Permanent Select Committee on Intelligence of the 
House of Representatives 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, including any im-
proper 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, 2012. 
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(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 grant-
ed, modified, or denied the application (includ-
ing an examination of the basis for any modi-
fication 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 sec-
tion 403 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1843); 
(C) whether the Federal Bureau of Inves-
tigation requested that the Department of Jus-
tice submit an application for an order or ex-
tension of an order under title IV of the For-
eign Intelligence Surveillance Act of 1978 and 
the request was not submitted to the court (in-
cluding an examination of the basis for not sub-
mitting the application); 
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(D) whether bureaucratic or procedural 
impediments to the use of pen registers and 
trap and trace devices under title IV of the 
Foreign Intelligence Surveillance Act of 1978 
prevent the Federal Bureau of Investigation 
from taking full advantage of the authorities 
provided under that title; 
(E) 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 
(F) 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 2012, 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; 
(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 
the National Security Act of 1947 (50 
U.S.C. 401a(4))), or to other Federal, 
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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 thorough 2009. 
(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 
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Judiciary and the Select Committee on Intel-
ligence 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 results of the audit con-
ducted under this section for the previous cal-
endar year. 
(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) or (B) of paragraph (3), the Inspec-
tor General of the Department of Justice 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) or (B) 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) or (B) of paragraph (3) 
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