,,ii #aacth ,,congress #ast ,session ,s4 #abae ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bd1 #bjac ,mr4 ,leahy 7for himself1 ,mr4 ,lee1 ,mr4 ,udall of ,colorado1 ,mr4 ,wyden1 ,mr4 ,blumenthal1 and ,mr4 ,tester7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to strengthen privacy protections1 accountability1 and oversight related to domestic surveillance conducted pursuant to the ,,usa ,,patriot ,act and the ,foreign ,intelligence ,surveillance ,act of #aigh4 #a4 ,short title ,this ,act may be cited as the ,,fisa ,accountability and ,privacy ,protection ,act of #bjac4 #b4 ,sunsets 7a7 ,modification of ,,fisa ,amendments ,act of #bjjh sunset 7#a7 ,modification ,section #djc7;b77#a7 of the ,,fisa ,amendments ,act of #bjjh 7,public ,law #aaj-bfa2 #ej ,u4,s4,c4 #ahha note7 is amended by striking ,december #ca1 #bjag and inserting ,june #a1 #bjae4 7#b7 ,technical and conforming amendments ,section #djc7;b77#b7 of such ,act 7,public ,law #aaj-bfa2 #abb ,stat4 #bdgd7 is amended by striking ,december #ca1 #bjag and inserting ,june #a1 #bjae4 7#c7 ,orders in effect ,section #djd7;b77#a7 of such ,act 7,public ,law #aaj-bfa2 #ej ,u4,s4,c4 #ahja note7 is amended in the paragraph heading by striking ,december #ca1 #bjag and inserting ,june #a1 #bjae4 7b7 ,national ,security ,letters 7#a7 ,repeal ,effective on ,june #a1 #bjae-- 7,a7 section #bgji of title #ah1 ,united ,states ,code1 is amended to read as such provision read on ,october #be1 #bjja2 7,b7 section #aaad7;a77#e7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77 is amended to read as such provision read on ,october #be1 #bjja2 7,c7 subsections 7a7 and 7b7 of section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 are amended to read as subsections 7a7 and 7b71 respectively1 of the second of the #b sections designated as section #fbd of such ,act 7#ae ,u4,s4,c4 #afhau7 7relating to disclosure to the ,federal ,bureau of ,investigation for counterintelligence purposes71 as added by section #fja of the ,intelligence ,authorization ,act for ,fiscal ,year #aiif 7,public ,law #ajd-ic2 #aji ,stat4 #igd71 read on ,october #be1 #bjja2 7,d7 section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is repealed2 and 7,e7 section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 is amended to read as such provision read on ,october #be1 #bjja4 7#b7 ,transition provision ,notwithstanding paragraph 7#a71 the provisions of law referred to in paragraph 7#a71 as in effect on ,may #ca1 #bjae1 shall continue to apply on and after ,june #a1 #bjae1 with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before ,june #a1 #bjae4 7#c7 ,technical and conforming amendments ,effective ,june #a1 #bjae-- 7,a7 section #ceaa of title #ah1 ,united ,states ,code1 is amended-- 7i7 in subsections 7a71 7c71 and 7d71 by striking or #fbg7;a7 each place it appears2 and 7ii7 in subsection 7b77#a77;,a71 as amended by section #f7;b7 of this ,act1 by striking section #fbf or #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau and #afhav7 and inserting section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau72 7,b7 section #aah7;c7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ah ,u4,s4,c4 #ceaa note7 is amended-- 7i7 in subparagraph 7,c71 by adding and at the end2 7ii7 in subparagraph 7,d71 by striking 2 and and inserting a period2 and 7iii7 by striking subparagraph 7,e72 and 7,c7 the table of sections for the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq47 is amended by striking the item relating to section #fbg4 #c4 ,factual basis for and issuance of orders for access to tangible things 7a7 ,in general ,section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 is amended-- 7#a7 in the section heading1 by striking certain business records and inserting tangible things2 7#b7 in subsection 7b77#b71 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 a statement of facts showing that there are reasonable grounds to believe that the records or other things sought-- 7i7 are relevant to an authorized investigation 7other than a threat assessment7 conducted in accordance with subsection 7a77#b7 to obtain foreign intelligence information not concerning a ,united ,states person or to protect against international terrorism or clandestine intelligence activities2 and 7ii7 7,i7 pertain to a foreign power or an agent of a foreign power2 7,,ii7 are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation2 or 7,,iii7 pertain to an individual in contact with1 or known to1 a suspected agent of a foreign power2 and 7,b7 a statement of proposed minimization procedures4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting and that the proposed minimization procedures meet the definition of minimization procedures under subsection 7g7 after subsections 7a7 and 7b72 and 7ii7 by striking the second sentence2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,d71 by striking and at the end2 7ii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,f7 shall direct that the minimization procedures be followed4 4 7b7 ,technical and conforming amendments 7#a7 ,definitions ,title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 is amended by adding at the end the following3 #ejc4 ,definitions ,in this title1 the terms ,attorney ,general1 foreign intelligence information1 international terrorism1 person1 ,united ,states1 and ,united ,states person have the meanings given those terms in section #aja4 4 7#b7 ,title heading ,title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 is amended in the title heading by striking certain business records and inserting tangible things4 7#c7 ,table of contents ,the table of contents in the first section of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended-- 7,a7 by striking the items relating to title ,v and section #eja and inserting the following3 ,,title ,v--,access to tangible things for foreign intelligence purposes ,sec4 #eja4 ,access to tangible things for foreign intelligence purposes and international terrorism investigations4 2 and 7,b7 by inserting after the item relating to section #ejb the following3 ,sec4 #ejc4 ,definitions4 4 #d4 ,orders for pen registers and trap and trace devices for foreign intelligence purposes 7a7 ,application ,section #djb7;c7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdb7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b7-- 7,a7 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 applicant2 and 7,b7 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 a statement of whether minimization procedures are being proposed and1 if so1 a statement of the proposed minimization procedures4 4 7b7 ,minimization 7#a7 ,definition ,section #dja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda7 is amended by adding at the end the following3 7#d7 ,the term minimization procedures means-- 7,a7 specific procedures1 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 device1 to minimize the retention1 and prohibit the dissemination1 of nonpublicly available information known to concern unconsenting ,united ,states persons consistent with the need of the ,united ,states to obtain1 produce1 and disseminate foreign intelligence information2 7,b7 procedures that require that nonpublicly available information1 which is not foreign intelligence information1 shall not be disseminated in a manner that identifies any ,united ,states person1 without the consent of such person1 unless the identity of such person is necessary to understand foreign intelligence information or assess its importance2 and 7,c7 notwithstanding subparagraphs 7,a7 and 7,b71 procedures that allow for the retention and dissemination of information that is evidence of a crime which has been1 is being1 or is about to be committed and that is to be retained or disseminated for law enforcement purposes4 4 7#b7 ,pen registers and trap and trace devices ,section #djb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdb7 is amended-- 7,a7 in subsection 7d77#a71 by striking the judge finds and all that follows and inserting the following3 8the judge finds-- 7,a7 that the application satisfies the requirements of this section2 and 7,b7 that1 if there are exceptional circumstances justifying the use of minimization procedures in a particular case1 the proposed minimization procedures meet the definition of minimization procedures under this title4 2 and 7,b7 by adding at the end the following3 7h7 ,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 section1 the judge may assess compliance with any applicable minimization procedures by reviewing the circumstances under which information concerning ,united ,states persons was retained or disseminated4 4 7#c7 ,emergencies ,section #djc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdc7 is amended-- 7,a7 by redesignating subsection 7c7 as subsection 7d72 and 7,b7 by inserting after subsection 7b7 the following3 7c7 ,if the ,attorney ,general authorizes the emergency installation and use of a pen register or trap and trace device under this section1 the ,attorney ,general shall require that minimization procedures be followed1 if appropriate4 4 7#d7 ,use of information ,section #dje7;a77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahde7;a77#a77 is amended by striking provisions of this section and inserting minimization procedures required under this title4 7c7 ,transition procedures 7#a7 ,orders in effect ,notwithstanding the amendments made by this ,act1 an order entered under section #djb7;d77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdb7;d77#a77 that is in effect on the effective date of the amendments made by this section shall remain in effect until the expiration of the order4 7#b7 ,extensions ,a request for an extension of an order referred to in paragraph 7#a7 shall be subject to the requirements of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 as amended by this ,act4 #e4 ,limitations on disclosure of national security letters 7a7 ,in general ,section #bgji of title #ah1 ,united ,states ,code1 is amended by striking subsection 7c7 and inserting the following3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under paragraph 7#c7 is provided1 no wire or electronic communication service provider1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a71 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 section4 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 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 office1 certifies that1 absent a prohibition of disclosure under this subsection1 there may result-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a wire or electronic communication service provider1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,persons necessary for compliance ,upon a request by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 those persons to whom disclosure will be made under subparagraph 7,a77i7 or to whom such disclosure was made before the request shall be identified to the ,director or the designee4 7,c7 ,nondisclosure requirement ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 in the same manner as the person to whom the request is issued4 7,d7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7#c7 ,right to judicial review 7,a7 ,in general ,a wire or electronic communications service provider that receives a request under subsection 7a7 shall have the right to judicial review of any applicable nondisclosure requirement4 7,b7 ,notification ,a request under subsection 7a7 shall state that if the recipient wishes to have a court review a nondisclosure requirement1 the recipient shall notify the ,government4 7,c7 ,initiation of proceedings ,if a recipient of a request under subsection 7a7 makes a notification under subparagraph 7,b71 the ,government shall initiate judicial review under the procedures established in section #ceaa of this title1 unless an appropriate official of the ,federal ,bureau of the ,investigation makes a notification under paragraph 7#d74 7#d7 ,termination ,in the case of any request for which a recipient has submitted a notification under paragraph 7#c77;,b71 if the facts supporting a nondisclosure requirement cease to exist1 an appropriate official of the ,federal ,bureau of ,investigation shall promptly notify the wire or electronic service provider1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect4 4 7b7 ,identity of financial institutions and credit reports ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 is amended by striking subsection 7d7 and inserting the following3 7d7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under paragraph 7#c7 is provided1 no consumer reporting agency1 or officer1 employee1 or agent thereof1 that receives a request or order under subsection 7a71 7b71 or 7c71 shall disclose or specify in any consumer report1 that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under subsection 7a71 7b71 or 7c74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 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 office1 certifies that1 absent a prohibition of disclosure under this subsection1 there may result-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a consumer reporting agency1 or officer1 employee1 or agent thereof1 that receives a request or order under subsection 7a71 7b71 or 7c7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request or order2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request or order2 or 7iii7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,b7 ,persons necessary for compliance ,upon a request by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 those persons to whom disclosure will be made under subparagraph 7,a77i7 or to whom such disclosure was made before the request shall be identified to the ,director or the designee4 7,c7 ,nondisclosure requirement ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request or order is issued under subsection 7a71 7b71 or 7c7 in the same manner as the person to whom the request or order is issued4 7,d7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7#c7 ,right to judicial review 7,a7 ,in general ,a consumer reporting agency that receives a request or order under subsection 7a71 7b71 or 7c7 shall have the right to judicial review of any applicable nondisclosure requirement4 7,b7 ,notification ,a request or order under subsection 7a71 7b71 or 7c7 shall state that if the recipient wishes to have a court review a nondisclosure requirement1 the recipient shall notify the ,government4 7,c7 ,initiation of proceedings ,if a recipient of a request or order under subsection 7a71 7b71 or 7c7 makes a notification under subparagraph 7,b71 the ,government shall initiate judicial review under the procedures established in section #ceaa of title #ah1 ,united ,states ,code1 unless an appropriate official of the ,federal ,bureau of ,investigation makes a notification under paragraph 7#d74 7#d7 ,termination ,in the case of any request or order for which a consumer reporting agency has submitted a notification under paragraph 7#c77;,b71 if the facts supporting a nondisclosure requirement cease to exist1 an appropriate official of the ,federal ,bureau of ,investigation shall promptly notify the consumer reporting agency1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect4 4 7c7 ,disclosures to ,governmental agencies for counterterrorism purposes ,section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under paragraph 7#c7 is provided1 no consumer reporting agency1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a71 shall disclose to any person or specify in any consumer report1 that a government agency has sought or obtained access to information under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the head of a government agency authorized to conduct investigations of1 or intelligence or counterintelligence activities or analysis related to1 international terrorism1 or a designee1 certifies that1 absent a prohibition of disclosure under this subsection1 there may result-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a consumer reporting agency1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the head of the government agency authorized to conduct investigations of1 or intelligence or counterintelligence activities or analysis related to1 international terrorism1 or a designee4 7,b7 ,persons necessary for compliance ,upon a request by the head of a government agency authorized to conduct investigations of1 or intelligence or counterintelligence activities or analysis related to1 international terrorism1 or a designee1 those persons to whom disclosure will be made under subparagraph 7,a77i7 or to whom such disclosure was made before the request shall be identified to the head of the government agency or the designee4 7,c7 ,nondisclosure requirement ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 in the same manner as the person to whom the request is issued4 7,d7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7#c7 ,right to judicial review 7,a7 ,in general ,a consumer reporting agency that receives a request under subsection 7a7 shall have the right to judicial review of any applicable nondisclosure requirement4 7,b7 ,notification ,a request under subsection 7a7 shall state that if the recipient wishes to have a court review a nondisclosure requirement1 the recipient shall notify the government4 7,c7 ,initiation of proceedings ,if a recipient of a request under subsection 7a7 makes a notification under subparagraph 7,b71 the government shall initiate judicial review under the procedures established in section #ceaa of title #ah1 ,united ,states ,code1 unless an appropriate official of the government agency authorized to conduct investigations of1 or intelligence or counterintelligence activities or analysis related to1 international terrorism makes a notification under paragraph 7#d74 7#d7 ,termination ,in the case of any request for which a consumer reporting agency has submitted a notification under paragraph 7#c77;,b71 if the facts supporting a nondisclosure requirement cease to exist1 an appropriate official of the government agency authorized to conduct investigations of1 or intelligence or counterintelligence activities or analysis related to1 international terrorism shall promptly notify the consumer reporting agency1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect4 4 7d7 ,financial records ,section #aaad7;a77#e7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77 is amended by striking subparagraph 7,d7 and inserting the following3 7,d7 ,prohibition of certain disclosure 7i7 ,prohibition 7,i7 ,in general ,if a certification is issued under subclause 7,,ii7 and notice of the right to judicial review under clause 7iii7 is provided1 no financial institution1 or officer1 employee1 or agent thereof1 that receives a request under subparagraph 7,a71 shall disclose to any person that the ,federal ,bureau of ,investigation has sought or obtained access to information or records under subparagraph 7,a74 7,,ii7 ,certification ,the requirements of subclause 7,i7 shall apply if the ,director of the ,federal ,bureau of ,investigation1 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 office1 certifies that1 absent a prohibition of disclosure under this subparagraph1 there may result-- 7aa7 a danger to the national security of the ,united ,states2 7bb7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7cc7 interference with diplomatic relations2 or 7dd7 danger to the life or physical safety of any person4 7ii7 ,exception 7,i7 ,in general ,a financial institution1 or officer1 employee1 or agent thereof1 that receives a request under subparagraph 7,a7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7aa7 those persons to whom disclosure is necessary in order to comply with the request2 7bb7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7cc7 other persons as permitted by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director4 7,,ii7 ,persons necessary for compliance ,upon a request by the ,director of the ,federal ,bureau of ,investigation or the designee of the ,director1 those persons to whom disclosure will be made under subclause 7,i77aa7 or to whom such disclosure was made before the request shall be identified to the ,director or the designee4 7,,iii7 ,nondisclosure requirement ,a person to whom disclosure is made under subclause 7,i7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subparagraph 7,a7 in the same manner as the person to whom the request is issued4 7,,iv7 ,notice ,any recipient that discloses to a person described in subclause 7,i7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7iii7 ,right to judicial review 7,i7 ,in general ,a financial institution that receives a request under subparagraph 7,a7 shall have the right to judicial review of any applicable nondisclosure requirement4 7,,ii7 ,notification ,a request under subparagraph 7,a7 shall state that if the recipient wishes to have a court review a nondisclosure requirement1 the recipient shall notify the ,government4 7,,iii7 ,initiation of proceedings ,if a recipient of a request under subparagraph 7,a7 makes a notification under subclause 7,,ii71 the ,government shall initiate judicial review under the procedures established in section #ceaa of title #ah1 ,united ,states ,code1 unless an appropriate official of the ,federal ,bureau of ,investigation makes a notification under clause 7iv74 7iv7 ,termination ,in the case of any request for which a financial institution has submitted a notification under clause 7iii77,,ii71 if the facts supporting a nondisclosure requirement cease to exist1 an appropriate official of the ,federal ,bureau of ,investigation shall promptly notify the financial institution1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect4 4 7e7 ,requests by authorized investigative agencies ,section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb71 is amended by striking subsection 7b7 and inserting the following3 7b7 ,prohibition of certain disclosure 7#a7 ,prohibition 7,a7 ,in general ,if a certification is issued under subparagraph 7,b7 and notice of the right to judicial review under paragraph 7#c7 is provided1 no governmental or private entity1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a71 shall disclose to any person that an authorized investigative agency described in subsection 7a7 has sought or obtained access to information under subsection 7a74 7,b7 ,certification ,the requirements of subparagraph 7,a7 shall apply if the head of an authorized investigative agency described in subsection 7a71 or a designee1 certifies that1 absent a prohibition of disclosure under this subsection1 there may result-- 7i7 a danger to the national security of the ,united ,states2 7ii7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7iii7 interference with diplomatic relations2 or 7iv7 danger to the life or physical safety of any person4 7#b7 ,exception 7,a7 ,in general ,a governmental or private entity1 or officer1 employee1 or agent thereof1 that receives a request under subsection 7a7 may disclose information otherwise subject to any applicable nondisclosure requirement to-- 7i7 those persons to whom disclosure is necessary in order to comply with the request2 7ii7 an attorney in order to obtain legal advice or assistance regarding the request2 or 7iii7 other persons as permitted by the head of the authorized investigative agency described in subsection 7a74 7,b7 ,persons necessary for compliance ,upon a request by the head of an authorized investigative agency described in subsection 7a71 or a designee1 those persons to whom disclosure will be made under subparagraph 7,a77i7 or to whom such disclosure was made before the request shall be identified to the head of the authorized investigative agency or the designee4 7,c7 ,nondisclosure requirement ,a person to whom disclosure is made under subparagraph 7,a7 shall be subject to the nondisclosure requirements applicable to a person to whom a request is issued under subsection 7a7 in the same manner as the person to whom the request is issued4 7,d7 ,notice ,any recipient that discloses to a person described in subparagraph 7,a7 information otherwise subject to a nondisclosure requirement shall inform the person of the applicable nondisclosure requirement4 7#c7 ,right to judicial review 7,a7 ,in general ,a governmental or private entity that receives a request under subsection 7a7 shall have the right to judicial review of any applicable nondisclosure requirement4 7,b7 ,notification ,a request under subsection 7a7 shall state that if the recipient wishes to have a court review a nondisclosure requirement1 the recipient shall notify the ,government4 7,c7 ,initiation of proceedings ,if a recipient of a request under subsection 7a7 makes a notification under subparagraph 7,b71 the ,government shall initiate judicial review under the procedures established in section #ceaa of title #ah1 ,united ,states ,code1 unless an appropriate official of the authorized investigative agency described in subsection 7a7 makes a notification under paragraph 7#d74 7#d7 ,termination ,in the case of any request for which a governmental or private entity has submitted a notification under paragraph 7#c77;,b71 if the facts supporting a nondisclosure requirement cease to exist1 an appropriate official of the authorized investigative agency described in subsection 7a7 shall promptly notify the governmental or private entity1 or officer1 employee1 or agent thereof1 subject to the nondisclosure requirement that the nondisclosure requirement is no longer in effect4 4 #f4 ,judicial review of ,,fisa orders and national security letters 7a7 ,,fisa ,section #eja7;f77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;f77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i7-- 7i7 by striking a production order and inserting a production order or nondisclosure order2 and 7ii7 by striking ,not less than #a year and all that follows2 and 7,b7 in clause 7ii71 by striking production order or nondisclosure2 and 7#b7 in subparagraph 7,c7-- 7,a7 by striking clause 7ii72 and 7,b7 by redesignating clause 7iii7 as clause 7ii74 7b7 ,judicial review of national security letters ,section #ceaa7;b7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7b7 ,nondisclosure 7#a7 ,in general 7,a7 ,notice ,if a recipient of a request or order for a report1 records1 or other information under section #bgji of this title1 section #fbf or #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau and #afhav71 section #aaad of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad71 or section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb71 wishes to have a court review a nondisclosure requirement imposed in connection with the request or order1 the recipient shall notify the ,government4 7,b7 ,application ,not later than #cj days after the date of receipt of a notification under subparagraph 7,a71 the ,government shall apply for an order prohibiting the disclosure of the existence or contents of the relevant request or order4 ,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 conducted4 ,the applicable nondisclosure requirement shall remain in effect during the pendency of proceedings relating to the requirement4 7,c7 ,consideration ,a district court of the ,united ,states that receives an application under subparagraph 7,b7 should rule expeditiously1 and shall1 subject to paragraph 7#c71 issue a nondisclosure order that includes conditions appropriate to the circumstances4 7#b7 ,application contents ,an application for a nondisclosure order or extension thereof under this subsection shall include a certification from the ,attorney ,general1 ,deputy ,attorney ,general1 an ,assistant ,attorney ,general1 or the ,director of the ,federal ,bureau of ,investigation1 or in the case of a request by a department1 agency1 or instrumentality of the ,federal ,government other than the ,department of ,justice1 the head or deputy head of the department1 agency1 or instrumentality1 containing a statement of specific facts indicating that1 absent a prohibition of disclosure under this subsection1 there may result-- 7,a7 a danger to the national security of the ,united ,states2 7,b7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7,c7 interference with diplomatic relations2 or 7,d7 danger to the life or physical safety of any person4 7#c7 ,standard ,a district court of the ,united ,states shall issue a nondisclosure requirement order or extension thereof under this subsection if the court determines1 giving substantial weight to the certification under paragraph 7#b71 that there is reason to believe that disclosure of the information subject to the nondisclosure requirement during the applicable time period will result in-- 7,a7 a danger to the national security of the ,united ,states2 7,b7 interference with a criminal1 counterterrorism1 or counterintelligence investigation2 7,c7 interference with diplomatic relations2 or 7,d7 danger to the life or physical safety of any person4 4 7c7 ,minimization ,section #eja7;g77#a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7;g77#a77 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 section1 a judge may assess compliance with the minimization procedures by reviewing the circumstances under which information concerning ,united ,states persons was retained or disseminated44 #g4 ,certification for access to telephone toll and transactional records 7a7 ,in general ,section #bgji of title #ah1 ,united ,states ,code1 as amended by this ,act1 is amended-- 7#a7 by striking subsection 7e72 7#b7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,written statement ,the ,director of the ,federal ,bureau of ,investigation1 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 ,director1 may make a certification under subsection 7b7 only upon a written statement1 which shall be retained by the ,federal ,bureau of ,investigation1 of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection 7b74 4 7b7 ,identity of financial institutions and credit reports ,section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau71 as amended by this ,act1 is amended-- 7#a7 by striking subsection 7h72 7#b7 by redesignating subsections 7d71 7e71 7f71 and 7g7 as subsections 7e71 7f71 7g71 and 7h71 respectively2 and 7#c7 by inserting after subsection 7c7 the following3 7d7 ,written statement ,the ,director of the ,federal ,bureau of ,investigation1 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 ,director1 may make a certification under subsection 7a7 or 7b7 only upon a written statement1 which shall be retained by the ,federal ,bureau of ,investigation1 of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection 7a7 or 7b71 as the case may be4 4 7c7 ,disclosures to ,governmental agencies for counterterrorism purposes ,section #fbg7;b7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7b77 is amended-- 7#a7 in the subsection heading1 by striking ,form of certification and inserting ,certification2 7#b7 by striking ,the certification and inserting the following3 7#a7 ,form of certification ,the certification 2 and 7#c7 by adding at the end the following3 7#b7 ,written statement ,a supervisory official or officer described in paragraph 7#a7 may make a certification under subsection 7a7 only upon a written statement1 which shall be retained by the government agency1 of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subsection 7a74 4 7d7 ,financial records ,section #aaad7;a77#e7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e771 as amended by this ,act1 is amended-- 7#a7 by striking subparagraph 7,c72 7#b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7#c7 by inserting after subparagraph 7,a7 the following3 7,b7 ,the ,director of the ,federal ,bureau of ,investigation1 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 ,director1 may make a certification under subparagraph 7,a7 only upon a written statement1 which shall be retained by the ,federal ,bureau of ,investigation1 of specific facts showing that there are reasonable grounds to believe that the information sought is relevant to the authorized investigation described in subparagraph 7,a74 4 7e7 ,requests by authorized investigative agencies ,section #hjb7;a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7;a77 is amended by adding at the end the following3 7#d7 ,a department or agency head1 deputy department or agency head1 or senior official described in paragraph 7#c77;,a7 may make a certification under paragraph 7#c77;,a7 only upon a written statement1 which shall be retained by the authorized investigative agency1 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 7#c77;,a77ii74 4 7f7 ,technical and conforming amendments 7#a7 ,obstruction of criminal investigations ,section #aeaj7;e7 of title #ah1 ,united ,states ,code1 is amended by striking section #bgji7;c77#a7 of this title1 section #fbf7;d77#a7 or #fbg7;c77#a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7d77#a7 or #afhav7c77#a771 section #aaad7;a77#c77;,a7 or #aaad7;a77#e77;,d77i7 of the ,right to ,financial ,privacy ,act 7#ab ,u4,s4,c4 #cdad7;a77#c77;,a7 or #cdad7;a77#e77;,d77i771 or section #hjb7;b77#a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #djc7;b77#a77 and inserting section #bgji7;d77#a7 of this title1 section #fbf7;e77#a7 or #fbg7;c77#a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7e77#a7 and #afhav7c77#a771 section #aaad7;a77#c77;,a7 or #aaad7;a77#e77;,d77i7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#c77;,a7 or #cdad7;a77#e77;,d77i771 or section #hjb7;b77#a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7;b77#a774 7#b7 ,semiannual reports ,section #ejg7;b7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dae;b7b77 is amended to read as follows3 7b7 ,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 7#ah ,u4,s4,c4 ,app471 as required by section #ac of that ,act1 shall be the dates each year provided in subsection 7c77#b74 4 #h4 ,public reporting on national security letters 7a7 ,in general ,section #aah7;c7 of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7#ah ,u4,s4,c4 #ceaa note7 is amended to read as follows3 7c7 ,reports on requests for national security letters 7#a7 ,definitions ,in this subsection-- 7,a7 the term applicable period means-- 7i7 with respect to the first report submitted under paragraph 7#b7 or 7#c71 the period beginning #ahj days after the date of enactment of the ,,fisa ,accountability and ,privacy ,protection ,act of #bjac and ending on ,december #ca1 #bjac2 and 7ii7 with respect to the second report submitted under paragraph 7#b7 or 7#c71 and each report thereafter1 the #f-month period ending on the last day of the second month before the date for submission of the report2 and 7,b7 the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7#b7 ,classified form 7,a7 ,in general ,not later than ,march #a1 #bjad1 and every #f months thereafter1 the ,attorney ,general shall submit to the ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,permanent ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,financial ,services of the ,house of ,representatives a report fully informing the committees concerning the requests made under section #bgji7;a7 of title #ah1 ,united ,states ,code1 section #aaad7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a771 section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau71 section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav71 or section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 during the applicable period4 7,b7 ,contents ,each report under subparagraph 7,a7 shall include1 for each provision of law described in subparagraph 7,a7-- 7i7 the number of authorized requests under the provision1 including requests for subscriber information2 and 7ii7 the number of authorized requests under the provision-- 7,i7 that relate to a ,united ,states person2 7,,ii7 that relate to a person that is not a ,united ,states person2 7,,iii7 that relate to a person that is-- 7aa7 the subject of an authorized national security investigation2 or 7bb7 an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation2 and 7,,iv7 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 investigation4 7#c7 ,unclassified form 7,a7 ,in general ,not later than ,march #a1 #bjad1 and every #f months thereafter1 the ,attorney ,general shall submit to the ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate and the ,permanent ,select ,committee on ,intelligence1 the ,committee on the ,judiciary1 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 7#b7 during the applicable period4 ,each report under this subparagraph shall be in unclassified form4 7,b7 ,contents ,each report under subparagraph 7,a7 shall include the aggregate total of requests-- 7i7 that relate to a ,united ,states person2 7ii7 that relate to a person that is not a ,united ,states person2 7iii7 that relate to a person that is-- 7,i7 the subject of an authorized national security investigation2 or 7,,ii7 an individual who has been in contact with or otherwise directly linked to the subject of an authorized national security investigation2 and 7iv7 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 investigation4 4 7b7 ,technical and conforming amendment ,section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 is amended by striking subsection 7f74 #i4 ,public reporting on the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,in general ,title ,,vi of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahga7 is amended by adding at the end the following3 #fjb4 ,annual unclassified report ,not later than ,december #ca1 #bjad1 and every year thereafter1 the ,attorney ,general1 in consultation with the ,director of ,national ,intelligence1 and with due regard for the protection of classified information from unauthorized disclosure1 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 used1 including the impact of the use of the authorities under this ,act on the privacy of ,united ,states persons 7as defined in section #aja74 4 7b7 ,technical and conforming amendment ,the table of contents in the first section of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq47 is amended by inserting after the item relating to section #fja the following3 ,sec4 #fjb4 ,annual unclassified report4 4 #aj4 ,audits 7a7 ,tangible things ,section #ajf;,a of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #abj ,stat4 #bjj7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting and calendar years #bjaj through #bjac after #bjjf2 7,b7 by striking paragraphs 7#b7 and 7#c72 7,c7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,d7 in paragraph 7#c71 as so redesignated-- 7i7 by striking subparagraph 7,c7 and inserting the following3 7,c7 with respect to calendar years #bjaj through #bjac1 an examination of the minimization procedures used in relation to orders under section #eja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa7 and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons4 2 and 7ii7 in subparagraph 7,d71 by striking 7as such term is defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja;a7#d7772 7#b7 in subsection 7c71 by adding at the end the following3 7#c7 ,calendar years #bjaj and #bjaa ,not later than ,january #a1 #bjad1 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 7a7 for calendar years #bjaj and #bjaa4 7#d7 ,calendar years #bjab and #bjac ,not later than ,january #a1 #bjae1 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 7a7 for calendar years #bjab and #bjac4 2 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 7#d7 by inserting after subsection 7c7 the following3 7d7 ,intelligence assessment 7#a7 ,in general ,for the period beginning on ,january #a1 #bjaj and ending on ,december #ca1 #bjac1 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 #aigh 7#ej ,u4,s4,c4 #ahfa et seq47 in the intelligence activities of the element of the intelligence community shall-- 7,a7 assess the importance of the information to the intelligence activities of the element of the intelligence community2 7,b7 examine the manner in which that information was collected1 retained1 analyzed1 and disseminated by the element of the intelligence community2 7,c7 describe any noteworthy facts or circumstances relating to orders under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh as the orders relate to the element of the intelligence community2 and 7,d7 examine any minimization procedures used by the element of the intelligence community under title ,v of the ,foreign ,intelligence ,surveillance ,act of #aigh and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons4 7#b7 ,submission dates for assessment 7,a7 ,calendar years #bjaj and #bjaa ,not later than ,january #a1 #bjad1 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 #bjaj and #bjaa4 7,b7 ,calendar years #bjab and #bjac ,not later than ,january #a1 #bjae1 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 #bjab and #bjac4 2 7#e7 in subsection 7e71 as redesignated by paragraph 7#c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking a report under subsection 7c77#a7 or 7c77#b7 and inserting any report under subsection 7c7 or 7d72 and 7ii7 by inserting and any ,inspector ,general of an element of the intelligence community that submits a report under this section after ,justice2 and 7,b7 in paragraph 7#b71 by striking the reports submitted under subsection 7c77#a7 and 7c77#b7 and inserting any report submitted under subsection 7c7 or 7d72 7#f7 in subsection 7f71 as redesignated by paragraph 7#c7-- 7,a7 by striking ,the reports submitted under subsections 7c77#a7 and 7c77#b7 and inserting ,each report submitted under subsection 7c72 and 7,b7 by striking subsection 7d77#b7 and inserting subsection 7e77#b72 and 7#g7 by adding at the end the following3 7g7 ,definitions ,in this section-- 7#a7 the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc72 and 7#b7 the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 4 7b7 ,national security letters ,section #aai of the ,,usa ,,patriot ,improvement and ,reauthorization ,act of #bjje 7,public ,law #aji-agg2 #abj ,stat4 #bai7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting and calendar years #bjaj through #bjac after #bjjf2 and 7,b7 in paragraph 7#c77;,c71 by striking 7as such term is defined in section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dja;a7#d7772 7#b7 in subsection 7c71 by adding at the end the following3 7#c7 ,calendar years #bjaj and #bjaa ,not later than ,january #a1 #bjad1 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 7a7 for calendar years #bjaj and #bjaa4 7#d7 ,calendar years #bjab and #bjac ,not later than ,january #a1 #bjae1 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 7a7 for calendar years #bjab and #bjac4 2 7#c7 by striking subsection 7g7 and inserting the following3 7h7 ,definitions ,in this section-- 7#a7 the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc72 7#b7 the term national security letter means a request for information under-- 7,a7 section #bgji7;a7 of title #ah1 ,united ,states ,code 7to access certain communication service provider records72 7,b7 section #aaad7;a77#e77;,a7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdad7;a77#e77;,a77 7to obtain financial institution customer records72 7,c7 section #hjb of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb7 7to obtain financial information1 records1 and consumer reports72 7,d7 section #fbf of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhau7 7to obtain certain financial information and consumer reports72 or 7,e7 section #fbg of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afhav7 7to obtain credit agency consumer records for counterterrorism investigations72 and 7#c7 the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 2 7#d7 by redesignating subsections 7d71 7e71 and 7f7 as subsections 7e71 7f71 and 7g71 respectively2 7#e7 by inserting after subsection 7c7 the following3 7d7 ,intelligence assessment 7#a7 ,in general ,for the period beginning on ,january #a1 #bjaj and ending on ,december #ca1 #bjac1 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-- 7,a7 examine the use of national security letters by the element of the intelligence community during the period2 7,b7 describe any noteworthy facts or circumstances relating to the use of national security letters by the element of the intelligence community1 including any improper or illegal use of such authority2 7,c7 assess the importance of information received under the national security letters to the intelligence activities of the element of the intelligence community2 and 7,d7 examine the manner in which information received under the national security letters was collected1 retained1 analyzed1 and disseminated4 7#b7 ,submission dates for assessment 7,a7 ,calendar years #bjaj and #bjaa ,not later than ,january #a1 #bjad1 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 #bjaj and #bjaa4 7,b7 ,calendar years #bjab and #bjac ,not later than ,january #a1 #bjae1 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 #bjab and #bjac4 2 7#f7 in subsection 7e71 as redesignated by paragraph 7#d7-- 7,a7 in paragraph 7#a7-- 7i7 by striking a report under subsection 7c77#a7 or 7c77#b7 and inserting any report under subsection 7c7 or 7d72 and 7ii7 by inserting and any ,inspector ,general of an element of the intelligence community that submits a report under this section after ,justice2 and 7,b7 in paragraph 7#b71 by striking the reports submitted under subsection 7c77#a7 or 7c77#b7 and inserting any report submitted under subsection 7c7 or 7d72 and 7#g7 in subsection 7f71 as redesignated by paragraph 7#d7-- 7,a7 by striking ,the reports submitted under subsections 7c77#a7 or 7c77#b7 and inserting ,each report submitted under subsection 7c72 and 7,b7 by striking subsection 7d77#b7 and inserting subsection 7e77#b74 7c7 ,pen registers and trap and trace devices 7#a7 ,audits ,the ,inspector ,general of the ,department of ,justice shall perform comprehensive audits of the effectiveness and use1 including any improper or illegal use1 of pen registers and trap and trace devices under title ,,iv of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda et seq47 during the period beginning on ,january #a1 #bjaj and ending on ,december #ca1 #bjac4 7#b7 ,requirements ,the audits required under paragraph 7#a7 shall include-- 7,a7 an examination of the use of pen registers and trap and trace devices under title ,,iv of the ,foreign ,intelligence ,surveillance ,act of #aigh for calendar years #bjaj through #bjac2 7,b7 an examination of the installation and use of a pen register or trap and trace device on emergency bases under section #djc of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahdc72 7,c7 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 #aigh1 including any improper or illegal use of the authority provided under that title2 and 7,d7 an examination of the effectiveness of the authority under title ,,iv of the ,foreign ,intelligence ,surveillance ,act of #aigh as an investigative tool1 including-- 7i7 the importance of the information acquired to the intelligence activities of the ,federal ,bureau of ,investigation2 7ii7 the manner in which the information is collected1 retained1 analyzed1 and disseminated by the ,federal ,bureau of ,investigation1 including any direct access to the information provided to any other department1 agency1 or instrumentality of ,federal1 ,state1 local1 or tribal governments or any private sector entity2 7iii7 with respect to calendar years #bjab and #bjac1 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 #aigh and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons2 7iv7 whether1 and how often1 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 #aigh to produce an analytical intelligence product for distribution within the ,federal ,bureau of ,investigation1 to the intelligence community1 or to another department1 agency1 or instrumentality of ,federal1 ,state1 local1 or tribal governments2 and 7v7 whether1 and how often1 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 #aigh to law enforcement authorities for use in criminal proceedings4 7#c7 ,submission dates 7,a7 ,calendar years #bjaj and #bjaa ,not later than ,january #a1 #bjad1 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 7#a7 for calendar years #bjaj and #bjaa4 7,b7 ,calendar years #bjab and #bjac ,not later than ,january #a1 #bjae1 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 7#a7 for calendar years #bjab and #bjac4 7#d7 ,intelligence assessment 7,a7 ,in general ,for the period beginning ,january #a1 #bjaj and ending on ,december #ca1 #bjac1 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 #aigh in the intelligence activities of the element of the intelligence community shall-- 7i7 assess the importance of the information to the intelligence activities of the element of the intelligence community2 7ii7 examine the manner in which the information was collected1 retained1 analyzed1 and disseminated2 7iii7 describe any noteworthy facts or circumstances relating to orders under title ,,iv of the ,foreign ,intelligence ,surveillance ,act of #aigh as the orders relate to the element of the intelligence community2 and 7iv7 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 #aigh and whether the minimization procedures adequately protect the constitutional rights of ,united ,states persons4 7,b7 ,submission dates for assessment 7i7 ,calendar years #bjaj and #bjaa ,not later than ,january #a1 #bjad1 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 #bjaj and #bjaa4 7ii7 ,calendar years #bjab and #bjac ,not later than ,january #a1 #bjae1 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 #bjab and #bjac4 7#e7 ,prior notice to attorney general and director of national intelligence2 comments 7,a7 ,notice ,not later than #cj days before the submission of any report under paragraph 7#c7 or 7#d71 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 ,intelligence4 7,b7 ,comments ,the ,attorney ,general or the ,director of ,national ,intelligence may provide such comments to be included in any report submitted under paragraph 7#c7 or 7#d7 as the ,attorney ,general or the ,director of ,national ,intelligence may consider necessary4 7#f7 ,unclassified form ,each report submitted under paragraph 7#c7 and any comments included in that report under paragraph 7#e77;,b7 shall be in unclassified form1 but may include a classified annex4 7d7 ,definitions ,in this section-- 7#a7 the terms ,attorney ,general1 foreign intelligence information1 and ,united ,states person have the meanings given those terms in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja72 7#b7 the term intelligence community has the meaning given that term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc72 7#c7 the term minimization procedures has the meaning given that term in section #dja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahda71 as amended by this ,act2 and 7#d7 the terms pen register and trap and trace device have the meanings given those terms in section #cabg of title #ah1 ,united ,states ,code4 #aa4 ,delayed notice search warrants ,section #cajc;a7b77#c7 of title #ah1 ,united ,states ,code1 is amended by striking #cj days and inserting #g days4 #ab4 ,inspector ,general reviews 7a7 ,agency assessments ,section #gjb7l77#b7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7l77#b77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking authorized to acquire foreign intelligence information under subsection 7a7 and inserting with targeting or minimization procedures approved under this section2 7#b7 in subparagraph 7,c71 by inserting ,united ,states persons or after later determined to be2 and 7#c7 in subparagraph 7,d7-- 7,a7 in the matter preceding clause 7i71 by striking such review and inserting review conducted under this paragraph2 7,b7 in clause 7ii71 by striking and at the end2 7,c7 by redesignating clause 7iii7 as clause 7iv72 and 7,d7 by inserting after clause 7ii71 the following3 7iii7 the ,inspector ,general of the ,intelligence ,community2 and 4 7b7 ,inspector ,general of the ,intelligence ,community review ,section #gjb7l7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7l77 is amended-- 7#a7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 ,inspector ,general of the ,intelligence ,community review 7,a7 ,in general ,the ,inspector ,general of the ,intelligence ,community is authorized to review the acquisition1 use1 and dissemination of information acquired under subsection 7a7 in order to review compliance with the targeting and minimization procedures adopted in accordance with subsections 7d7 and 7e7 and the guidelines adopted in accordance with subsection 7f71 and in order to conduct the review required under subparagraph 7,b74 7,b7 ,mandatory review ,the ,inspector ,general of the ,intelligence ,community shall review the procedures and guidelines developed by the intelligence community to implement this section1 with respect to the protection of the privacy rights of ,united ,states persons1 including-- 7i7 an evaluation of the limitations outlined in subsection 7b71 the procedures approved in accordance with subsections 7d7 and 7e71 and the guidelines adopted in accordance with subsection 7f71 with respect to the protection of the privacy rights of ,united ,states persons2 and 7ii7 an evaluation of the circumstances under which the contents of communications acquired under subsection 7a7 may be searched in order to review the communications of particular ,united ,states persons4 7,c7 ,consideration of other reviews and assessments ,in conducting a review under subparagraph 7,b71 the ,inspector ,general of the ,intelligence ,community should take into consideration1 to the extent relevant and appropriate1 any reviews or assessments that have been completed or are being undertaken under this section4 7,d7 ,report ,not later than ,december #ca1 #bjad1 the ,inspector ,general of the ,intelligence ,community shall submit a report regarding the reviews conducted under this paragraph to-- 7i7 the ,attorney ,general2 7ii7 the ,director of ,national ,intelligence2 and 7iii7 consistent with the ,rules of the ,house of ,representatives1 the ,standing ,rules of the ,senate1 and ,senate ,resolution #djj of the #idth ,congress or any successor ,senate resolution-- 7,i7 the congressional intelligence committees2 and 7,,ii7 the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives4 7,e7 ,public reporting of findings and conclusions ,in a manner consistent with the protection of the national security of the ,united ,states1 and in unclassified form1 the ,inspector ,general of the ,intelligence ,community shall make publicly available a summary of the findings and conclusions of the review conducted under subparagraph 7,b74 4 7c7 ,annual reviews ,section #gjb7l77#d77;,a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7l77#d77;,a771 as redesignated by subsection 7b77#a71 is amended-- 7#a7 in the matter preceding clause 7i7-- 7,a7 in the first sentence-- 7i7 by striking conducting an acquisition authorized under subsection 7a7 and inserting with targeting or minimization procedures approved under this section2 and 7ii7 by striking the acquisition and inserting acquisitions under subsection 7a72 and 7,b7 in the second sentence1 by striking ,the annual review and inserting ,as applicable1 the annual review2 and 7#b7 in clause 7iii71 by inserting ,united ,states persons or after later determined to be4 #ac4 ,electronic surveillance ,section #aje7;c77#a77;,a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahje7;c77#a77;,a77 is amended by inserting with particularity after description4 #ad4 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or the application of the provision to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provisions of this ,act and the amendments made by this ,act to any other person or circumstance1 shall not be affected thereby4 #ae4 ,offset ,of the unobligated balances available in the ,department of ,justice ,assets ,forfeiture ,fund established under section #ebd7;c77#a7 of title #bh1 ,united ,states ,code1 #e1jjj1jjj are permanently rescinded and shall be returned to the general fund of the ,treasury4 #af4 ,effective date ,the amendments made by sections #c1 #d1 #e1 #f1 #g1 and #aa shall take effect on the date that is #abj days after the date of enactment of this ,act4