[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3845 Introduced in House (IH)]

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. 
 Johnson 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 period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee 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 Representatives 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 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 intelligence 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 target is a 
        single individual''; and
            (2) in section 105(a)--
                    (A) in paragraph (3), by striking ``and'';
                    (B) in paragraph (4), by striking the period and 
                inserting ``; and''; and
                    (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 application 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 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.--
            (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 inserting ``tangible things''; 
                and
                    (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 amendments.--
                    (A) Title heading.--Title V of the Foreign 
                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 Intelligence 
                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 international 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;'';
                    (B) in subparagraph (E), by striking ``subsection 
                (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 
                        subsection.''; 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 
                        ``production 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 paragraph (3); and
            (2) by inserting after paragraph (1) the following 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 tangible things under such order, a judge may 
        assess compliance with the minimization procedures required to 
        be followed under such order by reviewing the circumstances 
        under which information concerning United States persons was 
        retained or disseminated.''.
    (d) Exemption of Bookstores and Libraries From Orders Requiring the 
Production of Any Tangible Things for Certain Foreign Intelligence 
Investigations.--Section 501 of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1861) is amended--
            (1) in subsection (a)(3)--
                    (A) by striking ``library patron lists,''; and
                    (B) by striking ``book customer lists,''; and
            (2) by adding at the end the following new subsection:
    ``(i) Prohibition on Application for Certain Information From 
Booksellers and Libraries.--
            ``(1) In general.--No application may be made under this 
        section with either the purpose or effect of searching for, or 
        seizing from, a bookseller or library documentary materials 
        that contain personally identifiable information concerning a 
        patron of a bookseller or library.
            ``(2) Definitions.--In this subsection:
                    ``(A) The term `bookseller' means any person or 
                entity engaged in the sale, rental or delivery of 
                books, journals, magazines or other similar forms of 
                communication in print or digitally.
                    ``(B) The term `library' has the meaning given that 
                term under section 213(2) of the Library Services and 
                Technology Act (20 U.S.C. 9122(2)) whose services 
                include access to the Internet, books, journals, 
                magazines, newspapers, or other similar forms of 
                communication in print or digitally to patrons for 
                their use, review, examination, or circulation.
                    ``(C) The term `patron' means any purchaser, 
                renter, borrower, user, or subscriber of goods or 
                services from a library or bookseller.
                    ``(D) The term `documentary materials' means any 
                document, tape, or other communication created by a 
                bookseller or library in connection with print or 
                digital dissemination of a book, journal, magazine, 
                newspaper, or other similar form of communication, 
                including access to the Internet.
                    ``(E) The term `personally identifiable 
                information' includes information that identifies a 
                person as having used, requested, or obtained specific 
                reading materials or services from a bookseller or 
                library.''.

SEC. 104. SUNSET RELATING TO INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN 
              POWERS.

    Section 6001(b) of the Intelligence Reform and Terrorism 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 inserting 
                ``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)--
                    (A) by striking ``Exception.--With respect to'' and 
                inserting ``Exception.--
                    ``(A) Existing investigations.--With respect to''; 
                and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Reports.--Notwithstanding the repeals made by 
                paragraph (1), the first report required under section 
                601(a) of the Foreign Intelligence 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 individuals 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 PATRIOT 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 ``calendar 
                year 2006'' and inserting ``each of calendar years 2006 
                through 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 General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        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 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 General of the Department of Justice shall 
        submit to the Committee on the Judiciary and the 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 preceding 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 ``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 General of the Department of 
        Justice shall submit to the Committee on the Judiciary and the 
        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 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 General of the Department of Justice shall 
        submit to the Committee on the Judiciary and the 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 Devices.--
            (1) Audits.--The Inspector General of the Department of 
        Justice shall perform comprehensive 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 Intelligence 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.
            (2) Requirements.--The audits required under paragraph (1) 
        shall include--
                    (A) an examination of each instance in which the 
                Attorney General or any other attorney for the 
                Government submitted an application 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 installation 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 Investigation 
                requested that the Department of Justice submit an 
                application for an order or extension of an order under 
                title IV of the Foreign Intelligence Surveillance Act 
                of 1978 and the request was not submitted to the court 
                (including an examination of the basis for not 
                submitting the application);
                    (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 Intelligence 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 Intelligence 
                Surveillance Act of 1978 as an investigative 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 information is 
                        collected, retained, analyzed, and disseminated 
                        by the Federal Bureau of Investigation, 
                        including any direct access to the information 
                        provided to any other department, 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 
                        constitutional rights of United States persons;
                            (iv) whether, and how often, the Federal 
                        Bureau of Investigation used information 
                        acquired under a pen register or trap and trace 
                        device under title IV of the Foreign 
                        Intelligence Surveillance Act of 1978 to 
                        produce an analytical intelligence product for 
                        distribution within the Federal Bureau 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, State, local, or tribal 
                        government departments, agencies, or 
                        instrumentalities; and
                            (v) whether, and how often, the Federal 
                        Bureau of Investigation provided information 
                        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 December 31, 2010, 
                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 containing the results 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 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 containing 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 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 provide 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) and any comments 
        included under paragraph (4)(B) shall be in unclassified form, 
        but may include a classified 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 individual, result in flight from 
                prosecution, result in the destruction of or tampering 
                with the evidence sought under the warrant, or result 
                in intimidation 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 believe that notice of the execution of the 
        warrant will 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 
        warrant, or result in intimidation of potential 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 applicant 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 INTELLIGENCE PURPOSES.

    (a) Application.--Section 402(c) of the Foreign Intelligence 
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 
                applicant'' and inserting ``a statement of the specific 
                and articulable facts 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 procedures.''.
    (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 following:
            ``(4) The term `minimization procedures' means--
                    ``(A) specific procedures that are reasonably 
                designed in light of the purpose and technique of an 
                order for the installation and use of a pen register or 
                trap and trace device, to minimize the retention, and 
                prohibit the dissemination, of nonpublicly available 
                information concerning unconsenting United States 
                persons consistent with the need of the United States 
                to obtain, produce, and disseminate foreign 
                intelligence information;
                    ``(B) procedures that require that nonpublicly 
                available information, which is not foreign 
                intelligence information shall not be disseminated in a 
                manner that identifies any United States person, 
                without such person's consent, unless such person's 
                identity is necessary to understand 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 evidence 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 devices.--Section 402 
        of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1842) is amended--
                    (A) in subsection (d)--
                            (i) in paragraph (1)--
                                    (I) by striking ``finds that the 
                                application'' and inserting the 
                                following: ``finds that--
                    ``(A) the application'';
                                    (II) in subparagraph (A), as 
                                designated 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 
                                following:
                            ``(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 extension under this section, the judge 
may assess compliance with the minimization procedures by reviewing the 
circumstances 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 (d); and
                    (B) by inserting after subsection (b) the 
                following:
    ``(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 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 followed under the order authorizing the acquisition of 
        such information under section 402 or under subsection (c) of 
        section 403 for an emergency acquisition under such section'' 
        before the period.

SEC. 109. PUBLIC REPORTING ON THE FOREIGN INTELLIGENCE 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 following:
    ``(b) Public Report.--The Attorney General shall make publicly 
available the portion of each report under subsection (a) relating to 
paragraph (1) of such subsection.''; 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 disclosure 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
            ``(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 Security 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 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 subsection (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 particular 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 provider records).
            (2) Section 1114(a)(5)(A) of the Right to Financial 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 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 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 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 recipient 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 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 information, or any information 
derived therefrom, may only be used in a criminal proceeding with the 
advance authorization of the Attorney General.

SEC. 207. JUDICIAL REVIEW OF NATIONAL SECURITY LETTER 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 section 802 of the National Security 
                Act of 1947 (50 U.S.C. 436), wishes to have a court 
                review a nondisclosure requirement imposed in 
                connection 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 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 investigation that is the basis for the 
                request or order is being conducted. The applicable 
                nondisclosure 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 expeditiously, 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 nondisclosure order 
                or extension thereof, the nondisclosure requirement 
                shall no longer be in effect.
            ``(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 Assistant Attorney General, or the 
        Director of the Federal Bureau of Investigation, or in the case 
        of a request 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, 
                counterterrorism, 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 disclosure of the information subject to 
        the nondisclosure requirement 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 of not longer than 180 
        days each, upon a determination by the court that a result 
        described in paragraph (2) justifies the renewal.
            ``(5) Early termination of nondisclosure order.--A 
        nondisclosure order the Government applied 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 informs the 
        recipient.''.

SEC. 208. MINIMIZATION PROCEDURES.

    The Attorney General shall establish minimization and destruction 
procedures to ensure that information obtained pursuant to a national 
security letter regarding persons that are no longer of interest in an 
authorized investigation is destroyed. Such procedures shall be 
transmitted to the Permanent Select Committee on Intelligence and the 
Committee on the Judiciary of the House of Representatives and the 
Select Committee on Intelligence and the Committee on the Judiciary of 
the Senate in unclassified format within 3 months of passage, and shall 
include--
            (1) specific procedures, that are reasonably designed 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 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 information 
        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 before 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, minimization, or return as soon as 
        possible.
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