facts showing that there 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.
3162(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)), or section
802(b)(1) of the National Security Act of 1947 (50 U.S.C.
403(b)(1))'' 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) or
3414(a)(5)(D)(i)), or section 802(b)(1) of the National
Security Act of 1947 (50 U.S.C. 3162(b)(1))''.
(2) Semiannual reports.--Section 507(b) of the National
Security Act of 1947 (50 U.S.C. 415b(b)) is amended to read
as follows:
``(b) Semiannual Reports.--The dates for the submittal to
the congressional intelligence committees of the semiannual
reports on decisions not to prosecute certain violations of
law under the Classified Information Procedures Act (18
U.S.C. App.), as required by section 13 of that Act, shall be
the dates each year provided in subsection (c)(2).''.
SEC. 8. PUBLIC REPORTING ON NATIONAL SECURITY LETTERS.
(a) In General.--Section 118(c) of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (18 U.S.C. 3511
note) is amended to read as follows:
``(c) Reports on Requests for National Security Letters.--
``(1) Definitions.--In this subsection--
``(A) the term `applicable period' means--
``(i) with respect to the first report submitted under
paragraph (2) or (3), the period beginning 180 days after the
date of enactment of the FISA Accountability and Privacy
Protection Act of 2013 and ending on December 31, 2013; 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 March 1, 2014, 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. 3162) 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 March 1, 2014, 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. Each report
under this subparagraph shall be in unclassified form.
``(B) Contents.--Each report under subparagraph (A) shall
include the aggregate total of requests--
``(i) that relate to a United States person;
``(ii) that relate to a person that is not a United States
person;
``(iii) that relate to a person that is--
``(I) the subject of an authorized national security
investigation; or
``(II) an individual who has been in contact with or
otherwise directly linked to the subject of an authorized
national security investigation; and
``(iv) that relate to a person that is not known to be the
subject of an authorized national security investigation or
to have been in contact with or otherwise directly linked to
the subject of an authorized national security
investigation.''.
(b) Technical and Conforming Amendment.--Section 627 of the
Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by
striking subsection (f).
SEC. 9. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE
SURVEILLANCE ACT OF 1978.
(a) In General.--Title VI of the Foreign Intelligence
Surveillance Act of 1978 (50
[[Page S5025]]
U.S.C. 1871) is amended by adding at the end the following:
``SEC. 602. ANNUAL UNCLASSIFIED REPORT.
``Not later than December 31, 2014, and every year
thereafter, the Attorney General, in consultation with the
Director of National Intelligence, and with due regard for
the protection of classified information from unauthorized
disclosure, shall submit to the Committee on the Judiciary
and the Select Committee on Intelligence of the Senate and
the Committee on the Judiciary and the Permanent Select
Committee on Intelligence of the House of Representatives an
unclassified report summarizing how the authorities under
this Act are used, including the impact of the use of the
authorities under this Act on the privacy of United States
persons (as defined in section 101).''.
(b) Technical and Conforming Amendment.--The table of
contents in the first section of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended
by inserting after the item relating to section 601 the
following:
``Sec. 602. Annual unclassified report.''.
SEC. 10. AUDITS.
(a) Tangible Things.--Section 106A of the USA PATRIOT
Improvement and Reauthorization Act of 2005 (Public Law 109-
177; 120 Stat. 200) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by inserting ``and calendar years
2010 through 2013'' after ``2006'';
(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 2010 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 adequately 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 2010 and 2011.--Not later than January
1, 2014, the Inspector General of the Department of Justice
shall submit to the Committee on the Judiciary and the Select
Committee on Intelligence of the Senate and the Committee on
the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives a report
containing the results of the audit conducted under
subsection (a) for calendar years 2010 and 2011.
``(4) Calendar years 2012 and 2013.--Not later than January
1, 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 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,
2010 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 adequately protect the constitutional
rights of United States persons.
``(2) Submission dates for assessment.--
``(A) Calendar years 2010 and 2011.--Not later than January
1, 2014, 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
2010 and 2011.
``(B) Calendar years 2012 and 2013.--Not later than January
1, 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. 3003); 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 inserting ``and calendar years
2010 through 2013'' after ``2006''; 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 2010 and 2011.--Not later than January
1, 2014, 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.
``(4) Calendar years 2012 and 2013.--Not later than January
1, 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. 3003);
``(2) the term `national security letter' means a request
for information under--
``(A) section 2709(a) of title 18, United States Code (to
access certain communication service provider records);
``(B) section 1114(a)(5)(A) of the Right to Financial
Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) (to obtain
financial institution customer records);
``(C) section 802 of the National Security Act of 1947 (50
U.S.C. 3162) (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,
2010 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
[[Page S5026]]
letters was collected, retained, analyzed, and disseminated.
``(2) Submission dates for assessment.--
``(A) Calendar years 2010 and 2011.--Not later than January
1, 2014, 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.
``(B) Calendar years 2012 and 2013.--Not later than January
1, 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, 2010
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 2010 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 2012 and 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 adequately 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 2010 and 2011.--Not later than January
1, 2014, 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.
(B) Calendar years 2012 and 2013.--Not later than January
1, 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, 2010
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 adequately protect the constitutional
rights of United States persons.
(B) Submission dates for assessment.--
(i) Calendar years 2010 and 2011.--Not later than January
1, 2014, 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.
(ii) Calendar years 2012 and 2013.--Not later than January
1, 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 under 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 ``Attorney General'', ``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);
(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. 3003);
(3) the term ``minimization procedures'' has the meaning
given that term in section 401 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1841), as amended by this
Act; and
(4) the terms ``pen register'' and ``trap and trace
device'' have the meanings given those terms in section 3127
of title 18, United States Code.
SEC. 11. DELAYED NOTICE SEARCH WARRANTS.
Section 3103a(b)(3) of title 18, United States Code, is
amended by striking ``30 days'' and inserting ``7 days''.
SEC. 12. INSPECTOR GENERAL REVIEWS.
(a) Agency Assessments.--Section 702(l)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1881a(l)(2))
is amended--
(1) in the matter preceding subparagraph (A), by striking
``authorized to acquire foreign intelligence information
under subsection (a)'' and inserting ``with targeting or
minimization procedures approved under this section'';
(2) in subparagraph (C), by inserting ``United States
persons or'' after ``later determined to be''; and
(3) in subparagraph (D)--
(A) in the matter preceding clause (i), by striking ``such
review'' and inserting ``review conducted under this
paragraph'';
[[Page S5027]]
(B) in clause (ii), by striking ``and'' at the end;
(C) by redesignating clause (iii) as clause (iv); and
(D) by inserting after clause (ii), the following:
``(iii) the Inspector General of the Intelligence
Community; and''.
(b) Inspector General of the Intelligence Community
Review.--Section 702(l) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1881a(l)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Inspector general of the intelligence community
review.--
``(A) In general.--The Inspector General of the
Intelligence Community is authorized to review the
acquisition, use, and dissemination of information acquired
under subsection (a) in order to review compliance with the
targeting and minimization procedures adopted in accordance
with subsections (d) and (e) and the guidelines adopted in
accordance with subsection (f), and in order to conduct the
review required under subparagraph (B).
``(B) Mandatory review.--The Inspector General of the
Intelligence Community shall review the procedures and
guidelines developed by the intelligence community to
implement this section, with respect to the protection of the
privacy rights of United States persons, including--
``(i) an evaluation of the limitations outlined in
subsection (b), the procedures approved in accordance with
subsections (d) and (e), and the guidelines adopted in
accordance with subsection (f), with respect to the
protection of the privacy rights of United States persons;
and
``(ii) an evaluation of the circumstances under which the
contents of communications acquired under subsection (a) may
be searched in order to review the communications of
particular United States persons.
``(C) Consideration of other reviews and assessments.--In
conducting a review under subparagraph (B), the Inspector
General of the Intelligence Community should take into
consideration, to the extent relevant and appropriate, any
reviews or assessments that have been completed or are being
undertaken under this section.
``(D) Report.--Not later than December 31, 2014, the
Inspector General of the Intelligence Community shall submit
a report regarding the reviews conducted under this paragraph
to--
``(i) the Attorney General;
``(ii) the Director of National Intelligence; and
``(iii) consistent with the Rules of the House of
Representatives, the Standing Rules of the Senate, and Senate
Resolution 400 of the 94th Congress or any successor Senate
resolution--
``(I) the congressional intelligence committees; and
``(II) the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives.
``(E) Public reporting of findings and conclusions.--In a
manner consistent with the protection of the national
security of the United States, and in unclassified form, the
Inspector General of the Intelligence Community shall make
publicly available a summary of the findings and conclusions
of the review conducted under subparagraph (B).''.
(c) Annual Reviews.--Section 702(l)(4)(A) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1881a(l)(4)(A)), as redesignated by subsection (b)(1), is
amended--
(1) in the matter preceding clause (i)--
(A) in the first sentence--
(i) by striking ``conducting an acquisition authorized
under subsection (a)'' and inserting ``with targeting or
minimization procedures approved under this section''; and
(ii) by striking ``the acquisition'' and inserting
``acquisitions under subsection (a)''; and
(B) in the second sentence, by striking ``The annual
review'' and inserting ``As applicable, the annual review'';
and
(2) in clause (iii), by inserting ``United States persons
or'' after ``later determined to be''
SEC. 13. 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. 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, $5,000,000 are
permanently rescinded and shall be returned to the general
fund of the Treasury.
SEC. 16. EFFECTIVE DATE.
The amendments made by sections 3, 4, 5, 6, 7, and 11 shall
take effect on the date that is 120 days after the date of
enactment of this Act.
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