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. JOHN-
SON 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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To extend and modify authorities needed to combat terrorism 
and protect civil liberties, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘USA PATRIOT Amendments Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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 intel-
ligence 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. 
TITLE I—USA PATRIOT ACT 
RELATED AMENDMENTS 
SEC. 101. ROVING WIRETAPS. 
The Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801 et seq.) is amended— 
(1) in section 104(a)(2), by striking ‘‘electronic 
surveillance’’ and inserting ‘‘electronic surveillance 
sufficient to allow a judge to determine that the tar-
get is a single individual’’; and 
(2) in section 105(a)— 
(A) in paragraph (3), by striking ‘‘and’’; 
(B) in paragraph (4), by striking the pe-
riod and inserting ‘‘; and’’; and 
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(C) by adding at the end the following new 
paragraph: 
‘‘(5) the identity or description of the specific 
target of electronic surveillance included in the ap-
plication pursuant to section 104(a)(2) is sufficient 
to allow the judge to determine that the target is a 
single individual.’’. 
SEC. 102. EXTENSION OF SUNSET OF SECTIONS 206 AND 215 
OF USA PATRIOT ACT. 
Section 102(b)(1) of the USA PATRIOT Improve-
ment and Reauthorization Act of 2005 (18 U.S.C. 2510 
note) is amended by striking ‘‘December 31, 2009’’ and 
inserting ‘‘December 31, 2013’’. 
SEC. 103. ACCESS TO CERTAIN TANGIBLE THINGS UNDER 
SECTION 
501 
OF 
THE 
FOREIGN 
INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
(a) FACTUAL BASIS FOR AND ISSUANCE OF OR-
DERS.— 
(1) IN GENERAL.—Section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1861) is amended— 
(A) in the section heading, by striking 
‘‘CERTAIN BUSINESS RECORDS’’ and insert-
ing ‘‘TANGIBLE THINGS’’; and 
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(B) in subsection (b)(2)(A), by striking ‘‘a 
statement of facts’’ and inserting ‘‘a statement 
of specific and articulable facts’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
(A) TITLE HEADING.—Title V of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861 et seq.) is amended in the title 
heading by striking ‘‘CERTAIN BUSINESS 
RECORDS’’ 
and 
inserting 
‘‘TANGIBLE 
THINGS’’. 
(B) TABLE OF CONTENTS.—The table of 
contents in the first section of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1801 et seq.) is amended by striking the items 
relating to title V and section 501 and inserting 
the following: 
‘‘TITLE V—ACCESS TO TANGIBLE THINGS FOR FOREIGN 
INTELLIGENCE PURPOSES 
‘‘Sec. 501. Access to tangible things for foreign intelligence purposes and inter-
national terrorism investigations.’’. 
(b) JUDICIAL REVIEW OF FISA ORDERS.—Section 
501 of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1861) is amended— 
(1) in subsection (c)(2)— 
(A) in subparagraph (D) by striking 
‘‘things; and’’ and inserting ‘‘things;’’; 
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(B) in subparagraph (E), by striking ‘‘sub-
section (a).’’ and inserting ‘‘subsection (a); 
and’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(F) shall direct the applicant to provide 
notice to each person receiving such order of— 
‘‘(i) the right to challenge the legality 
of a production order or nondisclosure 
order by filing a petition in accordance 
with subsection (f); and 
‘‘(ii) the procedures to follow to file 
such petition in accordance with such sub-
section.’’; and 
(2) in subsection (f)(2)— 
(A) in subparagraph (A)— 
(i) in clause (i)— 
(I) by striking ‘‘a production 
order’’ and inserting ‘‘a production 
order or nondisclosure order’’; and 
(II) by striking ‘‘Not less than 1 
year’’ and all that follows; 
(ii) in clause (ii), by striking ‘‘produc-
tion order or nondisclosure’’; and 
(B) in subparagraph (C)— 
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(i) by striking clause (ii); and 
(ii) by redesignating clause (iii) as 
clause (ii). 
(c) MINIMIZATION PROCEDURES.—Section 501(g) of 
the Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861(g)) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) COMPLIANCE ASSESSMENT.—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 tan-
gible things under such order, a judge may assess 
compliance with the minimization procedures re-
quired to be followed under such order by reviewing 
the circumstances under which information con-
cerning United States persons was retained or dis-
seminated.’’. 
(d) EXEMPTION OF BOOKSTORES AND LIBRARIES 
FROM ORDERS REQUIRING THE PRODUCTION OF ANY 
TANGIBLE
THINGS
FOR
CERTAIN
FOREIGN
INTEL-
LIGENCE INVESTIGATIONS.—Section 501 of the Foreign 
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