IB 
Union Calendar No. 240 
111TH CONGRESS 
2D SESSION 
H. R. 3845 
[Report No. 111–383, Part I] 
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 
DECEMBER 16, 2009 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 16, 2009 
Referral to the Permanent Select Committee on Intelligence and the Com-
mittee on Financial Services extended for a period ending not later than 
January 29, 2010 
JANUARY 29, 2010 
Additional sponsors: Ms. SCHAKOWSKY, Mr. HOLT, Mr. MICHAUD, and Ms. 
PINGREE of Maine 
JANUARY 29, 2010 
The Permanent Select Committee on Intelligence and the Committee on Fi-
nancial Services discharged; committed to the Committee of the Whole 
House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on October 20, 2009] 
A BILL 
To extend and modify authorities needed to combat terrorism 
and protect civil liberties, and for other purposes. 
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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: 
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 Intel-
ligence Surveillance Act of 1978. 
Sec. 104. Sunset relating to individual terrorists as agents of foreign powers. 
Sec. 105. Audits. 
Sec. 106. Criminal ‘‘sneak and peek’’ searches. 
Sec. 107. Orders for pen registers and trap and trace devices for foreign intel-
ligence purposes. 
Sec. 108. Public reporting on the Foreign Intelligence Surveillance Act of 1978. 
Sec. 109. Challenges to nationwide orders for electronic evidence. 
Sec. 110. Report on civil liberties and privacy protections. 
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. 
Sec. 209. Public reporting on National Security Letters. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Sense of Congress on level of classification of certain programs. 
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TITLE I—USA PATRIOT ACT 
RELATED AMENDMENTS 
SEC. 101. ROVING WIRETAPS. 
Section 105(c)(2)(B) of the Foreign Intelligence Sur-
veillance Act of 1978 (50 U.S.C. 1805(c)(2)(B)) is amended 
by striking ‘‘finds, based upon specific facts’’ and inserting 
‘‘finds— 
‘‘(i) that the target of the application 
is a foreign power, as defined in paragraph 
(1), (2), (3), or (6) of section 101(a), an 
agent of such a foreign power, or a specific 
individual; and 
‘‘(ii) based upon specific facts’’. 
SEC. 102. EXTENSION OF SUNSET OF SECTIONS 206 AND 215 
OF USA PATRIOT ACT. 
Section 102(b)(1) of the USA PATRIOT Improvement 
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 INTELLIGENCE 
SURVEILLANCE ACT OF 1978. 
(a) FACTUAL BASIS FOR AND ISSUANCE OF ORDERS.— 
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(1) IN GENERAL.—Section 501 of the Foreign In-
telligence 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 
(B) in subsection (b)(2)(A)— 
(i) by striking ‘‘a statement of facts 
showing’’ and inserting ‘‘a statement of the 
facts and circumstances relied upon by the 
applicant to justify the belief of the appli-
cant’’; and 
(ii) by striking ‘‘clandestine intel-
ligence activities’’ and all that follows and 
inserting ‘‘clandestine intelligence activi-
ties;’’. 
(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 head-
ing 
by 
striking 
‘‘CERTAIN 
BUSINESS 
RECORDS’’ 
and 
inserting 
‘‘TANGIBLE 
THINGS’’. 
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(B) TABLE
OF
CONTENTS.—The table of 
contents in the first section of the Foreign Intel-
ligence 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 fol-
lowing: 
‘‘TITLE V—ACCESS TO TANGIBLE THINGS FOR FOREIGN 
INTELLIGENCE PURPOSES 
‘‘Sec. 501. Access to tangible things for foreign intelligence and international ter-
rorism 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;’’; 
(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 sub-
section (f); and 
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‘‘(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)— 
(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: 
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‘‘(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 tangible 
things under such order, a judge may assess compli-
ance with the minimization procedures required to be 
followed under such order by reviewing the cir-
cumstances under which information concerning 
United States persons was retained or disseminated.’’. 
(d) REQUIREMENTS
FOR
ORDERS
FOR
CERTAIN 
RECORDS FROM LIBRARIES.—Section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 
amended— 
(1) in subsection (b)(2)— 
(A) by redesignating subparagraph (B) as 
subparagraph (C); and 
(B) by inserting after subparagraph (A) the 
following new subparagraph: 
‘‘(B) if the records sought contain bookseller 
information, or are from a library (as defined in 
section 213(1) of the Library Services and Tech-
nology Act (20 U.S.C. 9122(1))) and contain 
personally identifiable information about a pa-
tron of such library, a statement of specific and 
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articulable facts showing that there are reason-
able grounds to believe that the records sought— 
‘‘(i) are relevant to an authorized in-
vestigation (other than a threat assessment) 
conducted in accordance with subsection 
(a)(2) to obtain foreign intelligence infor-
mation not concerning a United States per-
son or to protect against international ter-
rorism or clandestine intelligence activities; 
and 
‘‘(ii)(I) pertain to a foreign power or 
an agent of a foreign power; 
‘‘(II) are relevant to the activities of a 
suspected agent of a foreign power who is 
the subject of such authorized investigation; 
or 
‘‘(III) pertain to an individual in con-
tact with, or known to, a suspected agent of 
a foreign power who is the subject of such 
authorized investigation; and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(i) BOOKSELLER INFORMATION DEFINED.—In this 
section, the term ‘bookseller information’ means personally 
identifiable information concerning the purchase (including 
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subscription purchases) or rental of books, journals, or mag-
azines, whether in print or digitally.’’. 
SEC. 104. SUNSET RELATING TO INDIVIDUAL TERRORISTS 
AS AGENTS OF FOREIGN POWERS. 
Section 6001(b) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (50 U.S.C. 1801 note; Public 
Law 108–458) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘the amendment made by 
subsection (a) shall cease to have effect’’ and in-
serting ‘‘effective’’; and 
(B) by striking the period and inserting 
‘‘— 
‘‘(A) subparagraph (C) of section 101(b)(1) 
of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801(b)(1)) is repealed; 
‘‘(B) subparagraphs (D) and (E) of such 
section are redesignated as subparagraphs (C) 
and (D), respectively; 
‘‘(C) paragraph (2) of section 601(a) of such 
Act (50 U.S.C. 1871(a)) is repealed; and 
‘‘(D) paragraphs (3), (4), and (5) of such 
section are redesignated as paragraphs (2), (3), 
and (4), respectively.’’; and 
(2) in paragraph (2)— 
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(A) by striking ‘‘EXCEPTION.—With respect 
to’’ and inserting ‘‘EXCEPTION.— 
‘‘(A) EXISTING INVESTIGATIONS.—With re-
spect to’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) REPORTS.—Notwithstanding the re-
peals made by paragraph (1), the first report re-
quired under section 601(a) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 
1871(a)) that is submitted after the effective date 
of such repeals shall include the number of indi-
viduals covered by an order issued pursuant to 
section 101(b)(1)(C) of such Act (as in effect on 
the day before such effective date).’’. 
SEC. 105. AUDITS. 
(a) TANGIBLE THINGS.—Section 106A of the USA PA-
TRIOT Improvement and Reauthorization Act of 2005 
(Public Law 109–177; 120 Stat. 200) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘2006’’ 
and inserting ‘‘2013’’; and 
(B) in paragraph (5)(C), by striking ‘‘cal-
endar year 2006’’ and inserting ‘‘each of cal-
endar years 2006 through 2013’’; 
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(2) in subsection (c), by adding at the end the 
following: 
‘‘(3) CALENDAR YEARS 2007 THROUGH 2009.— 
Not later than December 31, 2010, the Inspector Gen-
eral of the Department of Justice shall submit to the 
Committee on the Judiciary and the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives and the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate a 
report containing the results of the audit conducted 
under this section for calendar years 2007 through 
2009. 
‘‘(4) CALENDAR YEARS 2010 THROUGH 2013.— 
Not later than December 31, 2011, and annually 
thereafter until December 31, 2014, the Inspector Gen-
eral of the Department of Justice shall submit to the 
Committee on the Judiciary and the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives and the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate a 
report containing the results of the audit conducted 
under this section for the preceding calendar year.’’; 
(3) in subsection (d)— 
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(A) in paragraph (1), by striking ‘‘or 
(c)(2)’’ and inserting ‘‘, (c)(2), (c)(3), or (c)(4)’’; 
and 
(B) in paragraph (2), by striking ‘‘and 
(c)(2)’’ and inserting ‘‘, (c)(2), (c)(3), or (c)(4)’’; 
and 
(4) in subsection (e), by striking ‘‘and (c)(2)’’ 
and inserting ‘‘, (c)(2), (c)(3), or (c)(4)’’. 
(b) NATIONAL SECURITY LETTERS.—Section 119 of 
the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (Public Law 109–177; 120 Stat. 219) is amended— 
(1) in subsection (b)(1), by striking ‘‘2006’’ and 
inserting ‘‘2013’’; 
(2) in subsection (c), by adding at the end the 
following: 
‘‘(3) CALENDAR YEARS 2007 THROUGH 2009.— 
Not later than December 31, 2010, the Inspector Gen-
eral of the Department of Justice shall submit to the 
Committee on the Judiciary and the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives and the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate a 
report containing the results of the audit conducted 
under this section for calendar years 2007 through 
2009. 
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‘‘(4) CALENDAR YEARS 2010 THROUGH 2013.— 
Not later than December 31, 2011, and annually 
thereafter until December 31, 2014, the Inspector Gen-
eral of the Department of Justice shall submit to the 
Committee on the Judiciary and the Permanent Se-
lect Committee on Intelligence of the House of Rep-
resentatives and the Committee on the Judiciary and 
the Select Committee on Intelligence of the Senate a 
report containing the results of the audit conducted 
under this section for the previous calendar year.’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘or 
(c)(2)’’ and inserting ‘‘, (c)(2), (c)(3), or (c)(4)’’; 
and 
(B) in paragraph (2), by striking ‘‘or 
(c)(2)’’ and inserting ‘‘, (c)(2), (c)(3), or (c)(4)’’; 
and 
(4) in subsection (e), by striking ‘‘or (c)(2)’’ and 
inserting ‘‘, (c)(2), (c)(3), or (c)(4)’’. 
(c) PEN REGISTERS
AND TRAP
AND TRACE DE-
VICES.— 
(1) AUDITS.—The Inspector General of the De-
partment of Justice shall perform comprehensive au-
dits of the effectiveness and use by the Federal Gov-
ernment, including any improper or illegal use, of 
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pen registers and trap and trace devices under title 
IV of the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1841 et seq.) and section 3122 of title 
18, United States Code, during the period beginning 
on January 1, 2007 and ending on December 31, 
2012. 
(2) REQUIREMENTS.—The audits required under 
paragraph (1) shall include— 
(A) an examination of each instance in 
which the Attorney General or any other attor-
ney for the Government submitted an applica-
tion for an order or extension of an order under 
title IV of the Foreign Intelligence Surveillance 
Act of 1978, including whether the court granted, 
modified, or denied the application (including 
an examination of the basis for any modification 
or denial); 
(B) an examination of each instance in 
which the Attorney General authorized the in-
stallation and use of a pen register or trap and 
trace device on an emergency basis under section 
403 of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1843); 
(C) whether the Federal Bureau of Inves-
tigation requested that the Department of Justice 
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for distribution within the Federal Bureau 
of Investigation, to the intelligence commu-
nity (as defined in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 
401a(4))), or to other Federal, State, local, 
or tribal government departments, agencies, 
or instrumentalities; and 
(v) whether, and how often, the Federal 
Bureau of Investigation provided 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 
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 Com-
mittee on the Judiciary and the Permanent Se-
lect Committee on Intelligence of the House of 
Representatives a report containing the results of 
the audit conducted under this section for cal-
endar years 2007 thorough 2009. 
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(B) CALENDAR
YEARS
2010 
THROUGH 
2013.—Not later than December 31, 2011, and 
annually thereafter until December 31, 2014, the 
Inspector General of the Department of Justice 
shall 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 the previous calendar year. 
(4) PRIOR NOTICE TO ATTORNEY GENERAL AND 
DIRECTOR OF NATIONAL INTELLIGENCE; COMMENTS.— 
(A) NOTICE.—Not less than 30 days before 
the submission of a report under subparagraph 
(A) or (B) of paragraph (3), the Inspector Gen-
eral of the Department of Justice shall provide 
the report to the Attorney General and the Direc-
tor 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) or (B) of 
paragraph (3) as the Attorney General or the 
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Director of National Intelligence may consider 
necessary. 
(5) UNCLASSIFIED FORM.—A report submitted 
under subparagraph (A) or (B) of paragraph (3) and 
any comments included under paragraph (4)(B) shall 
be in unclassified form, but may include a classified 
annex. 
SEC. 106. CRIMINAL ‘‘SNEAK AND PEEK’’ 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 ‘‘may 
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, or is likely to 
otherwise seriously jeopardize an investigation or 
unduly delay a trial’’; and 
(B) in paragraph (3), by striking ‘‘30 
days’’ and all that follows and inserting ‘‘7 days 
after the date of its execution.’’; and 
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(2) in subsection (c), by striking ‘‘for good cause 
shown’’ and all that follows and inserting ‘‘upon ap-
plication 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 believe that 
notice of the execution of the warrant may endanger 
the life or physical safety of an individual, result in 
flight from prosecution, result in the destruction of or 
tampering with the evidence sought under the war-
rant, or result in intimidation of potential witnesses, 
or is likely to otherwise seriously jeopardize an inves-
tigation or unduly delay a trial.’’. 
SEC. 107. 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)— 
(A) by striking ‘‘a certification by the ap-
plicant’’ and inserting ‘‘a statement of the facts 
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relied upon by the applicant 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.— 
(1) DEFINITION.—Section 401 of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1841) 
is amended by adding at the end the following: 
‘‘(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 mini-
mize the retention, and prohibit the dissemina-
tion, of nonpublicly available information known 
to concern unconsenting United States persons 
consistent with the need of the United States to 
obtain, produce, and disseminate foreign intel-
ligence information; 
‘‘(B) procedures that require that nonpub-
licly available information, which is not foreign 
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intelligence information shall not be dissemi-
nated in a manner that identifies any United 
States person, without such person’s consent, un-
less such person’s identity is necessary to under-
stand foreign intelligence information or assess 
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 retained 
or disseminated for law enforcement purposes.’’. 
(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 amended— 
(A) in subsection (d)(2)— 
(i) in subparagraph (C)(i)(VII), by 
striking ‘‘; and’’ and inserting ‘‘;’’; 
(ii) in subparagraph (C)(ii)(IV), by 
striking the period at the end and inserting 
‘‘; and’’; and 
(iii) by adding at the end the following 
new subparagraph: 
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‘‘(D) shall, if the judge finds that there are 
exceptional circumstances, direct that minimiza-
tion procedures be followed.’’; 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 extension under 
this section, the judge may assess compliance with any ap-
plicable minimization procedures by reviewing the cir-
cumstances under which information concerning United 
States persons was retained or disseminated.’’. 
(3) EMERGENCIES.—Section 403 of the Foreign 
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 fol-
lowing: 
‘‘(c) If the Attorney General authorizes the emergency 
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 appropriate.’’. 
(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 
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minimization procedures under this title, if required’’ 
after ‘‘provisions of this section’’. 
SEC. 108. 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 strik-
ing ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’. 
SEC. 109. CHALLENGES TO NATIONWIDE ORDERS FOR 
ELECTRONIC EVIDENCE. 
Section 2703 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘(h) JUDICIAL REVIEW.—A provider of electronic com-
munication service or remote computing service may chal-
lenge a subpoena, order, or warrant requiring disclosure of 
customer communications or records under this section 
in— 
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‘‘(1) the United States district court for the dis-
trict in which the order was issued; or 
‘‘(2) the United States district court for the dis-
trict in which the order was served.’’. 
SEC. 110. REPORT ON CIVIL LIBERTIES AND PRIVACY PRO-
TECTIONS. 
Not later than 180 days after the date of the enactment 
of this Act, the President shall submit to the Committee on 
the Judiciary and the Permanent Select Committee on In-
telligence of the House of Representatives and the Com-
mittee on the Judiciary and the Select Committee on Intel-
ligence of the Senate a report describing— 
(1) whether operations conducted pursuant to or-
ders issued under section 501 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1861) 
could be modified in a manner that enhances protec-
tions for civil liberties; and 
(2) the nature of any potential modifications, the 
likely costs of such modifications, any technical chal-
lenges, and any potential impact on such operations. 
TITLE II—NATIONAL SECURITY 
LETTER REFORM 
SEC. 201. SHORT TITLE. 
This title may be referred to as the ‘‘National Security 
Letter Reform Act of 2009’’. 
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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 Financial 
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-
ticular foreign intelligence investigation or with respect to 
any particular offense or potential offense that began or oc-
curred 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 provi-
sions of law: 
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(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 Finan-
cial 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 infor-
mation and consumer reports). 
(4) Section 627 of the Fair Credit Reporting Act 
(15 U.S.C. 1681v) (to obtain credit agency consumer 
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) IN GENERAL.—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 facts showing that there are reasonable 
grounds to believe that the information sought— 
(1) pertains to a foreign power or an agent of 
a foreign power; 
(2) is relevant to the activities of a suspected 
agent of a foreign power that is the subject of such au-
thorized investigation; or 
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(3) pertains to an individual in contact with, or 
personally known to, a suspected agent of a foreign 
power that is the subject of such authorized investiga-
tion. 
(b) MAINTENANCE.—The agency under whose author-
ity a national security letter is issued shall maintain a 
copy of a separate writing required under subsection (a). 
(c) DEFINITIONS.—In this section, the terms ‘‘foreign 
power’’ and ‘‘agent of a foreign power’’ have the meaning 
given such terms in section 101 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801). 
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 recipient 
of the right of the recipient to judicial review of that re-
quirement and that the requirement will remain in effect 
during the pendency of any judicial review proceedings. 
SEC. 206. DISCLOSURE FOR LAW ENFORCEMENT PURPOSES. 
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 infor-
mation may only be used in a criminal proceeding with 
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the advance authorization of the Attorney General, or a des-
ignee of the Attorney General at a level not lower than Sec-
tion Chief of a division of the Department of Justice. 
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 information 
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 sec-
tion 802 of the National Security Act of 1947 
(50 U.S.C. 436), wishes to have a court review 
a nondisclosure requirement imposed in connec-
tion with the request, the recipient 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 par-
ticular information about the existence or con-
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tents of the relevant request or order. An appli-
cation under this subparagraph may be filed in 
the district court of the United States for any 
district within which the authorized investiga-
tion that is the basis for the request or order is 
being conducted. The applicable nondisclosure re-
quirement shall remain in effect during the 
pendency of proceedings relating to the require-
ment. 
‘‘(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-
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quest by a department, agency, or instrumentality of 
the Federal Government other than the Department of 
Justice, the head or deputy head of the department, 
agency, or instrumentality, of the existence of a result 
described in subparagraphs (A) through (D) and a 
statement of specific and articulable facts indicating 
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 requirement order 
or extension thereof under this subsection if the court 
determines that there is reason to believe that disclo-
sure of the information subject to the nondisclosure re-
quirement during the applicable time period will have 
a result described in paragraph (2). 
‘‘(4) RENEWAL.—A nondisclosure order under 
this subsection may be renewed for additional periods 
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of not longer than 180 days each, upon a determina-
tion by the court that a result described in paragraph 
(2) justifies the renewal. 
‘‘(5) EARLY
TERMINATION
OF
NONDISCLOSURE 
ORDER.—A nondisclosure order the Government ap-
plied for under paragraph (1)(B) ceases to have effect 
when the Government discovers that the factual basis 
for that order has ceased to exist and the Government 
so informs the order’s recipient. The Government 
upon making such a discovery shall promptly so in-
forms the recipient.’’. 
SEC. 208. MINIMIZATION. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall— 
(1) establish minimization procedures governing 
the acquisition, retention, and dissemination by the 
Federal Bureau of Investigation of any records re-
ceived by the Federal Bureau of Investigation in re-
sponse to a national security letter; and 
(2) submit to the Committee on the Judiciary 
and the Select Committee on Intelligence of the Senate 
and the Committee on the Judiciary and the Perma-
nent Select Committee on Intelligence of the House of 
Representatives a copy of the minimization proce-
dures established under paragraph (1). 
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(b) DEFINITIONS.—In this section— 
(1) 
the 
term 
‘‘minimization 
procedures’’ 
means— 
(A) specific procedures that are reasonably 
designed in light of the purpose and technique of 
a national security letter, to minimize the acqui-
sition and retention, and prohibit the dissemina-
tion, of nonpublicly available information con-
cerning unconsenting United States persons (as 
defined in section 101 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801)) con-
sistent with the need of the United States to ob-
tain, produce, and disseminate foreign intel-
ligence information; 
(B) procedures that require that nonpub-
licly available information, which is not foreign 
intelligence information (as defined in section 
101(e)(1) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be 
disseminated in a manner that identifies any 
United States person, without the consent of the 
United States person, unless the identity of the 
United States person is necessary to understand 
foreign intelligence information or assess its im-
portance; and 
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