I 

111TH CONGRESS 

1ST SESSION H. R. 3845 

To extend and modify authorities needed to combat terrorism and protect 

civil liberties, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 20, 2009 

Mr. CONYERS (for himself, Mr. NADLER of New York, Mr. SCOTT of Virginia, 

Mr. COHEN, Ms. HARMAN, Ms. JACKSON-LEE of Texas, and Mr. JOHNSON of Georgia) introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Permanent Select 

Committee on Intelligence and Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To extend and modify authorities needed to combat terrorism 

and protect civil liberties, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘USA PATRIOT Amendments Act of 2009’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—USA PATRIOT ACT RELATED AMENDMENTS 

Sec. 101. Roving wiretaps. 

Sec. 102. Extension of sunset of sections 206 and 215 of USA PATRIOT Act. 

Sec. 103. Access to certain tangible things under section 501 of the Foreign 

Intelligence Surveillance Act of 1978. 

Sec. 104. Sunset relating to individual terrorists as agents of foreign powers. 

Sec. 105. Audits. 

Sec. 106. Criminal ‘‘sneak and peak’’ searches. 

Sec. 107. Use of pen registers and trap and trace devices under title 18, United 

States Code. 

Sec. 108. Orders for pen registers and trap and trace devices for foreign intelligence purposes. 

Sec. 109. Public reporting on the Foreign Intelligence Surveillance Act of 1978. 

Sec. 110. Challenges to nationwide orders for electronic evidence. 

TITLE II—NATIONAL SECURITY LETTER REFORM 

Sec. 201. Short title. 

Sec. 202. Sunset. 

Sec. 203. National security letter defined. 

Sec. 204. Modification of standard. 

Sec. 205. Notification of right to judicial review of nondisclosure order. 

Sec. 206. Disclosure for law enforcement purposes. 

Sec. 207. Judicial review of national security letter nondisclosure order. 

Sec. 208. Minimization Procedures. 

1 TITLE I—USA PATRIOT ACT 

2 RELATED AMENDMENTS 

3 SEC. 101. ROVING WIRETAPS. 

4 The Foreign Intelligence Surveillance Act of 1978 

5 (50 U.S.C. 1801 et seq.) is amended— 

6 (1) in section 104(a)(2), by striking ‘‘electronic 

7 surveillance’’ and inserting ‘‘electronic surveillance 

8 sufficient to allow a judge to determine that the tar9 get is a single individual’’; and 

10 (2) in section 105(a)— 

11 (A) in paragraph (3), by striking ‘‘and’’; 

12 (B) in paragraph (4), by striking the pe13 riod and inserting ‘‘; and’’; and 


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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(5) the identity or description of the specific 

4 target of electronic surveillance included in the ap5 plication pursuant to section 104(a)(2) is sufficient 

6 to allow the judge to determine that the target is a 

7 single individual.’’. 

8 SEC. 102. EXTENSION OF SUNSET OF SECTIONS 206 AND 215 

9 OF USA PATRIOT ACT. 

10 Section 102(b)(1) of the USA PATRIOT Improve11 ment and Reauthorization Act of 2005 (18 U.S.C. 2510 

12 note) is amended by striking ‘‘December 31, 2009’’ and 

13 inserting ‘‘December 31, 2013’’. 

14 SEC. 103. ACCESS TO CERTAIN TANGIBLE THINGS UNDER 

15 SECTION 501 OF THE FOREIGN INTEL16 LIGENCE SURVEILLANCE ACT OF 1978. 

17 (a) FACTUAL BASIS FOR AND ISSUANCE OF OR18 DERS.— 

19 (1) IN GENERAL.—Section 501 of the Foreign 

20 Intelligence Surveillance Act of 1978 (50 U.S.C. 

21 1861) is amended— 

22 (A) in the section heading, by striking 

23 ‘‘CERTAIN BUSINESS RECORDS’’ and insert24 ing ‘‘TANGIBLE THINGS’’; and 


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1 (B) in subsection (b)(2)(A), by striking ‘‘a 

2 statement of facts’’ and inserting ‘‘a statement 

3 of specific and articulable facts’’. 

4 (2) TECHNICAL AND CONFORMING AMEND5 MENTS.— 

6 (A) TITLE HEADING.—Title V of the For7 eign Intelligence Surveillance Act of 1978 (50 

8 U.S.C. 1861 et seq.) is amended in the title 

9 heading by striking ‘‘CERTAIN BUSINESS 

10 RECORDS’’ and inserting ‘‘TANGIBLE 

11 THINGS’’. 

12 (B) TABLE OF CONTENTS.—The table of 

13 contents in the first section of the Foreign In14 telligence Surveillance Act of 1978 (50 U.S.C. 

15 1801 et seq.) is amended by striking the items 

16 relating to title V and section 501 and inserting 

17 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.’’. 

18 (b) JUDICIAL REVIEW OF FISA ORDERS.—Section 

19 501 of the Foreign Intelligence Surveillance Act of 1978 

20 (50 U.S.C. 1861) is amended— 

21 (1) in subsection (c)(2)— 

22 (A) in subparagraph (D) by striking 

23 ‘‘things; and’’ and inserting ‘‘things;’’; 


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1 (B) in subparagraph (E), by striking ‘‘sub2 section (a).’’ and inserting ‘‘subsection (a); 

3 and’’; and 

4 (C) by adding at the end the following new 

5 subparagraph: 

6 ‘‘(F) shall direct the applicant to provide 

7 notice to each person receiving such order of— 

8 ‘‘(i) the right to challenge the legality 

9 of a production order or nondisclosure 

10 order by filing a petition in accordance 

11 with subsection (f); and 

12 ‘‘(ii) the procedures to follow to file 

13 such petition in accordance with such sub14 section.’’; and 

15 (2) in subsection (f)(2)— 

16 (A) in subparagraph (A)— 

17 (i) in clause (i)— 

18 (I) by striking ‘‘a production 

19 order’’ and inserting ‘‘a production 

20 order or nondisclosure order’’; and 

21 (II) by striking ‘‘Not less than 1 

22 year’’ and all that follows; 

23 (ii) in clause (ii), by striking ‘‘produc24 tion order or nondisclosure’’; and 

25 (B) in subparagraph (C)— 


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1 (i) by striking clause (ii); and 

2 (ii) by redesignating clause (iii) as 

3 clause (ii). 

4 (c) MINIMIZATION PROCEDURES.—Section 501(g) of 

5 the Foreign Intelligence Surveillance Act of 1978 (50 

6 U.S.C. 1861(g)) is amended— 

7 (1) by redesignating paragraph (2) as para8 graph (3); and 

9 (2) by inserting after paragraph (1) the fol10 lowing new paragraph: 

11 ‘‘(2) COMPLIANCE ASSESSMENT.—At or before 

12 the end of the period of time for the production of 

13 tangible things under an order approved under this 

14 section or at any time after the production of tan15 gible things under such order, a judge may assess 

16 compliance with the minimization procedures re17 quired to be followed under such order by reviewing 

18 the circumstances under which information con19 cerning United States persons was retained or dis20 seminated.’’. 

21 (d) EXEMPTION OF BOOKSTORES AND LIBRARIES

22 FROM ORDERS REQUIRING THE PRODUCTION OF ANY

23 TANGIBLE THINGS FOR CERTAIN FOREIGN INTEL24 LIGENCE INVESTIGATIONS.—Section 501 of the Foreign 


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1 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

2 amended— 

3 (1) in subsection (a)(3)— 

4 (A) by striking ‘‘library patron lists,’’; and 

5 (B) by striking ‘‘book customer lists,’’; and 

6 (2) by adding at the end the following new sub7 section: 

8 ‘‘(i) PROHIBITION ON APPLICATION FOR CERTAIN

9 INFORMATION FROM BOOKSELLERS AND LIBRARIES.— 

10 ‘‘(1) IN GENERAL.—No application may be 

11 made under this section with either the purpose or 

12 effect of searching for, or seizing from, a bookseller 

13 or library documentary materials that contain per14 sonally identifiable information concerning a patron 

15 of a bookseller or library. 

16 ‘‘(2) DEFINITIONS.—In this subsection: 

17 ‘‘(A) The term ‘bookseller’ means any per18 son or entity engaged in the sale, rental or de19 livery of books, journals, magazines or other 

20 similar forms of communication in print or 

21 digitally. 

22 ‘‘(B) The term ‘library’ has the meaning 

23 given that term under section 213(2) of the Li24 brary Services and Technology Act (20 U.S.C. 

25 9122(2)) whose services include access to the 


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1 Internet, books, journals, magazines, news2 papers, or other similar forms of communica3 tion in print or digitally to patrons for their 

4 use, review, examination, or circulation. 

5 ‘‘(C) The term ‘patron’ means any pur6 chaser, renter, borrower, user, or subscriber of 

7 goods or services from a library or bookseller. 

8 ‘‘(D) The term ‘documentary materials’ 

9 means any document, tape, or other commu10 nication created by a bookseller or library in 

11 connection with print or digital dissemination of 

12 a book, journal, magazine, newspaper, or other 

13 similar form of communication, including access 

14 to the Internet. 

15 ‘‘(E) The term ‘personally identifiable in16 formation’ includes information that identifies a 

17 person as having used, requested, or obtained 

18 specific reading materials or services from a 

19 bookseller or library.’’. 

20 SEC. 104. SUNSET RELATING TO INDIVIDUAL TERRORISTS 

21 AS AGENTS OF FOREIGN POWERS. 

22 Section 6001(b) of the Intelligence Reform and Ter23 rorism Prevention Act of 2004 (50 U.S.C. 1801 note; 

24 Public Law 108–458) is amended— 

25 (1) in paragraph (1)— 


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1 (A) by striking ‘‘the amendment made by 

2 subsection (a) shall cease to have effect’’ and 

3 inserting ‘‘effective’’; and 

4 (B) by striking the period and inserting 

5 ‘‘— 

6 ‘‘(A) subparagraph (C) of section 

7 101(b)(1) of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1801(b)(1)) is re9 pealed; 

10 ‘‘(B) subparagraphs (D) and (E) of such 

11 section are redesignated as subparagraphs (C) 

12 and (D), respectively; 

13 ‘‘(C) paragraph (2) of section 601(a) of 

14 such Act (50 U.S.C. 1871(a)) is repealed; and 

15 ‘‘(D) paragraphs (3), (4), and (5) of such 

16 section are redesignated as paragraphs (2), (3), 

17 and (4), respectively.’’; and 

18 (2) in paragraph (2)— 

19 (A) by striking ‘‘EXCEPTION.—With re20 spect to’’ and inserting ‘‘EXCEPTION.— 

21 ‘‘(A) EXISTING INVESTIGATIONS.—With 

22 respect to’’; and 

23 (B) by adding at the end the following new 

24 subparagraph: 


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1 ‘‘(B) REPORTS.—Notwithstanding the re2 peals made by paragraph (1), the first report 

3 required under section 601(a) of the Foreign 

4 Intelligence Surveillance Act of 1978 (50 

5 U.S.C. 1871(a)) that is submitted after the ef6 fective date of such repeals shall include the 

7 number of individuals covered by an order 

8 issued pursuant to section 101(b)(1)(C) of such 

9 Act (as in effect on the day before such effec10 tive date).’’. 

11 SEC. 105. AUDITS. 

12 (a) TANGIBLE THINGS.—Section 106A of the USA 

13 PATRIOT Improvement and Reauthorization Act of 2005 

14 (Public Law 109–177; 120 Stat. 200) is amended— 

15 (1) in subsection (b)— 

16 (A) in paragraph (1), by striking ‘‘2006’’ 

17 and inserting ‘‘2013’’; and 

18 (B) in paragraph (5)(C), by striking ‘‘cal19 endar year 2006’’ and inserting ‘‘each of cal20 endar years 2006 through 2013’’; 

21 (2) in subsection (c), by adding at the end the 

22 following: 

23 ‘‘(3) CALENDAR YEARS 2007 THROUGH

24 2009.—Not later than December 31, 2010, the In25 spector General of the Department of Justice shall 


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1 submit to the Committee on the Judiciary and the 

2 Permanent Select Committee on Intelligence of the 

3 House of Representatives and the Committee on the 

4 Judiciary and the Select Committee on Intelligence 

5 of the Senate a report containing the results of the 

6 audit conducted under this section for calendar 

7 years 2007 through 2009. 

8 ‘‘(4) CALENDAR YEARS 2010 THROUGH

9 2013.—Not later than December 31, 2011, and an10 nually thereafter until December 31, 2014, the In11 spector General of the Department of Justice shall 

12 submit to the Committee on the Judiciary and the 

13 Permanent Select Committee on Intelligence of the 

14 House of Representatives and the Committee on the 

15 Judiciary and the Select Committee on Intelligence 

16 of the Senate a report containing the results of the 

17 audit conducted under this section for the preceding 

18 calendar year.’’; 

19 (3) in subsection (d)— 

20 (A) in paragraph (1), by striking ‘‘or 

21 (c)(2)’’ and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’; 

22 and 

23 (B) in paragraph (2), by striking ‘‘and 

24 (c)(2)’’ and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’; 

25 and 


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1 (4) in subsection (e), by striking ‘‘and (c)(2)’’ 

2 and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’. 

3 (b) NATIONAL SECURITY LETTERS.—Section 119 of 

4 the USA PATRIOT Improvement and Reauthorization 

5 Act of 2005 (Public Law 109–177; 120 Stat. 219) is 

6 amended— 

7 (1) in subsection (b)(1), by striking ‘‘2006’’ 

8 and inserting ‘‘2013’’; 

9 (2) in subsection (c), by adding at the end the 

10 following: 

11 ‘‘(3) CALENDAR YEARS 2007 THROUGH

12 2009.—Not later than December 31, 2010, the In13 spector General of the Department of Justice shall 

14 submit to the Committee on the Judiciary and the 

15 Permanent Select Committee on Intelligence of the 

16 House of Representatives and the Committee on the 

17 Judiciary and the Select Committee on Intelligence 

18 of the Senate a report containing the results of the 

19 audit conducted under this section for calendar 

20 years 2007 through 2009. 

21 ‘‘(4) CALENDAR YEARS 2010 THROUGH

22 2013.—Not later than December 31, 2011, and an23 nually thereafter until December 31, 2014, the In24 spector General of the Department of Justice shall 

25 submit to the Committee on the Judiciary and the 


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1 Permanent Select Committee on Intelligence of the 

2 House of Representatives and the Committee on the 

3 Judiciary and the Select Committee on Intelligence 

4 of the Senate a report containing the results of the 

5 audit conducted under this section for the previous 

6 calendar year.’’; 

7 (3) in subsection (d)— 

8 (A) in paragraph (1), by striking ‘‘or 

9 (c)(2)’’ and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’; 

10 and 

11 (B) in paragraph (2), by striking ‘‘or 

12 (c)(2)’’ and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’; 

13 and 

14 (4) in subsection (e), by striking ‘‘or (c)(2)’’ 

15 and inserting ‘‘(c)(2), (c)(3), or (c)(4)’’. 

16 (c) PEN REGISTERS AND TRAP AND TRACE DE17 VICES.— 

18 (1) AUDITS.—The Inspector General of the De19 partment of Justice shall perform comprehensive au20 dits of the effectiveness and use, including any im21 proper or illegal use, of pen registers and trap and 

22 trace devices under title IV of the Foreign Intel23 ligence Surveillance Act of 1978 (50 U.S.C. 1841 et 

24 seq.) during the period beginning on January 1, 

25 2007 and ending on December 31, 2012. 


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1 (2) REQUIREMENTS.—The audits required 

2 under paragraph (1) shall include— 

3 (A) an examination of each instance in 

4 which the Attorney General or any other attor5 ney for the Government submitted an applica6 tion for an order or extension of an order under 

7 title IV of the Foreign Intelligence Surveillance 

8 Act of 1978, including whether the court grant9 ed, modified, or denied the application (includ10 ing an examination of the basis for any modi11 fication or denial); 

12 (B) an examination of each instance in 

13 which the Attorney General authorized the in14 stallation and use of a pen register or trap and 

15 trace device on an emergency basis under sec16 tion 403 of the Foreign Intelligence Surveil17 lance Act of 1978 (50 U.S.C. 1843); 

18 (C) whether the Federal Bureau of Inves19 tigation requested that the Department of Jus20 tice submit an application for an order or ex21 tension of an order under title IV of the For22 eign Intelligence Surveillance Act of 1978 and 

23 the request was not submitted to the court (in24 cluding an examination of the basis for not sub25 mitting the application); 


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1 (D) whether bureaucratic or procedural 

2 impediments to the use of pen registers and 

3 trap and trace devices under title IV of the 

4 Foreign Intelligence Surveillance Act of 1978 

5 prevent the Federal Bureau of Investigation 

6 from taking full advantage of the authorities 

7 provided under that title; 

8 (E) any noteworthy facts or circumstances 

9 relating to the use of a pen register or trap and 

10 trace device under title IV of the Foreign Intel11 ligence Surveillance Act of 1978, including any 

12 improper or illegal use of the authority provided 

13 under that title; and 

14 (F) an examination of the effectiveness of 

15 the authority under title IV of the Foreign In16 telligence Surveillance Act of 1978 as an inves17 tigative tool, including— 

18 (i) the importance of the information 

19 acquired to the intelligence activities of the 

20 Federal Bureau of Investigation or any 

21 other department or agency of the Federal 

22 Government; 

23 (ii) the manner in which the informa24 tion is collected, retained, analyzed, and 

25 disseminated by the Federal Bureau of InVerDate Nov 24 2008 21:46 Oct 21, 2009 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H3845.IH H3845

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1 vestigation, including any direct access to 

2 the information provided to any other de3 partment, agency, or instrumentality of 

4 Federal, State, local, or tribal governments 

5 or any private sector entity; 

6 (iii) with respect to calendar years 

7 2010 through 2012, an examination of the 

8 minimization procedures used in relation to 

9 pen registers and trap and trace devices 

10 under title IV of the Foreign Intelligence 

11 Surveillance Act of 1978 and whether the 

12 minimization procedures protect the con13 stitutional rights of United States persons; 

14 (iv) whether, and how often, the Fed15 eral Bureau of Investigation used informa16 tion acquired under a pen register or trap 

17 and trace device under title IV of the For18 eign Intelligence Surveillance Act of 1978 

19 to produce an analytical intelligence prod20 uct for distribution within the Federal Bu21 reau of Investigation, to the intelligence 

22 community (as defined in section 3(4) of 

23 the National Security Act of 1947 (50 

24 U.S.C. 401a(4))), or to other Federal, 


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1 State, local, or tribal government depart2 ments, agencies, or instrumentalities; and 

3 (v) whether, and how often, the Fed4 eral Bureau of Investigation provided in5 formation acquired under a pen register or 

6 trap and trace device under title IV of the 

7 Foreign Intelligence Surveillance Act of 

8 1978 to law enforcement authorities for 

9 use in criminal proceedings. 

10 (3) SUBMISSION DATES.— 

11 (A) PRIOR YEARS.—Not later than Decem12 ber 31, 2010, the Inspector General of the De13 partment of Justice shall submit to the Com14 mittee on the Judiciary and the Select Com15 mittee on Intelligence of the Senate and the 

16 Committee on the Judiciary and the Permanent 

17 Select Committee on Intelligence of the House 

18 of Representatives a report containing the re19 sults of the audit conducted under this section 

20 for calendar years 2007 thorough 2009. 

21 (B) CALENDAR YEARS 2010 THROUGH

22 2013.—Not later than December 31, 2011, and 

23 annually thereafter until December 31, 2014, 

24 the Inspector General of the Department of 

25 Justice shall submit to the Committee on the 


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1 Judiciary and the Select Committee on Intel2 ligence of the Senate and the Committee on the 

3 Judiciary and the Permanent Select Committee 

4 on Intelligence of the House of Representatives 

5 a report containing the results of the audit con6 ducted under this section for the previous cal7 endar year. 

8 (4) PRIOR NOTICE TO ATTORNEY GENERAL AND

9 DIRECTOR OF NATIONAL INTELLIGENCE; COM10 MENTS.— 

11 (A) NOTICE.—Not less than 30 days be12 fore the submission of a report under subpara13 graph (A) or (B) of paragraph (3), the Inspec14 tor General of the Department of Justice shall 

15 provide the report to the Attorney General and 

16 the Director of National Intelligence. 

17 (B) COMMENTS.—The Attorney General or 

18 the Director of National Intelligence may pro19 vide such comments to be included in a report 

20 submitted under subparagraph (A) or (B) of 

21 paragraph (3) as the Attorney General or the 

22 Director of National Intelligence may consider 

23 necessary. 

24 (5) UNCLASSIFIED FORM.—A report submitted 

25 under subparagraph (A) or (B) of paragraph (3) 


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1 and any comments included under paragraph (4)(B) 

2 shall be in unclassified form, but may include a clas3 sified annex. 

4 SEC. 106. CRIMINAL ‘‘SNEAK AND PEAK’’ SEARCHES. 

5 Section 3103a of title 18, United States Code, is 

6 amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1), by striking ‘‘may 

9 have an adverse result (as defined in section 

10 2705, except if the adverse results consist only 

11 of unduly delaying a trial)’’ and inserting ‘‘will 

12 endanger the life or physical safety of an indi13 vidual, result in flight from prosecution, result 

14 in the destruction of or tampering with the evi15 dence sought under the warrant, or result in in16 timidation of potential witnesses’’; and 

17 (B) in paragraph (3), by striking ‘‘30 

18 days’’ and all that follows and inserting ‘‘7 days 

19 after the date of its execution.’’; and 

20 (2) in subsection (c), by striking ‘‘for good 

21 cause shown’’ and all that follows and inserting 

22 ‘‘upon application of the United States Attorney for 

23 the district seeking the delay, for additional periods 

24 of not more than 21 days for each application, if the 

25 court finds, for each application, reasonable cause to 


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1 believe that notice of the execution of the warrant 

2 will endanger the life or physical safety of an indi3 vidual, result in flight from prosecution, result in the 

4 destruction of or tampering with the evidence sought 

5 under the warrant, or result in intimidation of po6 tential witnesses.’’. 

7 SEC. 107. USE OF PEN REGISTERS AND TRAP AND TRACE 

8 DEVICES UNDER TITLE 18, UNITED STATES 

9 CODE. 

10 Section 3122(b)(2) of title 18, United States Code, 

11 is amended to read as follows: 

12 ‘‘(2) a statement of specific and articulable 

13 facts by the applicant to justify the belief of the ap14 plicant that the information likely to be obtained is 

15 relevant to an ongoing criminal investigation being 

16 conducted by that agency.’’. 

17 SEC. 108. ORDERS FOR PEN REGISTERS AND TRAP AND 

18 TRACE DEVICES FOR FOREIGN INTEL19 LIGENCE PURPOSES. 

20 (a) APPLICATION.—Section 402(c) of the Foreign In21 telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 

22 is amended— 

23 (1) in paragraph (1), by striking ‘‘and’’ at the 

24 end; 

25 (2) in paragraph (2)— 


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1 (A) by striking ‘‘a certification by the ap2 plicant’’ and inserting ‘‘a statement of the spe3 cific and articulable facts relied upon by the ap4 plicant to justify the belief of the applicant’’; 

5 and 

6 (B) by striking the period at the end and 

7 inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(3) a statement of proposed minimization pro10 cedures.’’. 

11 (b) MINIMIZATION PROCEDURES.— 

12 (1) DEFINITION.—Section 401 of the Foreign 

13 Intelligence Surveillance Act of 1978 (50 U.S.C. 

14 1841) is amended by adding at the end the fol15 lowing: 

16 ‘‘(4) The term ‘minimization procedures’ 

17 means— 

18 ‘‘(A) specific procedures that are reason19 ably designed in light of the purpose and tech20 nique of an order for the installation and use 

21 of a pen register or trap and trace device, to 

22 minimize the retention, and prohibit the dis23 semination, of nonpublicly available information 

24 concerning unconsenting United States persons 

25 consistent with the need of the United States to 


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1 obtain, produce, and disseminate foreign intel2 ligence information; 

3 ‘‘(B) procedures that require that nonpub4 licly available information, which is not foreign 

5 intelligence information shall not be dissemi6 nated in a manner that identifies any United 

7 States person, without such person’s consent, 

8 unless such person’s identity is necessary to un9 derstand foreign intelligence information or as10 sess its importance; and 

11 ‘‘(C) notwithstanding subparagraphs (A) 

12 and (B), procedures that allow for the retention 

13 and dissemination of information that is evi14 dence of a crime which has been, is being, or 

15 is about to be committed and that is to be re16 tained or disseminated for law enforcement pur17 poses.’’. 

18 (2) PEN REGISTERS AND TRAP AND TRACE DE19 VICES.—Section 402 of the Foreign Intelligence Sur20 veillance Act of 1978 (50 U.S.C. 1842) is amend21 ed— 

22 (A) in subsection (d)— 

23 (i) in paragraph (1)— 


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1 (I) by striking ‘‘finds that the 

2 application’’ and inserting the fol3 lowing: ‘‘finds that— 

4 ‘‘(A) the application’’; 

5 (II) in subparagraph (A), as des6 ignated by subclause (I) of this clause, 

7 by striking ‘‘section.’’ and inserting 

8 ‘‘section; and’’; and 

9 (III) by adding at the end the 

10 following new subparagraph: 

11 ‘‘(B) the proposed minimization procedures 

12 meet the definition of minimization procedures 

13 under this title.’’. 

14 (ii) in paragraph (2)(B)— 

15 (I) in clause (ii)(II), by striking 

16 ‘‘and’’ after the semicolon; and 

17 (II) by adding at the end the fol18 lowing: 

19 ‘‘(iv) the minimization procedures be 

20 followed; and’’; and 

21 (B) by adding at the end the following: 

22 ‘‘(h) At or before the end of the period of time for 

23 which the installation and use of a pen register or trap 

24 and trace device is approved under an order or an exten25 sion under this section, the judge may assess compliance 


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1 with the minimization procedures by reviewing the cir2 cumstances under which information concerning United 

3 States persons was retained or disseminated.’’. 

4 (3) EMERGENCIES.—Section 403 of the For5 eign Intelligence Surveillance Act of 1978 (50 

6 U.S.C. 1843) is amended— 

7 (A) by redesignating subsection (c) as (d); 

8 and 

9 (B) by inserting after subsection (b) the 

10 following: 

11 ‘‘(c) If the Attorney General authorizes the emer12 gency installation and use of a pen register or trap and 

13 trace device under this section, the Attorney General shall 

14 require that the minimization procedures required by this 

15 title for the issuance of a judicial order be followed.’’. 

16 (4) USE OF INFORMATION.—Section 405(a)(1) 

17 of the Foreign Intelligence Surveillance Act of 1978 

18 (50 U.S.C. 1845(a)(1)) is amended by inserting 

19 ‘‘and the minimization procedures required to be fol20 lowed under the order authorizing the acquisition of 

21 such information under section 402 or under sub22 section (c) of section 403 for an emergency acquisi23 tion under such section’’ before the period. 


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1 SEC. 109. PUBLIC REPORTING ON THE FOREIGN INTEL2 LIGENCE SURVEILLANCE ACT OF 1978. 

3 Section 601 of the Foreign Intelligence Surveillance 

4 Act of 1978 (50 U.S.C. 1871) is amended— 

5 (1) by redesignating subsections (b) through (e) 

6 as subsections (c) through (f), respectively; 

7 (2) by inserting after subsection (a) the fol8 lowing: 

9 ‘‘(b) PUBLIC REPORT.—The Attorney General shall 

10 make publicly available the portion of each report under 

11 subsection (a) relating to paragraph (1) of such sub12 section.’’; and 

13 (3) in subsection (e), as so redesignated, by 

14 striking ‘‘subsection (c)’’ and inserting ‘‘subsection 

15 (d)’’. 

16 SEC. 110. CHALLENGES TO NATIONWIDE ORDERS FOR 

17 ELECTRONIC EVIDENCE. 

18 Section 2703 of title 18, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(h) JUDICIAL REVIEW.—A provider of electronic 

21 communication service or remote computing service may 

22 challenge a subpoena, order, or warrant requiring disclo23 sure of customer communications or records under this 

24 section in— 

25 ‘‘(1) the United States district court for the 

26 district in which the order was issued; or 


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1 ‘‘(2) the United States district court for the 

2 district in which the order was served.’’. 

3 TITLE II—NATIONAL SECURITY 

4 LETTER REFORM 

5 SEC. 201. SHORT TITLE. 

6 This title may be referred to as the ‘‘National Secu7 rity Letter Reform Act of 2009’’. 

8 SEC. 202. SUNSET. 

9 (a) IN GENERAL.—Effective on December 31, 2013, 

10 the following provisions of law are amended to read as 

11 such provisions read on October 25, 2001: 

12 (1) Section 2709 of title 18, United States 

13 Code. 

14 (2) Section 1114(a)(5) of the Right to Finan15 cial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)). 

16 (3) Subsections (a) and (b) of section 626 of 

17 the Fair Credit Reporting Act (15 U.S.C. 1681u). 

18 (4) Section 627 of the Fair Credit Reporting 

19 Act (15 U.S.C. 1681v). 

20 (5) Section 802 of the National Security Act of 

21 1947 (50 U.S.C. 436). 

22 (b) TRANSITION PROVISION.—Notwithstanding sub23 section (a), the provisions of law referred to in subsection 

24 (a), as in effect on December 30, 2013, shall continue to 

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1 ticular foreign intelligence investigation or with respect to 

2 any particular offense or potential offense that began or 

3 occurred before December 31, 2013. 

4 SEC. 203. NATIONAL SECURITY LETTER DEFINED. 

5 In this title, the term ‘‘national security letter’’ 

6 means a request for information under one of the following 

7 provisions of law: 

8 (1) Section 2709(a) of title 18, United States 

9 Code (to access certain communication service pro10 vider records). 

11 (2) Section 1114(a)(5)(A) of the Right to Fi12 nancial Privacy Act (12 U.S.C. 3414(a)(5)(A)) (to 

13 obtain financial institution customer records). 

14 (3) Section 626 of the Fair Credit Reporting 

15 Act (15 U.S.C. 1681u) (to obtain certain financial 

16 information and consumer reports). 

17 (4) Section 627 of the Fair Credit Reporting 

18 Act (15 U.S.C. 1681v) (to obtain credit agency con19 sumer records for counterterrorism investigations). 

20 (5) Section 802 of the National Security Act of 

21 1947 (50 U.S.C. 436). 

22 SEC. 204. MODIFICATION OF STANDARD. 

23 A national security letter may not be issued unless 

24 the official having authority under law to issue that letter 

25 documents in a separate writing specific and articulable 


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1 facts showing that there are reasonable grounds to believe 

2 that the information sought pertains to a foreign power 

3 or an agent of a foreign power. The agency under whose 

4 authority the letter is issued shall maintain a copy of that 

5 separate writing. 

6 SEC. 205. NOTIFICATION OF RIGHT TO JUDICIAL REVIEW 

7 OF NONDISCLOSURE ORDER. 

8 If a recipient of a national security letter is subject 

9 to a nondisclosure requirement imposed in connection with 

10 that national security letter, the official issuing that letter 

11 shall, simultaneously with its issuance, inform the recipi12 ent of the right of the recipient to judicial review of that 

13 requirement and that the requirement will remain in effect 

14 during the pendency of any judicial review proceedings. 

15 SEC. 206. DISCLOSURE FOR LAW ENFORCEMENT PUR16 POSES. 

17 No information acquired by a national security letter 

18 shall be disclosed for law enforcement purposes unless 

19 such disclosure is accompanied by a statement that such 

20 information, or any information derived therefrom, may 

21 only be used in a criminal proceeding with the advance 

22 authorization of the Attorney General. 


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1 SEC. 207. JUDICIAL REVIEW OF NATIONAL SECURITY LET2 TER NONDISCLOSURE ORDER. 

3 Section 3511(b) of title 18, United States Code, is 

4 amended to read as follows: 

5 ‘‘(b) NONDISCLOSURE.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) NOTICE.—If a recipient of a request 

8 or order for a report, records, or other informa9 tion under section 2709 of this title, section 

10 626 or 627 of the Fair Credit Reporting Act 

11 (15 U.S.C. 1681u and 1681v), section 1114 of 

12 the Right to Financial Privacy Act (12 U.S.C. 

13 3414), or section 802 of the National Security 

14 Act of 1947 (50 U.S.C. 436), wishes to have a 

15 court review a nondisclosure requirement im16 posed in connection with the request, the recipi17 ent shall notify the Government. 

18 ‘‘(B) APPLICATION.—Not later than 30 

19 days after the date of receipt of a notification 

20 under subparagraph (A), the Government shall 

21 apply for an order prohibiting the disclosure of 

22 particular information about the existence or 

23 contents of the relevant request or order. An 

24 application under this subparagraph may be 

25 filed in the district court of the United States 

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1 vestigation that is the basis for the request or 

2 order is being conducted. The applicable non3 disclosure requirement shall remain in effect 

4 during the pendency of proceedings relating to 

5 the requirement. 

6 ‘‘(C) CONSIDERATION.—A district court of 

7 the United States that receives an application 

8 under subparagraph (B) should rule expedi9 tiously, and may issue a nondisclosure order for 

10 a period of not longer than 180 days. 

11 ‘‘(D) DENIAL.—If a district court of the 

12 United States rejects an application for a non13 disclosure order or extension thereof, the non14 disclosure requirement shall no longer be in ef15 fect. 

16 ‘‘(2) APPLICATION CONTENTS.—An application 

17 for a nondisclosure order or extension thereof under 

18 this subsection shall include a certification from the 

19 Attorney General, Deputy Attorney General, an As20 sistant Attorney General, or the Director of the Fed21 eral Bureau of Investigation, or in the case of a re22 quest by a department, agency, or instrumentality of 

23 the Federal Government other than the Department 

24 of Justice, the head or deputy head of the depart25 ment, agency, or instrumentality, of the existence of 


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1 a result described in subparagraphs (A) through (D) 

2 and a statement of specific and articulable facts in3 dicating that, absent a prohibition of disclosure 

4 under this subsection, there may result— 

5 ‘‘(A) a danger to the national security of 

6 the United States; 

7 ‘‘(B) interference with a criminal, counter8 terrorism, or counterintelligence investigation; 

9 ‘‘(C) interference with diplomatic relations; 

10 or 

11 ‘‘(D) danger to the life or physical safety 

12 of any person. 

13 ‘‘(3) STANDARD.—A district court of the 

14 United States may issue a nondisclosure require15 ment order or extension thereof under this sub16 section if the court determines that there is reason 

17 to believe that disclosure of the information subject 

18 to the nondisclosure requirement during the applica19 ble time period will have a result described in para20 graph (2). 

21 ‘‘(4) RENEWAL.—A nondisclosure order under 

22 this subsection may be renewed for additional peri23 ods of not longer than 180 days each, upon a deter24 mination by the court that a result described in 

25 paragraph (2) justifies the renewal. 


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1 ‘‘(5) EARLY TERMINATION OF NONDISCLOSURE

2 ORDER.—A nondisclosure order the Government ap3 plied for under paragraph (1)(B) ceases to have ef4 fect when the Government discovers that the factual 

5 basis for that order has ceased to exist and the Gov6 ernment so informs the order’s recipient. The Gov7 ernment upon making such a discovery shall prompt8 ly so informs the recipient.’’. 

9 SEC. 208. MINIMIZATION PROCEDURES. 

10 The Attorney General shall establish minimization 

11 and destruction procedures to ensure that information ob12 tained pursuant to a national security letter regarding per13 sons that are no longer of interest in an authorized inves14 tigation is destroyed. Such procedures shall be transmitted 

15 to the Permanent Select Committee on Intelligence and 

16 the Committee on the Judiciary of the House of Rep17 resentatives and the Select Committee on Intelligence and 

18 the Committee on the Judiciary of the Senate in unclassi19 fied format within 3 months of passage, and shall in20 clude— 

21 (1) specific procedures, that are reasonably de22 signed in light of the purpose and technique of the 

23 particular surveillance, to minimize the acquisition 

24 and retention, and prohibit the dissemination, of 

25 nonpublicly available information concerning 


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1 unconsenting United States persons consistent with 

2 the need of the United States to obtain, produce, 

3 and disseminate foreign intelligence information; 

4 (2) procedures that provide for the destruction 

5 of information relating to United States persons that 

6 do not reflect activity that would lead a reasonable 

7 agent or analyst to believe that the person is an 

8 agent of a foreign power as defined in section 101 

9 of the Foreign Intelligence Surveillance Act of 1978 

10 (50 U.S.C. 1801(b)); 

11 (3) procedures for identifying whether the infor12 mation returned in response to a national security 

13 letter exceeds the scope of the original request and 

14 further procedures for returning or destroying the 

15 superfluous information as soon as possible and be16 fore it is entered into any database or used in any 

17 way; and 

18 (4) deadlines for destruction, minimization, or 

19 return of information described in paragraphs (1) 

20 through (3), that require such destruction, mini21 mization, or return as soon as possible. 

Æ 


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