Bills Sec. 501 — National security letter authority

Section 2709 of title 18, United States Code, is amended— in subsection (b)— by striking may— and all that follows through the period at the end and inserting the following: may request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or his designee) certifies in writing to the wire or electronic communication service provider to which the request is made that— ; and by adding at the end the following new paragraphs: the name, address, length of service, and toll billing records sought are relevant and material to an authorized investigation to protect against international terrorism or clandestine intelligence activities, provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States; and there are reasonable grounds to believe that the name, address, length of service, and toll billing records sought pertain to— a foreign power or agent of a foreign power; the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or an individual in contact with, or known to, a suspected agent of a foreign power. ; and by adding at the end the following new subsection:

For purposes of this subsection, the terms agent of a foreign power , foreign power , international terrorism , and United States person have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). . Section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ) is amended to read as follows: 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 Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a financial institution, a request requiring the production of— the name of a customer of the financial institution; the address of a customer of the financial institution; the length of time during which a person has been, or was, a customer of the financial institution (including the start date) and the type of service provided by the financial institution to the customer; and any account number or other unique identifier associated with a customer of the financial institution.

A request issued under this subsection may not require the production of records or information not listed in paragraph (1). A request issued under subsection

(a)shall— be subject to the requirements of subsections

(d)through

(g)of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought— are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to— obtain foreign intelligence information not concerning a United States person; or protect against international terrorism or clandestine intelligence activities; and pertain to— a foreign power or an agent of a foreign power; the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or an individual in contact with, or known to, a suspected agent of a foreign power. For purposes of this subsection, the terms agent of a foreign power , foreign intelligence information , foreign power , international terrorism , and United States person have the same meanings as in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). For purposes of this section (and sections 1115 and 1117, insofar as the sections relate to the operation of this section), the term financial institution has the same meaning as in subsections (a)(2) and (c)(1) of section 5312 of title 31, United States Code, except that the term shall include only a financial institution any part of which is located inside any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or the United States Virgin Islands. . Section 626 of the Fair Credit Reporting Act ( 15 U.S.C. 1681u ) is amended— by striking subsections

(a)through

(c)and inserting the following new subsections: 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 Special Agent in Charge in a Bureau field office, may issue in writing and cause to be served on a consumer reporting agency a request requiring the production of— the name of a consumer; the current and former address of a consumer; the current and former places of employment of a consumer; and the name and address of any financial institution (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3401 )) at which a consumer maintains or has maintained an account, to the extent that the information is in the files of the consumer reporting agency. A request issued under this subsection may not require the production of a consumer report. A request issued under subsection

(a)shall— be subject to the requirements of subsections

(d)through

(g)of section 2709 of title 18, United States Code, in the same manner and to the same extent as those provisions apply with respect to a request under section 2709(b) of title 18, United States Code, to a wire or electronic communication service provider; and include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought— are relevant and material to an authorized investigation (other than a threat assessment and provided that such an investigation of a United States person is not conducted solely on the basis of activities protected by the First Amendment to the Constitution of the United States) to— obtain foreign intelligence information not concerning a United States person; or protect against international terrorism or clandestine intelligence activities; and pertain to— a foreign power or an agent of a foreign power; the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or an individual in contact with, or known to, a suspected agent of a foreign power. In this subsection, the terms agent of a foreign power , foreign intelligence information , foreign power , international terrorism , and United States person have the meaning given such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ). ; by striking subsections

(f)through (h); and by redesignating subsections (d), (e), (i), (j), (k), (l), and

(m)as subsections (c), (d), (e), (f), (g), (h), and (i), respectively. Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v ) is repealed.

Sec. 501. National security letter authority