and any comments included under paragraph (4)(B) 
shall be in unclassified form, but may include a clas-
sified annex. 
SEC. 106. CRIMINAL ‘‘SNEAK AND PEAK’’ SEARCHES. 
Section 3103a of title 18, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘may 
have an adverse result (as defined in section 
2705, except if the adverse results consist only 
of unduly delaying a trial)’’ and inserting ‘‘will 
endanger the life or physical safety of an indi-
vidual, result in flight from prosecution, result 
in the destruction of or tampering with the evi-
dence sought under the warrant, or result in in-
timidation of potential witnesses’’; and 
(B) in paragraph (3), by striking ‘‘30 
days’’ and all that follows and inserting ‘‘7 days 
after the date of its execution.’’; and 
(2) in subsection (c), by striking ‘‘for good 
cause shown’’ and all that follows and inserting 
‘‘upon application of the United States Attorney for 
the district seeking the delay, for additional periods 
of not more than 21 days for each application, if the 
court finds, for each application, reasonable cause to 
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believe that notice of the execution of the warrant 
will endanger the life or physical safety of an indi-
vidual, result in flight from prosecution, result in the 
destruction of or tampering with the evidence sought 
under the warrant, or result in intimidation of po-
tential witnesses.’’. 
SEC. 107. USE OF PEN REGISTERS AND TRAP AND TRACE 
DEVICES UNDER TITLE 18, UNITED STATES 
CODE. 
Section 3122(b)(2) of title 18, United States Code, 
is amended to read as follows: 
‘‘(2) a statement of specific and articulable 
facts by the applicant to justify the belief of the ap-
plicant that the information likely to be obtained is 
relevant to an ongoing criminal investigation being 
conducted by that agency.’’. 
SEC. 108. ORDERS FOR PEN REGISTERS AND TRAP AND 
TRACE 
DEVICES 
FOR 
FOREIGN 
INTEL-
LIGENCE PURPOSES. 
(a) APPLICATION.—Section 402(c) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) 
is amended— 
(1) in paragraph (1), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (2)— 
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(A) by striking ‘‘a certification by the ap-
plicant’’ and inserting ‘‘a statement of the spe-
cific and articulable facts relied upon by the ap-
plicant to justify the belief of the applicant’’; 
and 
(B) by striking the period at the end and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) a statement of proposed minimization pro-
cedures.’’. 
(b) MINIMIZATION PROCEDURES.— 
(1) DEFINITION.—Section 401 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 
1841) is amended by adding at the end the fol-
lowing: 
‘‘(4) 
The 
term 
‘minimization 
procedures’ 
means— 
‘‘(A) specific procedures that are reason-
ably designed in light of the purpose and tech-
nique of an order for the installation and use 
of a pen register or trap and trace device, to 
minimize the retention, and prohibit the dis-
semination, of nonpublicly available information 
concerning unconsenting United States persons 
consistent with the need of the United States to 
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obtain, produce, and disseminate foreign intel-
ligence information; 
‘‘(B) procedures that require that nonpub-
licly available information, which is not foreign 
intelligence information shall not be dissemi-
nated in a manner that identifies any United 
States person, without such person’s consent, 
unless such person’s identity is necessary to un-
derstand foreign intelligence information or as-
sess its importance; and 
‘‘(C) notwithstanding subparagraphs (A) 
and (B), procedures that allow for the retention 
and dissemination of information that is evi-
dence of a crime which has been, is being, or 
is about to be committed and that is to be re-
tained or disseminated for law enforcement pur-
poses.’’. 
(2) PEN REGISTERS AND TRAP AND TRACE DE-
VICES.—Section 402 of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1842) is amend-
ed— 
(A) in subsection (d)— 
(i) in paragraph (1)— 
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(I) by striking ‘‘finds that the 
application’’ and inserting the fol-
lowing: ‘‘finds that— 
‘‘(A) the application’’; 
(II) in subparagraph (A), as des-
ignated by subclause (I) of this clause, 
by striking ‘‘section.’’ and inserting 
‘‘section; and’’; and 
(III) by adding at the end the 
following new subparagraph: 
‘‘(B) the proposed minimization procedures 
meet the definition of minimization procedures 
under this title.’’. 
(ii) in paragraph (2)(B)— 
(I) in clause (ii)(II), by striking 
‘‘and’’ after the semicolon; and 
(II) by adding at the end the fol-
lowing: 
‘‘(iv) the minimization procedures be 
followed; and’’; and 
(B) by adding at the end the following: 
‘‘(h) At or before the end of the period of time for 
which the installation and use of a pen register or trap 
and trace device is approved under an order or an exten-
sion under this section, the judge may assess compliance 
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with the minimization procedures by reviewing the cir-
cumstances under which information concerning United 
States persons was retained or disseminated.’’. 
(3) EMERGENCIES.—Section 403 of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1843) is amended— 
(A) by redesignating subsection (c) as (d); 
and 
(B) by inserting after subsection (b) the 
following: 
‘‘(c) If the Attorney General authorizes the emer-
gency installation and use of a pen register or trap and 
trace device under this section, the Attorney General shall 
require that the minimization procedures required by this 
title for the issuance of a judicial order be followed.’’. 
(4) USE OF INFORMATION.—Section 405(a)(1) 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1845(a)(1)) is amended by inserting 
‘‘and the minimization procedures required to be fol-
lowed under the order authorizing the acquisition of 
such information under section 402 or under sub-
section (c) of section 403 for an emergency acquisi-
tion under such section’’ before the period. 
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SEC. 109. PUBLIC REPORTING ON THE FOREIGN INTEL-
LIGENCE SURVEILLANCE ACT OF 1978. 
Section 601 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1871) is amended— 
(1) by redesignating subsections (b) through (e) 
as subsections (c) through (f), respectively; 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) PUBLIC REPORT.—The Attorney General shall 
make publicly available the portion of each report under 
subsection (a) relating to paragraph (1) of such sub-
section.’’; and 
(3) in subsection (e), as so redesignated, by 
striking ‘‘subsection (c)’’ and inserting ‘‘subsection 
(d)’’. 
SEC. 110. CHALLENGES TO NATIONWIDE ORDERS FOR 
ELECTRONIC EVIDENCE. 
Section 2703 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(h) JUDICIAL REVIEW.—A provider of electronic 
communication service or remote computing service may 
challenge a subpoena, order, or warrant requiring disclo-
sure of customer communications or records under this 
section in— 
‘‘(1) the United States district court for the 
district in which the order was issued; or 
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‘‘(2) the United States district court for the 
district in which the order was served.’’. 
TITLE II—NATIONAL SECURITY 
LETTER REFORM 
SEC. 201. SHORT TITLE. 
This title may be referred to as the ‘‘National Secu-
rity Letter Reform Act of 2009’’. 
SEC. 202. SUNSET. 
(a) IN GENERAL.—Effective on December 31, 2013, 
the following provisions of law are amended to read as 
such provisions read on October 25, 2001: 
(1) Section 2709 of title 18, United States 
Code. 
(2) Section 1114(a)(5) of the Right to Finan-
cial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)). 
(3) Subsections (a) and (b) of section 626 of 
the Fair Credit Reporting Act (15 U.S.C. 1681u). 
(4) Section 627 of the Fair Credit Reporting 
Act (15 U.S.C. 1681v). 
(5) Section 802 of the National Security Act of 
1947 (50 U.S.C. 436). 
(b) TRANSITION PROVISION.—Notwithstanding sub-
section (a), the provisions of law referred to in subsection 
(a), as in effect on December 30, 2013, shall continue to 
apply after December 31, 2013, with respect to any par-
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ticular foreign intelligence investigation or with respect to 
any particular offense or potential offense that began or 
occurred before December 31, 2013. 
SEC. 203. NATIONAL SECURITY LETTER DEFINED. 
In this title, the term ‘‘national security letter’’ 
means a request for information under one of the following 
provisions of law: 
(1) Section 2709(a) of title 18, United States 
Code (to access certain communication service pro-
vider records). 
(2) Section 1114(a)(5)(A) of the Right to Fi-
nancial Privacy Act (12 U.S.C. 3414(a)(5)(A)) (to 
obtain financial institution customer records). 
(3) Section 626 of the Fair Credit Reporting 
Act (15 U.S.C. 1681u) (to obtain certain financial 
information and consumer reports). 
(4) Section 627 of the Fair Credit Reporting 
Act (15 U.S.C. 1681v) (to obtain credit agency con-
sumer records for counterterrorism investigations). 
(5) Section 802 of the National Security Act of 
1947 (50 U.S.C. 436). 
SEC. 204. MODIFICATION OF STANDARD. 
A national security letter may not be issued unless 
the official having authority under law to issue that letter 
documents in a separate writing specific and articulable 
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facts showing that there are reasonable grounds to believe 
that the information sought pertains to a foreign power 
or an agent of a foreign power. The agency under whose 
authority the letter is issued shall maintain a copy of that 
separate writing. 
SEC. 205. NOTIFICATION OF RIGHT TO JUDICIAL REVIEW 
OF NONDISCLOSURE ORDER. 
If a recipient of a national security letter is subject 
to a nondisclosure requirement imposed in connection with 
that national security letter, the official issuing that letter 
shall, simultaneously with its issuance, inform the recipi-
ent of the right of the recipient to judicial review of that 
requirement and that the requirement will remain in effect 
during the pendency of any judicial review proceedings. 
SEC. 206. DISCLOSURE FOR LAW ENFORCEMENT PUR-
POSES. 
No information acquired by a national security letter 
shall be disclosed for law enforcement purposes unless 
such disclosure is accompanied by a statement that such 
information, or any information derived therefrom, may 
only be used in a criminal proceeding with the advance 
authorization of the Attorney General. 
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SEC. 207. JUDICIAL REVIEW OF NATIONAL SECURITY LET-
TER NONDISCLOSURE ORDER. 
Section 3511(b) of title 18, United States Code, is 
amended to read as follows: 
‘‘(b) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) NOTICE.—If a recipient of a request 
or order for a report, records, or other informa-
tion under section 2709 of this title, section 
626 or 627 of the Fair Credit Reporting Act 
(15 U.S.C. 1681u and 1681v), section 1114 of 
the Right to Financial Privacy Act (12 U.S.C. 
3414), or section 802 of the National Security 
Act of 1947 (50 U.S.C. 436), wishes to have a 
court review a nondisclosure requirement im-
posed in connection with the request, the recipi-
ent shall notify the Government. 
‘‘(B) APPLICATION.—Not later than 30 
days after the date of receipt of a notification 
under subparagraph (A), the Government shall 
apply for an order prohibiting the disclosure of 
particular information about the existence or 
contents of the relevant request or order. An 
application under this subparagraph may be 
filed in the district court of the United States 
for any district within which the authorized in-
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vestigation that is the basis for the request or 
order is being conducted. The applicable non-
disclosure requirement shall remain in effect 
during the pendency of proceedings relating to 
the requirement. 
‘‘(C) CONSIDERATION.—A district court of 
the United States that receives an application 
under subparagraph (B) should rule expedi-
tiously, and may issue a nondisclosure order for 
a period of not longer than 180 days. 
‘‘(D) DENIAL.—If a district court of the 
United States rejects an application for a non-
disclosure order or extension thereof, the non-
disclosure requirement shall no longer be in ef-
fect. 
‘‘(2) APPLICATION CONTENTS.—An application 
for a nondisclosure order or extension thereof under 
this subsection shall include a certification from the 
Attorney General, Deputy Attorney General, an As-
sistant Attorney General, or the Director of the Fed-
eral Bureau of Investigation, or in the case of a re-
quest by a department, agency, or instrumentality of 
the Federal Government other than the Department 
of Justice, the head or deputy head of the depart-
ment, agency, or instrumentality, of the existence of 
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a result described in subparagraphs (A) through (D) 
and a statement of specific and articulable facts in-
dicating that, absent a prohibition of disclosure 
under this subsection, there may result— 
‘‘(A) a danger to the national security of 
the United States; 
‘‘(B) interference with a criminal, counter-
terrorism, or counterintelligence investigation; 
‘‘(C) interference with diplomatic relations; 
or 
‘‘(D) danger to the life or physical safety 
of any person. 
‘‘(3) STANDARD.—A district court of the 
United States may issue a nondisclosure require-
ment order or extension thereof under this sub-
section if the court determines that there is reason 
to believe that disclosure of the information subject 
to the nondisclosure requirement during the applica-
ble time period will have a result described in para-
graph (2). 
‘‘(4) RENEWAL.—A nondisclosure order under 
this subsection may be renewed for additional peri-
ods of not longer than 180 days each, upon a deter-
mination by the court that a result described in 
paragraph (2) justifies the renewal. 
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‘‘(5) EARLY TERMINATION OF NONDISCLOSURE 
ORDER.—A nondisclosure order the Government ap-
plied for under paragraph (1)(B) ceases to have ef-
fect when the Government discovers that the factual 
basis for that order has ceased to exist and the Gov-
ernment so informs the order’s recipient. The Gov-
ernment upon making such a discovery shall prompt-
ly so informs the recipient.’’. 
SEC. 208. MINIMIZATION PROCEDURES. 
The Attorney General shall establish minimization 
and destruction procedures to ensure that information ob-
tained pursuant to a national security letter regarding per-
sons that are no longer of interest in an authorized inves-
tigation is destroyed. Such procedures shall be transmitted 
to the Permanent Select Committee on Intelligence and 
the Committee on the Judiciary of the House of Rep-
resentatives and the Select Committee on Intelligence and 
the Committee on the Judiciary of the Senate in unclassi-
fied format within 3 months of passage, and shall in-
clude— 
(1) specific procedures, that are reasonably de-
signed in light of the purpose and technique of the 
particular surveillance, to minimize the acquisition 
and retention, and prohibit the dissemination, of 
nonpublicly 
available 
information 
concerning 
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unconsenting United States persons consistent with 
the need of the United States to obtain, produce, 
and disseminate foreign intelligence information; 
(2) procedures that provide for the destruction 
of information relating to United States persons that 
do not reflect activity that would lead a reasonable 
agent or analyst to believe that the person is an 
agent of a foreign power as defined in section 101 
of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1801(b)); 
(3) procedures for identifying whether the infor-
mation returned in response to a national security 
letter exceeds the scope of the original request and 
further procedures for returning or destroying the 
superfluous information as soon as possible and be-
fore it is entered into any database or used in any 
way; and 
(4) deadlines for destruction, minimization, or 
return of information described in paragraphs (1) 
through (3), that require such destruction, mini-
mization, or return as soon as possible. 
Æ 
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