Sec. 501. National security letter authority

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Section 2709(b) of title 18, United States Code, is amended by amending paragraphs

(1)and

(2)to read as follows: request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director (or the Director's designee) certifies in writing to the wire or electronic communication service provider to which the request is made that— the name, address, length of service, and toll billing records sought are relevant 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 specific and articulable facts showing that 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; are relevant to the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or pertain to an individual in contact with, or known to, a suspected agent; and request the name, address, and length of service of a person or entity if the Director (or the Director's designee) certifies in writing to the wire or electronic communication service provider to which the request is made that— the information sought is relevant 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 upon the basis of activities protected by the first amendment to the Constitution of the United States; and there are specific and articulable facts showing that there are reasonable grounds to believe that the information sought pertains 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. . 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, or the Director of the United States Secret Service may issue in writing and cause to be served on a financial institution, a National Security Letter 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 institution to the customer; and any account number or other unique identifier associated with a customer of the financial institution. A National Security Letter issued under this subsection may not require the production of records or information not listed in paragraph (1). A National Security Letter issued under subsection

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

(b)through

(f)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; in the case of a National Security Letter issued by the Director of the Federal Bureau of Investigation or the Director's designee, include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought— are relevant to an authorized investigation (other than a threat assessment) to obtain foreign intelligence information not concerning a United States person or to 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; and in the case of a National Security Letter issued by the Director of the United States Secret Service, include a statement of facts showing that there are reasonable grounds to believe that the records or other things sought are relevant to the conduct of the protective functions of the United States Secret Service. On a semiannual basis the Director of the Federal Bureau of Investigation and the Director of the United States Secret Service shall fully inform 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, concerning all requests made under subsection (a). For purposes of this subsection, the terms agent of a foreign power , international terrorism , foreign intelligence information , 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 ). financial institution 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 the section heading and inserting the following: ; by striking subsections

(a)through

(d)and inserting the following: 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 National Security Letter 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 National Security Letter issued under this subsection may not require the production of a consumer report. A National Security Letter issued under subsection

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

(b)through

(f)through (h); and by redesignating subsections

(e)and

(i)through

(m)as subsections

(c)through (h), respectively. Section 627 of the Fair Credit Reporting Act ( 15 U.S.C. 1681v ) is repealed. The table of sections for the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) is amended by striking the items relating to sections 626 and 627 and inserting the following: 626. National Security Letters for certain consumer report records. 627. [Repealed]. . Section 1109 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3409 ) is amended by striking subsection (c). Title 18, United States Code, is amended— in section 1510(e), by striking section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act ( and inserting 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)), section 626 of the Fair Credit Reporting Act ( ; and 15 U.S.C. 1681u ), section 1114 of the Right to Financial Privacy Act of 1978 ( 12 U.S.C. 3414 ), in section 3511— by striking section 1114(a)(5)(A) of the Right to Financial Privacy Act, each place that term appears and inserting section 1114 of the Right to Financial Privacy Act of 1978 ( ; and 12 U.S.C. 3414 ), by striking or section 627(a) each place that term appears. Section 507(b) of the National Security Act of 1947 ( 50 U.S.C. 3106(b) ) is amended— in paragraph (2), by striking section 626(h)(2) of the Fair Credit Reporting Act ( and inserting 15 U.S.C. 1681u(h)(2) ). section 626(b)(2) of the Fair Credit Reporting Act ( ; and 15 U.S.C. 1681u(b)(2) ). in paragraph (3), by striking section 1114(a)(5)(C) of the Right to Financial Privacy Act of 1978 ( and inserting 12 U.S.C. 3414(a)(5)(C) ). section 1114(b)(2) of the Right to Financial Privacy Act of 1978 ( . 12 U.S.C. 3414(b)(2) ). Section 118 of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 18 U.S.C. 3511 note) is amended— in subsection (c)(1)— in subparagraph (C), by inserting and at the end; in subparagraph (D), by striking ; and and inserting a period; and by striking subparagraph (E); and in subsection (d)— in paragraph (2), by striking Section 1114(a)(5)(A) of the Right to Financial Privacy Act ( and inserting 12 U.S.C. 3414(a)(5)(A) ) Section 1114 of the Right to Financial Privacy Act of 1978 ( ; and 12 U.S.C. 3414 ) by striking paragraph (5). Section 119(g) of the USA PATRIOT Improvement and Reauthorization Act of 2005 ( Public Law 109–177 ; 120 Stat. 219) is amended— in paragraph (2), by striking Section 1114(a)(5)(A) of the Right to Financial Privacy Act ( and inserting 12 U.S.C. 3414(a)(5)(A) ) Section 1114 of the Right to Financial Privacy Act of 1978 ( ; and 12 U.S.C. 3414 ) by striking paragraph (5).

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