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rial that constitutes evidence of a criminal offense in viola-
tion of the laws of the United States, any notice required,
or that may be required, to be given may be delayed if—
‘‘(1) the court finds reasonable cause to believe
that providing immediate notification of the execu-
tion of the warrant may have an adverse result (as
defined in section 2705);
‘‘(2) the warrant prohibits the seizure of any
tangible property, any wire or electronic communica-
tion (as defined in section 2510), or, except as ex-
pressly provided in chapter 121, any stored wire or
electronic information, except where the court finds
reasonable necessity for the seizure; and
‘‘(3) the warrant provides for the giving of such
notice within a reasonable period of its execution,
which period may thereafter be extended by the
court for good cause shown.’’.
SEC. 214. PEN REGISTER AND TRAP AND TRACE AUTHOR-
ITY UNDER FISA.
(a) APPLICATIONS AND ORDERS.—Section 402 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1842) is amended—
(1) in subsection (a)(1), by striking ‘‘for any in-
vestigation to gather foreign intelligence information
or information concerning international terrorism’’
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and inserting ‘‘for any investigation to obtain for-
eign intelligence information not concerning a
United States person or to protect against inter-
national terrorism or clandestine intelligence activi-
ties, provided that such investigation of a United
States person is not conducted solely upon the basis
of activities protected by the first amendment to the
Constitution’’;
(2) by amending subsection (c)(2) to read as
follows:
‘‘(2) a certification by the applicant that the in-
formation likely to be obtained is foreign intelligence
information not concerning a United States person
or is relevant to an ongoing investigation to protect
against international terrorism or clandestine intel-
ligence activities, provided that such investigation of
a United States person is not conducted solely upon
the basis of activities protected by the first amend-
ment to the Constitution.’’;
(3) by striking subsection (c)(3); and
(4) by amending subsection (d)(2)(A) to read
as follows:
‘‘(A) shall specify—
‘‘(i) the identity, if known, of the per-
son who is the subject of the investigation;
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‘‘(ii) the identity, if known, of the per-
son to whom is leased or in whose name is
listed the telephone line or other facility to
which the pen register or trap and trace
device is to be attached or applied;
‘‘(iii) the attributes of the communica-
tions to which the order applies, such as
the number or other identifier, and, if
known, the location of the telephone line or
other facility to which the pen register or
trap and trace device is to be attached or
applied and, in the case of a trap and trace
device, the geographic limits of the trap
and trace order.’’.
(b) AUTHORIZATION DURING EMERGENCIES.—Sec-
tion 403 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1843) is amended—
(1) in subsection (a), by striking ‘‘foreign intel-
ligence information or information concerning inter-
national terrorism’’ and inserting ‘‘foreign intel-
ligence information not concerning a United States
person or information to protect against inter-
national terrorism or clandestine intelligence activi-
ties, provided that such investigation of a United
States person is not conducted solely upon the basis
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of activities protected by the first amendment to the
Constitution’’; and
(2) in subsection (b)(1), by striking ‘‘foreign in-
telligence information or information concerning
international terrorism’’ and inserting ‘‘foreign intel-
ligence information not concerning a United States
person or information to protect against inter-
national terrorism or clandestine intelligence activi-
ties, provided that such investigation of a United
States person is not conducted solely upon the basis
of activities protected by the first amendment to the
Constitution’’.
SEC. 215. ACCESS TO RECORDS AND OTHER ITEMS UNDER
THE 
FOREIGN 
INTELLIGENCE 
SURVEIL-
LANCE ACT.
Title V of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 1861 et seq.) is amended by striking
sections 501 through 503 and inserting the following:
‘‘SEC. 501. ACCESS TO CERTAIN BUSINESS RECORDS FOR
FOREIGN 
INTELLIGENCE 
AND 
INTER-
NATIONAL TERRORISM INVESTIGATIONS.
‘‘(a)(1) The Director of the Federal Bureau of Inves-
tigation or a designee of the Director (whose rank shall
be no lower than Assistant Special Agent in Charge) may
make an application for an order requiring the production
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of any tangible things (including books, records, papers,
documents, and other items) for an investigation to pro-
tect against international terrorism or clandestine intel-
ligence activities, provided that such investigation of a
United States person is not conducted solely upon the
basis of activities protected by the first amendment to the
Constitution.
‘‘(2) An investigation conducted under this section
shall—
‘‘(A) be conducted under guidelines approved by
the Attorney General under Executive Order 12333
(or a successor order); and
‘‘(B) not be conducted of a United States per-
son solely upon the basis of activities protected by
the first amendment to the Constitution of the
United States.
‘‘(b) Each application under this section—
‘‘(1) shall be made to—
‘‘(A) a judge of the court established by
section 103(a); or
‘‘(B) a United States Magistrate Judge
under chapter 43 of title 28, United States
Code, who is publicly designated by the Chief
Justice of the United States to have the power
to hear applications and grant orders for the
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production of tangible things under this section
on behalf of a judge of that court; and
‘‘(2) shall specify that the records concerned
are sought for an authorized investigation conducted
in accordance with subsection (a)(2) to protect
against international terrorism or clandestine intel-
ligence activities.
‘‘(c)(1) Upon an application made pursuant to this
section, the judge shall enter an ex parte order as re-
quested, or as modified, approving the release of records
if the judge finds that the application meets the require-
ments of this section.
‘‘(2) An order under this subsection shall not disclose
that it is issued for purposes of an investigation described
in subsection (a).
‘‘(d) No person shall disclose to any other person
(other than those persons necessary to produce the tan-
gible things under this section) that the Federal Bureau
of Investigation has sought or obtained tangible things
under this section.
‘‘(e) A person who, in good faith, produces tangible
things under an order pursuant to this section shall not
be liable to any other person for such production. Such
production shall not be deemed to constitute a waiver of
any privilege in any other proceeding or context.
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‘‘SEC. 502. CONGRESSIONAL OVERSIGHT.
‘‘(a) On a semiannual basis, the Attorney General
shall fully inform the Permanent Select Committee on In-
telligence of the House of Representatives and the Select
Committee on Intelligence of the Senate concerning all re-
quests for the production of tangible things under section
402.
‘‘(b) On a semiannual basis, the Attorney General
shall provide to the Committees on the Judiciary of the
House of Representatives and the Senate a report setting
forth with respect to the preceding 6-month period—
‘‘(1) the total number of applications made for
orders approving requests for the production of tan-
gible things under section 402; and
‘‘(2) the total number of such orders either
granted, modified, or denied.’’.
SEC. 216. MODIFICATION OF AUTHORITIES RELATING TO
USE OF PEN REGISTERS AND TRAP AND
TRACE DEVICES.
(a) GENERAL LIMITATIONS.—Section 3121(c) of title
18, United States Code, is amended—
(1) by inserting ‘‘or trap and trace device’’
after ‘‘pen register’’;
(2) by inserting ‘‘, routing, addressing,’’ after
‘‘dialing’’; and
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(3) by striking ‘‘call processing’’ and inserting
‘‘the processing and transmitting of wire or elec-
tronic communications so as not to include the con-
tents of any wire or electronic communications’’.
(b) ISSUANCE OF ORDERS.—
(1) IN GENERAL.—Section 3123(a) of title 18,
United States Code, is amended to read as follows:
‘‘(a) IN GENERAL.—
‘‘(1) ATTORNEY
FOR
THE
GOVERNMENT.—
Upon an application made under section 3122(a)(1),
the court shall enter an ex parte order authorizing
the installation and use of a pen register or trap and
trace device anywhere within the United States, if
the court finds that the attorney for the Government
has certified to the court that the information likely
to be obtained by such installation and use is rel-
evant to an ongoing criminal investigation. The
order, upon service of that order, shall apply to any
person or entity providing wire or electronic commu-
nication service in the United States whose assist-
ance may facilitate the execution of the order.
Whenever such an order is served on any person or
entity not specifically named in the order, upon re-
quest of such person or entity, the attorney for the
Government or law enforcement or investigative offi-
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cer that is serving the order shall provide written or
electronic certification that the order applies to the
person or entity being served.
‘‘(2) STATE INVESTIGATIVE OR LAW ENFORCE-
MENT OFFICER.—Upon an application made under
section 3122(a)(2), the court shall enter an ex parte
order authorizing the installation and use of a pen
register or trap and trace device within the jurisdic-
tion of the court, if the court finds that the State
law enforcement or investigative officer has certified
to the court that the information likely to be ob-
tained by such installation and use is relevant to an
ongoing criminal investigation.
‘‘(3)(A) Where the law enforcement agency im-
plementing an ex parte order under this subsection
seeks to do so by installing and using its own pen
register or trap and trace device on a packet-
switched data network of a provider of electronic
communication service to the public, the agency shall
ensure that a record will be maintained which will
identify—
‘‘(i) any officer or officers who installed
the device and any officer or officers who
accessed the device to obtain information from
the network;
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‘‘(ii) the date and time the device was in-
stalled, the date and time the device was
uninstalled, and the date, time, and duration of
each time the device is accessed to obtain infor-
mation;
‘‘(iii) the configuration of the device at the
time of its installation and any subsequent
modification thereof; and
‘‘(iv) any information which has been col-
lected by the device.
To the extent that the pen register or trap and trace
device can be set automatically to record this infor-
mation electronically, the record shall be maintained
electronically throughout the installation and use of
such device.
‘‘(B) The record maintained under subpara-
graph (A) shall be provided ex parte and under seal
to the court which entered the ex parte order au-
thorizing the installation and use of the device with-
in 30 days after termination of the order (including
any extensions thereof).’’.
(2) CONTENTS OF ORDER.—Section 3123(b)(1)
of title 18, United States Code, is amended—
(A) in subparagraph (A)—
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(i) by inserting ‘‘or other facility’’
after ‘‘telephone line’’; and
(ii) by inserting before the semicolon
at the end ‘‘or applied’’; and
(B) by striking subparagraph (C) and in-
serting the following:
‘‘(C) the attributes of the communications
to which the order applies, including the num-
ber or other identifier and, if known, the loca-
tion of the telephone line or other facility to
which the pen register or trap and trace device
is to be attached or applied, and, in the case of
an order authorizing installation and use of a
trap and trace device under subsection (a)(2),
the geographic limits of the order; and’’.
(3) NONDISCLOSURE REQUIREMENTS.—Section
3123(d)(2) of title 18, United States Code, is
amended—
(A) by inserting ‘‘or other facility’’ after
‘‘the line’’; and
(B) by striking ‘‘, or who has been ordered
by the court’’ and inserting ‘‘or applied, or who
is obligated by the order’’.
(c) DEFINITIONS.—