under this title’’ before the period at the 
end; and 
(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) if applicable, 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 
with any applicable minimization procedures by reviewing 
the circumstances 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 sub-
section (d); and 
(B) by inserting after subsection (b) the 
following: 
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‘‘(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 minimization procedures be followed, if appro-
priate.’’. 
(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 ‘‘or 
minimization procedures required under this title, if 
ordered or determined appropriate by the Attorney 
General under section 403(c)’’ after ‘‘provisions of 
this section’’. 
(c) AUDITS.— 
(1) IN
GENERAL.—The Inspector General of 
the Department of Justice shall perform comprehen-
sive audits of the effectiveness and use, including 
any improper or illegal use, of pen registers and trap 
and trace devices under title IV of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1841 et 
seq.) during the period beginning on January 1, 
2007, and ending on December 31, 2013. 
(2) 
REQUIREMENTS.—The 
audits 
required 
under paragraph (1) shall include— 
(A) an examination of the use of pen reg-
isters and trap and trace devices under title IV 
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of the Foreign Intelligence Surveillance Act of 
1978 for calendar years 2007 through 2013; 
(B) an examination of the installation and 
use of a pen register or trap and trace device 
on emergency bases under section 403 of the 
Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1843); 
(C) any noteworthy facts or circumstances 
relating to the use of a pen register or trap and 
trace device under title IV of the Foreign Intel-
ligence Surveillance Act of 1978, including any 
improper or illegal use of the authority provided 
under that title; and 
(D) an examination of the effectiveness of 
the authority under title IV of the Foreign In-
telligence Surveillance Act of 1978 as an inves-
tigative tool, including— 
(i) the importance of the information 
acquired to the intelligence activities of the 
Federal Bureau of Investigation or any 
other department or agency of the Federal 
Government; 
(ii) the manner in which the informa-
tion is collected, retained, analyzed, and 
disseminated by the Federal Bureau of In-
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vestigation, including any direct access to 
the information provided to any other de-
partment, agency, or instrumentality of 
Federal, State, local, or tribal governments 
or any private sector entity; 
(iii) with respect to calendar years 
2010 through 2013, an examination of the 
minimization procedures used in relation to 
pen registers and trap and trace devices 
under title IV of the Foreign Intelligence 
Surveillance Act of 1978 and whether the 
minimization procedures protect the con-
stitutional rights of United States persons 
(as defined in section 101 of the Foreign 
Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801)); 
(iv) whether, and how often, the Fed-
eral Bureau of Investigation used informa-
tion acquired under a pen register or trap 
and trace device under title IV of the For-
eign Intelligence Surveillance Act of 1978 
to produce an analytical intelligence prod-
uct for distribution within the Federal Bu-
reau of Investigation, to the intelligence 
community (as defined in section 3(4) of 
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CPrice-Sewell on DSKGBLS3C1PROD with BILLS
the National Security Act of 1947 (50 
U.S.C. 401a(4))), or to other Federal, 
State, local, or tribal government depart-
ments, agencies, or instrumentalities; and 
(v) whether, and how often, the Fed-
eral Bureau of Investigation provided in-
formation acquired under a pen register or 
trap and trace device under title IV of the 
Foreign Intelligence Surveillance Act of 
1978 to law enforcement authorities for 
use in criminal proceedings. 
(3) SUBMISSION DATES.— 
(A) PRIOR YEARS.—Not later than Decem-
ber 31, 2010, the Inspector General of the De-
partment of Justice shall submit to the Com-
mittee on the Judiciary and the Select Com-
mittee on Intelligence of the Senate and the 
Committee on the Judiciary and the Permanent 
Select Committee on Intelligence of the House 
of Representatives a report containing the re-
sults of the audit conducted under this section 
for calendar years 2007 through 2009. 
(B) CALENDAR
YEARS
2010
AND
2011.— 
Not later than December 31, 2012, the Inspec-
tor General of the Department of Justice shall 
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CPrice-Sewell on DSKGBLS3C1PROD with BILLS
submit to the Committee on the Judiciary and 
the Select Committee on Intelligence of the 
Senate and the Committee on the Judiciary and 
the Permanent Select Committee on Intelligence 
of the House of Representatives a report con-
taining the results of the audit conducted under 
this section for calendar years 2010 and 2011. 
(C) CALENDAR YEARS 2012 AND 2013.—Not 
later than December 31, 2014, the Inspector 
General of the Department of Justice shall sub-
mit to the Committee on the Judiciary and the 
Select Committee on Intelligence of the Senate 
and the Committee on the Judiciary and the 
Permanent Select Committee on Intelligence of 
the House of Representatives a report con-
taining the results of the audit conducted under 
this section for calendar years 2010 and 2011. 
(4) PRIOR NOTICE TO ATTORNEY GENERAL AND 
DIRECTOR
OF
NATIONAL
INTELLIGENCE; 
COM-
MENTS.— 
(A) NOTICE.—Not less than 30 days be-
fore the submission of a report under subpara-
graph (A), (B), or (C) of paragraph (3), the In-
spector General of the Department of Justice 
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shall provide the report to the Attorney General 
and the Director of National Intelligence. 
(B) COMMENTS.—The Attorney General or 
the Director of National Intelligence may pro-
vide such comments to be included in a report 
submitted under subparagraph (A), (B), or (C) 
of paragraph (3) as the Attorney General or the 
Director of National Intelligence may consider 
necessary. 
(5) UNCLASSIFIED FORM.—A report submitted 
under subparagraph (A), (B), or (C) of paragraph 
(3) and any comments included under paragraph 
(4)(B) shall be in unclassified form, but may include 
a classified annex. 
Æ 
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