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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3199 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         July 29, 2005.
    Resolved, That the bill from the House of Representatives (H.R. 
3199) entitled ``An Act to extend and modify authorities needed to 
combat terrorism, and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``USA PATRIOT 
Improvement and Reauthorization Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Patriot section 206; additional requirements for multipoint 
                            electronic surveillance under FISA.
Sec. 3. Patriot section 207; duration of FISA surveillance of non-
                            United States persons.
Sec. 4. Patriot section 212; enhanced oversight of good-faith emergency 
                            disclosures.
Sec. 5. Patriot section 213; limitations on delayed notice search 
                            warrants.
Sec. 6. Patriot section 214; authority for disclosure of additional 
                            information in connection with orders for 
                            pen register and trap and trace authority 
                            under FISA.
Sec. 7. Patriot section 215; procedural protections for court orders to 
                            produce records and other items in 
                            intelligence investigations.
Sec. 8. Patriot section 505; procedural protections for national 
                            security letters.
Sec. 9. Sunset provisions.
Sec. 10. Enhancement of sunshine provisions.

SEC. 2. PATRIOT SECTION 206; ADDITIONAL REQUIREMENTS FOR MULTIPOINT 
              ELECTRONIC SURVEILLANCE UNDER FISA.

    (a) Particularity Requirement.--Section 105(c)(1)(A) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)(1)(A)) is 
amended by inserting before the semicolon at the end the following: ``, 
and if the nature and location of each of the facilities or places at 
which the surveillance will be directed is not known, and if the 
identity of the target is not known, the order shall include sufficient 
information to describe a specific target with particularity''.
    (b) Additional Directions.--Section 105(c) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is amended--
            (1) by striking ``An order approving an electronic 
        surveillance under this section shall--'';
            (2) in paragraph (1), by inserting before ``specify'' the 
        following: ``Specifications.--An order approving an electronic 
        surveillance under this section shall'';
            (3) in paragraph (1)(F), by striking ``; and'' and 
        inserting a period;
            (4) in paragraph (2), by inserting before ``direct'' the 
        following: ``Directions.--An order approving an electronic 
        surveillance under this section shall''; and
            (5) by adding at the end the following:
            ``(3) Special directions for certain orders.--An order 
        approving an electronic surveillance under this section in 
        circumstances where the nature and location of each of the 
        facilities or places at which the surveillance will be directed 
        is unknown shall direct the applicant to provide notice to the 
        court within 10 days after the date on which surveillance 
        begins to be directed at any new facility or place of--
                    ``(A) the nature and location of each facility or 
                place at which the electronic surveillance is directed;
                    ``(B) the facts and circumstances relied upon by 
                the applicant to justify the applicant's belief that 
                each facility or place at which the electronic 
                surveillance is directed is being used, or is about to 
                be used, by the target of the surveillance; and
                    ``(C) a statement of any proposed minimization 
                procedures that differ from those contained in the 
                original application or order, that may be necessitated 
                by a change in the facility or place at which the 
                electronic surveillance is directed.''.
    (c) Enhanced Oversight.--
            (1) Report to congress.--Section 108(a)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)(1)) is 
        amended by inserting ``, and the Committee on the Judiciary of 
        the House of Representatives and the Committee on the Judiciary 
        of the Senate,'' after ``Senate Select Committee on 
        Intelligence''.
            (2) Modification of semiannual report requirement on 
        activities under foreign intelligence surveillance act of 
        1978.--Paragraph (2) of section 108(a) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is 
        amended to read as follows:
            ``(2) Each report under the first sentence of paragraph (1) 
        shall include a description of--
                    ``(A) the total number of applications made for 
                orders and extensions of orders approving electronic 
                surveillance under this title where the nature and 
                location of each facility or place at which the 
                electronic surveillance will be directed is not known; 
                and
                    ``(B) Each criminal case in which information 
                acquired under this Act has been authorized for use at 
                trial during the period covered by such report.''.

SEC. 3. PATRIOT SECTION 207; DURATION OF FISA SURVEILLANCE OF NON-
              UNITED STATES PERSONS.

    (a) Electronic Surveillance Orders.--Section 105(e) of the Foreign 
Intelligence Surveillance Act (50 U.S.C. 1805(e)) is amended--
            (1) in paragraph (1)(B), by striking ``, as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''; and
            (2) in paragraph (2)(B), by striking ``as defined in 
        section 101(b)(1)(A)'' and inserting ``who is not a United 
        States person''.
    (b) Physical Search Orders.--Section 304(d) of the Foreign 
Intelligence Surveillance Act (50 U.S.C. 1824(d)) is amended--
            (1) in paragraph (1)(B), striking ``as defined in section 
        101(b)(1)(A)'' and inserting ``who is not a United States 
        person''; and
            (2) in paragraph (2), striking ``as defined in section 
        101(b)(1)(A)'' and inserting ``who is not a United States 
        person''.
    (c) Pen Registers.--Section 402(e) of the Foreign Intelligence 
Surveillance Act (50 U.S.C. 1842(e)) is amended by--
            (1) inserting after ``90 days'' the first place it appears 
        the following: ``, except that in cases where the applicant has 
        certified that the information likely to be obtained is foreign 
        intelligence information not concerning a United States person, 
        an order issued under this section may be for a period not to 
        exceed 1 year''; and
            (2) inserting after ``90 days'' the second place it appears 
        the following: ``, except that in cases where the applicant has 
        certified that the information likely to be obtained is foreign 
        intelligence information not concerning a United States person, 
        an extension of an order issued under this section may be for a 
        period not to exceed 1 year''.

SEC. 4. PATRIOT SECTION 212; ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY 
              DISCLOSURES.

    (a) Enhanced Oversight.--Section 2702 of title 18, United States 
Code, is amended by adding at the end the following:
    ``(d) Reporting of Emergency Disclosures.--On an annual basis, the 
Attorney General shall submit to the Committee on the Judiciary of the 
House of Representatives and the Committee on the Judiciary of the 
Senate a report containing--
            ``(1) the number of accounts from which the Department of 
        Justice has received voluntary disclosures under subsection 
        (b)(8); and
            ``(2) a summary of the basis for disclosure in those 
        instances where--
                    ``(A) voluntary disclosures under subsection (b)(8) 
                were made to the Department of Justice; and
                    ``(B) the investigation pertaining to those 
                disclosures was closed without the filing of criminal 
                charges.''.
    (b) Technical Amendments to Conform Communications and Customer 
Records Exceptions.--
            (1) Voluntary disclosures.--Section 2702 of title 18, 
        United States Code, is amended--
                    (A) in subsection (b)(8), by striking ``Federal, 
                State, or local''; and
                    (B) by striking subsection (c)(4) and inserting the 
                following:
            ``(4) to a governmental entity, if the provider, in good 
        faith, believes that an emergency involving danger of death or 
        serious physical injury to any person requires disclosure 
        without delay of the information.''.
            (2) Definitions.--Section 2711 of title 18, United States 
        Code, is amended--
                    (A) in paragraph (2), by striking ``and'' at the 
                end;
                    (B) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(4) the term `governmental entity' means a department or 
        agency of the United States or any State or political 
        subdivision thereof.''.

SEC. 5. PATRIOT SECTION 213; LIMITATIONS ON DELAYED NOTICE SEARCH 
              WARRANTS.

    (a) Grounds for Delay.--Section 3103a(b)(1) of title 18, United 
States Code, is amended by striking ``may have an adverse result (as 
defined in section 2705);'' and inserting ``may--
                    ``(A) endanger the life or physical safety of an 
                individual;
                    ``(B) result in flight from prosecution;
                    ``(C) result in the destruction of or tampering 
                with evidence;
                    ``(D) result in intimidation of potential 
                witnesses; or
                    ``(E) otherwise seriously jeopardize an 
                investigation;''.
    (b) Limitation on Reasonable Period for Delay.--Section 3103a of 
title 18, United States Code, is amended--
            (1) by striking subsection (b)(3) and inserting the 
        following:
            ``(3) the warrant provides for the giving of such notice 
        not later than 7 days after the date of its execution, or on a 
        later date certain if the facts of the case justify a longer 
        period of delay.''; and
            (2) by adding at the end the following:
    ``(c) Extensions of Delay.--Any period of delay authorized by this 
section may be extended by the court for good cause shown, subject to 
the condition that extensions should only be granted upon an updated 
showing of the need for further delay and that each additional delay 
should be limited to periods of 90 days or less, unless the facts of 
the case justify a longer period of delay.''.
    (c) Enhanced Oversight.--Section 3103a of title 18, United States 
Code, is amended by adding at the end the following:
    ``(c) Reports.--
            ``(1) Report by judge.--Not later than 30 days after the 
        expiration of a warrant authorizing delayed notice (including 
        any extension thereof) entered under this section, or the 
        denial of such warrant (or request for extension), the issuing 
        or denying judge shall report to the Administrative Office of 
        the United States Courts--
                    ``(A) the fact that a warrant was applied for;
                    ``(B) the fact that the warrant or any extension 
                thereof was granted as applied for, was modified, or 
                was denied;
                    ``(C) the period of delay in the giving of notice 
                authorized by the warrant, and the number and duration 
                of any extensions; and
                    ``(D) the offense specified in the warrant or 
                application.
            ``(2) Report by administrative office of the united states 
        courts.--In April of each year, the Director of the 
        Administrative Office of the United States Courts shall 
        transmit to Congress a full and complete report--
                    ``(A) concerning the number of applications for 
                warrants and extensions of warrants authorizing delayed 
                notice pursuant to this section, and the number of 
                warrants and extensions granted or denied pursuant to 
                this section during the preceding calendar year; and
                    ``(B) that includes a summary and analysis of the 
                data required to be filed with the Administrative 
                Office by paragraph (1).
            ``(3) Regulations.--The Director of the Administrative 
        Office of the United States Courts, in consultation with the 
        Attorney General, is authorized to issue binding regulations 
        dealing with the content and form of the reports required to be 
        filed under paragraph (1).''.

SEC. 6. PATRIOT SECTION 214; AUTHORITY FOR DISCLOSURE OF ADDITIONAL 
              INFORMATION IN CONNECTION WITH ORDERS FOR PEN REGISTER 
              AND TRAP AND TRACE AUTHORITY UNDER FISA.

    (a) Records.--Section 402(d)(2) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (ii), by adding ``and'' at the end; 
                and
                    (B) in clause (iii), by striking the period at the 
                end and inserting a semicolon; and
            (2) in subparagraph (B)(iii), by striking the period at the 
        end and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) shall direct that, upon the request of the 
                applicant, the provider of a wire or electronic 
                communication service shall disclose to the Federal 
                officer using the pen register or trap and trace device 
                covered by the order--
                            ``(i) in the case of the customer or 
                        subscriber using the service covered by the 
                        order (for the period specified by the order)--
                                    ``(I) the name of the customer or 
                                subscriber;
                                    ``(II) the address of the customer 
                                or subscriber;
                                    ``(III) the telephone or instrument 
                                number, or other subscriber number or 
                                identifier, of the customer or 
                                subscriber, including any temporarily 
                                assigned network address or associated 
                                routing or transmission information;
                                    ``(IV) the length of the provision 
                                of service by such provider to the 
                                customer or subscriber and the types of 
                                services utilized by the customer or 
                                subscriber;
                                    ``(V) in the case of a provider of 
                                local or long distance telephone 
                                service, any local or long distance 
                                telephone records of the customer or 
                                subscriber;
                                    ``(VI) if applicable, any records 
                                reflecting period of usage (or 
                                sessions) by the customer or 
                                subscriber; and
                                    ``(VII) any mechanisms and sources 
                                of payment for such service, including 
                                the number of any credit card or bank 
                                account utilized for payment for such 
                                service; and
                            ``(ii) if available, with respect to any 
                        customer or subscriber of incoming or outgoing 
                        communications to or from the service covered 
                        by the order--
                                    ``(I) the name of such customer or 
                                subscriber;
                                    ``(II) the address of such customer 
                                or subscriber;
                                    ``(III) the telephone or instrument 
                                number, or other subscriber number or 
                                identifier, of such customer or 
                                subscriber, including any temporarily 
                                assigned network address or associated 
                                routing or transmission information; 
                                and
                                    ``(IV) the length of the provision 
                                of service by such provider to such 
                                customer or subscriber and the types of 
                                services utilized by such customer or 
                                subscriber.''.
    (b) Enhanced Oversight.--Section 406(a) of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1846(a)) is amended by inserting 
``, and the Committee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate,'' after ``of the 
Senate''.

SEC. 7. PATRIOT SECTION 215; PROCEDURAL PROTECTIONS FOR COURT ORDERS TO 
              PRODUCE RECORDS AND OTHER ITEMS IN INTELLIGENCE 
              INVESTIGATIONS.

    (a) Factual Basis for Requested Order.--
            (1) Application.--Section 501(b)(2) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is 
        amended to read as follows:
            ``(2) shall include a statement of facts showing that there 
        are reasonable grounds to believe that the records or other 
        things sought--
                    ``(A) are relevant to an authorized investigation 
                conducted in accordance with subsection (a)(2) to 
                obtain foreign intelligence information not concerning 
                a United States person or to protect against 
                international terrorism or clandestine intelligence 
                activities; and
                    ``(B)(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 contact with, 
                or known to, a suspected agent of a foreign power.''.
            (2) Order.--Section 501(c)(1) of the Foreign Intelligence 
        Surveillance Act of 1978 (50 U.S.C. 1861(c)(1)) is amended to 
        read as follows:
    ``(c)(1) Upon an application made pursuant to this section, the 
judge shall enter an ex parte order as requested, or as modified, 
approving the release of records or tangible things if the judge finds 
that--
            ``(A) the statement of facts contained in the application 
        establishes reasonable grounds to believe that the records or 
        other things sought are relevant to an authorized investigation 
        conducted in accordance with subsection (a)(2) to obtain 
        foreign intelligence information not concerning a United States 
        person or to protect against international terrorism or 
        clandestine intelligence activities;
            ``(B) the statement of facts contained in the application 
        establishes reasonable grounds to believe that the records or 
        other things sought--
                    ``(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 contact with, 
                or known to, a suspected agent of a foreign power; and
            ``(C) the application meets the other requirements of this 
        section.''.
    (b) Additional Protections.--Section 501(c) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended--
            (1) in paragraph (2), by inserting after ``An order under 
        this subsection'' the following:
                    ``(A) shall describe the tangible things concerned 
                with sufficient particularity to permit them to be 
                fairly identified;
                    ``(B) shall prescribe a return date which will 
                provide a reasonable period of time within which the 
                tangible things can be assembled and made available;
                    ``(C) shall provide clear and conspicuous notice of 
                the principles and procedures set forth in subsection 
                (d);
                    ``(D) shall not require the production of anything 
                that would be protected from production under the 
                standards applicable to a subpoena duces tecum issued 
                by a court of the United States in aid of a grand jury 
                investigation; and
                    ``(E)''.
    (c) Director Approval for Certain Applications.--Section 501(a) of 
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(a)) 
is amended--
            (1) in paragraph (1), by striking ``The Director'' and 
        inserting ``Except as provided in paragraph (3), the 
        Director''; and
            (2) by adding at the end the following:
            ``(3) No application shall be made under this section for 
        an order requiring the production of library circulation 
        records, library patron lists, book sales records, book 
        customer lists, firearms sales records, or medical records 
        containing personally identifiable information without the 
        prior written approval of the Director of the Federal Bureau of 
        Investigation. The Director may delegate authority to approve 
        such an application to the Deputy Director of the Federal 
        Bureau of Investigation, but such authority may not be further 
        delegated.''.
    (d) Prohibition on Disclosure.--Section 501(d) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is amended to 
read as follows:
    ``(d)(1) No person shall disclose to any other person that the 
Federal Bureau of Investigation has sought or obtained tangible things 
pursuant to an order under this section other than to
            ``(A) those persons to whom such disclosure is necessary to 
        comply with such order;
            ``(B) an attorney to obtain legal advice or assistance with 
        respect to the production of things in response to the order; 
        or
            ``(C) other persons as permitted by the Director of the 
        Federal Bureau of Investigation or the designee of the 
        Director.
    ``(2)(A) Any person having received a disclosure under subparagraph 
(A), (B), or (C) of paragraph (1) shall be subject to the prohibitions 
on disclosure under that paragraph.
    ``(B) Any person making a further disclosure authorized by 
subparagraph (A), (B), or (C) of paragraph (1) shall notify the person 
to whom the disclosure is made of the prohibitions on disclosure under 
this subsection.
    ``(3) An order under this section shall notify, in writing, the 
person to whom the order is directed of the nondisclosure requirements 
under this subsection.''.
    (e) Judicial Review.--Section 501 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding at the 
end the following:
    ``(f)(1)(A) Any person receiving an order to produce any tangible 
thing under this section may challenge the legality of that order, 
including any prohibition on disclosure, by filing a petition in the 
court established under section 103(a).
    ``(B) That petition may be considered by any judge of the court.
    ``(C) The judge considering the petition may modify or set aside 
the order if the judge finds that the order does not meet the 
requirements of this section or is otherwise unlawful.
    ``(D) Any petition for review of a decision to affirm, modify, or 
set aside an order or prohibition on disclosure under this paragraph by 
the United States or any person receiving such order shall be sent to 
the court of review established under section 103(b), which shall have 
jurisdiction to consider such petitions.
    ``(E) The court of review shall immediately provide for the record 
a written statement of the reasons for its decision and, on petition of 
the United States or any person receiving such order for a writ of 
certiorari, the record shall be transmitted under seal to the Supreme 
Court, which shall have jurisdiction to review such decision.
    ``(2)(A) Judicial proceedings under this subsection shall be 
concluded as expeditiously as possible.
    ``(B) The record of proceedings, including applications made and 
orders granted, shall be maintained under security measures established 
by the Chief Justice of the United States in consultation with the 
Attorney General and the Director of National Intelligence.
    ``(3) All petitions under this subsection shall be filed under 
seal, and the court, upon the request of the Government, shall review 
any Government submission, which may include classified information, as 
well as the application of the Government and related materials, ex 
parte and in camera.
    ``(4) Not later than 60 days after the date of enactment of the USA 
PATRIOT Improvement and Reauthorization Act of 2005, the court 
established under section 103(a) shall develop and issue procedures for 
the review of petitions filed under paragraph (1).''.
    (f) Enhanced Oversight.--Section 502 of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1862) is amended
            (1) in subsection (a), by inserting ``, and the Committee 
        on the Judiciary of the House of Representatives and the 
        Committee on the Judiciary of the Senate,'' after ``of the 
        Senate''; and
            (2) in subsection (b)--
                    (A) by striking ``On a semiannual basis'' through 
                ``the preceding 6-month period'' and inserting ``In 
                April of each year, the Attorney General shall transmit 
                to the Congress a report setting forth with respect to 
                the preceding calendar year'';
                    (B) in paragraph (1), by striking ``and'' at the 
                end;
                    (C) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) the total number of applications made for orders 
        approving requests for the production of tangible things under 
        section 501, and the total number of orders either granted, 
        modified, or denied, when the application or order involved any 
        of the following:
                    ``(A) The production of tangible things from a 
                library, as defined in section 213(2) of the Library 
                Services and Technology Act (20 U.S.C. 9122(2)).
                    ``(B) The production of tangible things from a 
                person or entity primarily engaged in the sale, rental, 
                or delivery of books, journals, magazines, or other 
                similar forms of communication whether in print or 
                digitally.
                    ``(C) The production of records related to the 
                purchase of a firearm, as defined in section 921(a)(3) 
                of title 18, United States Code.
                    ``(D) The production of health information, as 
                defined in section 1171(4) of the Social Security Act 
                (42 U.S.C. 1320d(4)).
                    ``(E) The production of taxpayer return 
                information, return, or return information, as defined 
                in section 6103(b) of the Internal Revenue Code of 1986 
                (26 U.S.C. 6103(b)).
    ``(c) Each report under subsection (b) shall be submitted in 
unclassified form, but may include a classified annex.
    ``(d) In April of each year, the Attorney General shall transmit to 
the Administrative Office of the United States Courts and to Congress a 
report setting forth with respect to the preceding calendar year--
            ``(1) the total number of applications made for orders 
        approving requests for the production of tangible things under 
        section 501; and
            ``(2) the total number of such orders either granted, 
        modified, or denied.''.

SEC. 8. PATRIOT SECTION 505; PROCEDURAL PROTECTIONS FOR NATIONAL 
              SECURITY LETTERS.

    (a) In General.--Section 2709(a) of title 18, United States Code, 
is amended--
            (1) by striking ``A wire or electronic communication 
        service provider'' and inserting the following:
            ``(1) In general.--A wire or electronic communication 
        service provider''; and
            (2) by adding at the end the following:
            ``(2) Judicial review.--A wire or electronic communication 
        service provider who receives a request under subsection (b) 
        may, at any time, seek a court order from an appropriate United 
        States district court to modify or set aside the request. Any 
        such motion shall state the grounds for challenging the request 
        with particularity. The court may modify or set aside the 
        request if compliance would be unreasonable or oppressive or 
        would violate any constitutional or other legal right or 
        privilege of the petitioner.''.
    (b) Nondisclosure.--Section 2709(c) of title 18, United States 
Code, is amended--
            (1) by striking ``No wire or electronic communication 
        service provider'' and inserting the following:
            ``(1) In general.--No wire or electronic communication 
        service provider''; and
            (2) by adding at the end the following:
            ``(3) Judicial review.--A wire or electronic communication 
        service provider who receives a request under subsection (b) 
        may, at any time, seek a court order from an appropriate United 
        States district court challenging the nondisclosure requirement 
        under paragraph (1). Any such motion shall state the grounds 
        for challenging the nondisclosure requirement with 
        particularity.
            ``(4) Standard of review.--The court may modify or set 
        aside such a nondisclosure requirement if there is no reason to 
        believe that disclosure may endanger the national security of 
        the United States, interfere with a criminal, counterterrorism, 
        or counterintelligence investigation, interfere with diplomatic 
        relations, or endanger the life or physical safety of any 
        person. In reviewing a nondisclosure requirement, the 
        certification by the Government that the disclosure may 
        endanger the national security of the United States or 
        interfere with diplomatic relations shall be treated as 
        conclusive unless the court finds that the certification was 
        made in bad faith.''.
    (c) Enforcement of National Security Letters.--Section 2709(a) of 
title 18, United States Code, as amended by subsection (b), is amended 
by adding at the end the following:
            ``(3) Enforcement of requests.--The Attorney General may 
        seek enforcement of a request under subsection (b) in an 
        appropriate United States district court if a recipient refuses 
        to comply with the request.''.
    (d) Disclosure of Information.--
            (1) Secure proceedings.--Section 2709 of title 18, United 
        States Code, as amended by subsections (b) and (c), is 
        amended--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(4) Secure proceedings.--The disclosure of information in 
        any proceedings under this subsection may be limited consistent 
        with the requirements of the Classified Information Procedures 
        Act (18 U.S.C. App)''; and
                    (B) in subsection (c), by adding at the end the 
                following:
            ``(4) Secure proceedings.--The disclosure of information in 
        any proceedings under this subsection may be limited consistent 
        with the requirements of the Classified Information Procedures 
        Act (18 U.S.C. App).''.
            (2) Disclosure to necessary persons.--Section 2709(c)(1) of 
        title 18, United States Code, as amended by subsection (b), is 
        amended--
                    (A) by inserting after ``any person'' the 
                following: ``, except for disclosure to an attorney to 
                obtain legal advice regarding the request or to persons 
                to whom disclosure is necessary in order to comply with 
                the request,''; and
                    (B) by adding at the end the following: ``Any 
                attorney or person whose assistance is necessary to 
                comply with the request who is notified of the request 
                also shall not disclose to any person that the Federal 
                Bureau of Investigation has sought or obtained access 
                to information or records under this section.''.

SEC. 9. SUNSET PROVISIONS.

    (a) Modification of PATRIOT Act Sunset Provision.--Section 224(a) 
of the USA PATRIOT Act (18 U.S.C. 2510 note) is amended to read as 
follows:
    ``(a) In General.--Except as provided in subsection (b), sections 
206 and 215, and the amendments made by those sections, shall cease to 
have effect on December 31, 2009, and any provision of law amended or 
modified by such sections shall take effect on January 1, 2010, as in 
effect on the day before the effective date of this Act.''.
    (b) Extension of Sunset on ``Lone Wolf'' Provision.--Subsection (b) 
of section 6001 of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (50 U.S.C. 1801 note) is amended to read as follows:
    ``(b) Sunset.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        amendment made by subsection (a) shall cease to have effect on 
        December 31, 2009.
            ``(2) Special rule.--With respect to any particular foreign 
        intelligence investigation that began before the date on which 
        the amendment made by subsection (a) ceases to have effect, 
        section 101(b)(1) of the Foreign Intelligence Surveillance Act 
        of 1978, as amended by subsection (a), shall continue in 
        effect.''.
    (c) Repeal of Sunset Provision Relating to Section 2332b and the 
Material Support Sections of Title 18, United States Code.--Section 
6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458; 118 Stat. 3762) is amended by striking subsection 
(g).
    (d) Technical Amendment.--Section 1(a) of the Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 is 
amended to read as follows:
    ``(a) Short Title.--This Act may be cited as the `Uniting and 
Strengthening America by Providing Appropriate tools Required to 
Intercept and Obstruct Terrorism Act of 2001' or the `USA PATRIOT 
Act'.''.

SEC. 10. ENHANCEMENT OF SUNSHINE PROVISIONS.

    (a)  Rules and Procedures for FISA Courts.--Section 103 of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is 
amended by adding at the end the following:
    ``(e)(1) The courts established pursuant to subsections (a) and (b) 
may establish such rules and procedures, and take such actions, as are 
reasonably necessary to administer their responsibilities under this 
Act.
    ``(2) The rules and procedures established under paragraph (1), and 
any modifications of such rules and procedures, shall be recorded, and 
shall be transmitted to the following:
            ``(A) All of the judges on the court established pursuant 
        to subsection (a).
            ``(B) All of the judges on the court of review established 
        pursuant to subsection (b).
            ``(C) The Chief Justice of the United States.
            ``(D) The Committee on the Judiciary of the Senate.
            ``(E) The Select Committee on Intelligence of the Senate.
            ``(F) The Committee on the Judiciary of the House of 
        Representatives.
            ``(G) The Permanent Select Committee on Intelligence of the 
        House of Representatives.
    ``(3) The transmissions required by paragraph (2) shall be 
submitted in unclassified form, but may include a classified annex.''.
    (b) Enhanced Congressional Oversight of FISA Emergency 
Authorities.--
            (1) Emergency electronic surveillance.--Section 107 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1807), 
        is amended--
                    (A) in paragraph (a), by striking ``and'' at the 
                end;
                    (B) in paragraph (b), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
    ``(c) the total number of emergency employments of electronic 
surveillance under section 105(f) and the total number of subsequent 
orders approving or denying such electronic surveillance.''.
            (2) Emergency physical searches.--Section 306 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) 
        is amended--
                    (A) in the first sentence, by inserting ,`` and the 
                Committee on the Judiciary of the House of 
                Representatives and the Committee on the Judiciary of 
                the Senate,'' after ``the Senate'';
                    (B) in the second sentence, by striking ``and the 
                Committees on the Judiciary of the House of 
                Representatives and the Senate'';
                    (C) in paragraph (2), by striking ``and'' at the 
                end;
                    (D) in paragraph (3), by striking the period at the 
                end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(4) the total number of emergency physical searches 
        authorized by the Attorney General under section 304(e) (50 
        U.S.C. 1824(e)), and the total number of subsequent orders 
        approving or denying such physical searches.''.
            (3) Emergency pen registers and trap and trace devices.--
        Section 406(b) of the Foreign Intelligence Surveillance Act of 
        1978 (50 U.S.C. 1846(b)) is amended--
                    (A) in paragraph (1), by striking ``and'' at the 
                end;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(3) the total number of pen registers and trap and trace 
        devices whose installation and use was authorized by the 
        Attorney General on an emergency basis under section 403, and 
        the total number of subsequent orders approving or denying the 
        installation and use of such pen registers and trap and trace 
        devices.''.

            Attest:

                                                             Secretary.
109th CONGRESS

  1st Session

                               H. R. 3199

_______________________________________________________________________

                               AMENDMENT
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