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:
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘USA PATRIOT Improvement and Reauthorization Act of

4 2005’’.

5 (b) TABLE OF CONTENTS.—The table of contents of this

6 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.

7 SEC. 2. PATRIOT SECTION 206; ADDITIONAL REQUIRE8 MENTS FOR MULTIPOINT ELECTRONIC SUR9 VEILLANCE UNDER FISA.

10 (a) PARTICULARITY REQUIREMENT.—Section

11 105(c)(1)(A) of the Foreign Intelligence Surveillance Act of

12 1978 (50 U.S.C. 1805(c)(1)(A)) is amended by inserting be13 fore the semicolon at the end the following: ‘‘, and if the

14 nature and location of each of the facilities or places at

15 which the surveillance will be directed is not known, and

16 if the identity of the target is not known, the order shall

17 include sufficient information to describe a specific target

18 with particularity’’.
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1 (b) ADDITIONAL DIRECTIONS.—Section 105(c) of the

2 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

3 1805(c)) is amended—

4 (1) by striking ‘‘An order approving an elec5 tronic surveillance under this section shall—’’;

6 (2) in paragraph (1), by inserting before ‘‘speci7 fy’’ the following: ‘‘SPECIFICATIONS.—An order ap8 proving an electronic surveillance under this section

9 shall’’;

10 (3) in paragraph (1)(F), by striking ‘‘; and’’ and

11 inserting a period;

12 (4) in paragraph (2), by inserting before ‘‘di13 rect’’ the following: ‘‘DIRECTIONS.—An order approv14 ing an electronic surveillance under this section

15 shall’’; and

16 (5) by adding at the end the following:

17 ‘‘(3) SPECIAL DIRECTIONS FOR CERTAIN OR18 DERS.—An order approving an electronic surveillance

19 under this section in circumstances where the nature

20 and location of each of the facilities or places at

21 which the surveillance will be directed is unknown

22 shall direct the applicant to provide notice to the

23 court within 10 days after the date on which surveil24 lance begins to be directed at any new facility or

25 place of—
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1 ‘‘(A) the nature and location of each facility

2 or place at which the electronic surveillance is

3 directed;

4 ‘‘(B) the facts and circumstances relied

5 upon by the applicant to justify the applicant’s

6 belief that each facility or place at which the

7 electronic surveillance is directed is being used,

8 or is about to be used, by the target of the sur9 veillance; and

10 ‘‘(C) a statement of any proposed mini11 mization procedures that differ from those con12 tained in the original application or order, that

13 may be necessitated by a change in the facility

14 or place at which the electronic surveillance is

15 directed.’’.

16 (c) ENHANCED OVERSIGHT.—

17 (1) REPORT TO CONGRESS.—Section 108(a)(1) of

18 the Foreign Intelligence Surveillance Act of 1978 (50

19 U.S.C. 1808(a)(1)) is amended by inserting ‘‘, and

20 the Committee on the Judiciary of the House of Rep21 resentatives and the Committee on the Judiciary of

22 the Senate,’’ after ‘‘Senate Select Committee on Intel23 ligence’’.

24 (2) MODIFICATION OF SEMIANNUAL REPORT RE25 QUIREMENT ON ACTIVITIES UNDER FOREIGN INTEL-
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1 LIGENCE SURVEILLANCE ACT OF 1978.—Paragraph (2)

2 of section 108(a) of the Foreign Intelligence Surveil3 lance Act of 1978 (50 U.S.C. 1808(a)) is amended to

4 read as follows:

5 ‘‘(2) Each report under the first sentence of

6 paragraph (1) shall include a description of—

7 ‘‘(A) the total number of applications made

8 for orders and extensions of orders approving

9 electronic surveillance under this title where the

10 nature and location of each facility or place at

11 which the electronic surveillance will be directed

12 is not known; and

13 ‘‘(B) Each criminal case in which informa14 tion acquired under this Act has been authorized

15 for use at trial during the period covered by such

16 report.’’.

17 SEC. 3. PATRIOT SECTION 207; DURATION OF FISA SURVEIL18 LANCE OF NON-UNITED STATES PERSONS.

19 (a) ELECTRONIC SURVEILLANCE ORDERS.—Section

20 105(e) of the Foreign Intelligence Surveillance Act (50

21 U.S.C. 1805(e)) is amended—

22 (1) in paragraph (1)(B), by striking ‘‘, as de23 fined in section 101(b)(1)(A)’’ and inserting ‘‘who is

24 not a United States person’’; and
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1 (2) in paragraph (2)(B), by striking ‘‘as defined

2 in section 101(b)(1)(A)’’ and inserting ‘‘who is not a

3 United States person’’.

4 (b) PHYSICAL SEARCH ORDERS.—Section 304(d) of

5 the Foreign Intelligence Surveillance Act (50 U.S.C.

6 1824(d)) is amended—

7 (1) in paragraph (1)(B), striking ‘‘as defined in

8 section 101(b)(1)(A)’’ and inserting ‘‘who is not a

9 United States person’’; and

10 (2) in paragraph (2), striking ‘‘as defined in sec11 tion 101(b)(1)(A)’’ and inserting ‘‘who is not a

12 United States person’’.

13 (c) PEN REGISTERS.—Section 402(e) of the Foreign

14 Intelligence Surveillance Act (50 U.S.C. 1842(e)) is amend15 ed by—

16 (1) inserting after ‘‘90 days’’ the first place it

17 appears the following: ‘‘, except that in cases where

18 the applicant has certified that the information likely

19 to be obtained is foreign intelligence information not

20 concerning a United States person, an order issued

21 under this section may be for a period not to exceed

22 1 year’’; and

23 (2) inserting after ‘‘90 days’’ the second place it

24 appears the following: ‘‘, except that in cases where

25 the applicant has certified that the information likely
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1 to be obtained is foreign intelligence information not

2 concerning a United States person, an extension of an

3 order issued under this section may be for a period

4 not to exceed 1 year’’.

5 SEC. 4. PATRIOT SECTION 212; ENHANCED OVERSIGHT OF

6 GOOD-FAITH EMERGENCY DISCLOSURES.

7 (a) ENHANCED OVERSIGHT.—Section 2702 of title 18,

8 United States Code, is amended by adding at the end the

9 following:

10 ‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.—On

11 an annual basis, the Attorney General shall submit to the

12 Committee on the Judiciary of the House of Representatives

13 and the Committee on the Judiciary of the Senate a report

14 containing—

15 ‘‘(1) the number of accounts from which the De16 partment of Justice has received voluntary disclosures

17 under subsection (b)(8); and

18 ‘‘(2) a summary of the basis for disclosure in

19 those instances where—

20 ‘‘(A) voluntary disclosures under subsection

21 (b)(8) were made to the Department of Justice;

22 and

23 ‘‘(B) the investigation pertaining to those

24 disclosures was closed without the filing of crimi25 nal charges.’’.
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1 (b) TECHNICAL AMENDMENTS TO CONFORM COMMU2 NICATIONS AND CUSTOMER RECORDS EXCEPTIONS.—

3 (1) VOLUNTARY DISCLOSURES.—Section 2702 of

4 title 18, United States Code, is amended—

5 (A) in subsection (b)(8), by striking ‘‘Fed6 eral, State, or local’’; and

7 (B) by striking subsection (c)(4) and insert8 ing the following:

9 ‘‘(4) to a governmental entity, if the provider, in

10 good faith, believes that an emergency involving dan11 ger of death or serious physical injury to any person

12 requires disclosure without delay of the information.’’.

13 (2) DEFINITIONS.—Section 2711 of title 18,

14 United States Code, is amended—

15 (A) in paragraph (2), by striking ‘‘and’’ at

16 the end;

17 (B) in paragraph (3), by striking the period

18 at the end and inserting ‘‘; and’’; and

19 (C) by adding at the end the following:

20 ‘‘(4) the term ‘governmental entity’ means a de21 partment or agency of the United States or any State

22 or political subdivision thereof.’’.
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1 SEC. 5. PATRIOT SECTION 213; LIMITATIONS ON DELAYED

2 NOTICE SEARCH WARRANTS.

3 (a) GROUNDS FOR DELAY.—Section 3103a(b)(1) of

4 title 18, United States Code, is amended by striking ‘‘may

5 have an adverse result (as defined in section 2705);’’ and

6 inserting ‘‘may—

7 ‘‘(A) endanger the life or physical safety of

8 an individual;

9 ‘‘(B) result in flight from prosecution;

10 ‘‘(C) result in the destruction of or tam11 pering with evidence;

12 ‘‘(D) result in intimidation of potential

13 witnesses; or

14 ‘‘(E) otherwise seriously jeopardize an in15 vestigation;’’.

16 (b) LIMITATION ON REASONABLE PERIOD FOR

17 DELAY.—Section 3103a of title 18, United States Code, is

18 amended—

19 (1) by striking subsection (b)(3) and inserting

20 the following:

21 ‘‘(3) the warrant provides for the giving of such

22 notice not later than 7 days after the date of its exe23 cution, or on a later date certain if the facts of the

24 case justify a longer period of delay.’’; and

25 (2) by adding at the end the following:
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1 ‘‘(c) EXTENSIONS OF DELAY.—Any period of delay au2 thorized by this section may be extended by the court for

3 good cause shown, subject to the condition that extensions

4 should only be granted upon an updated showing of the need

5 for further delay and that each additional delay should be

6 limited to periods of 90 days or less, unless the facts of the

7 case justify a longer period of delay.’’.

8 (c) ENHANCED OVERSIGHT.—Section 3103a of title 18,

9 United States Code, is amended by adding at the end the

10 following:

11 ‘‘(c) REPORTS.—

12 ‘‘(1) REPORT BY JUDGE.—Not later than 30

13 days after the expiration of a warrant authorizing de14 layed notice (including any extension thereof) entered

15 under this section, or the denial of such warrant (or

16 request for extension), the issuing or denying judge

17 shall report to the Administrative Office of the United

18 States Courts—

19 ‘‘(A) the fact that a warrant was applied

20 for;

21 ‘‘(B) the fact that the warrant or any exten22 sion thereof was granted as applied for, was

23 modified, or was denied;
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1 ‘‘(C) the period of delay in the giving of no2 tice authorized by the warrant, and the number

3 and duration of any extensions; and

4 ‘‘(D) the offense specified in the warrant or

5 application.

6 ‘‘(2) REPORT BY ADMINISTRATIVE OFFICE OF

7 THE UNITED STATES COURTS.—In April of each year,

8 the Director of the Administrative Office of the

9 United States Courts shall transmit to Congress a full

10 and complete report—

11 ‘‘(A) concerning the number of applications

12 for warrants and extensions of warrants author13 izing delayed notice pursuant to this section,

14 and the number of warrants and extensions

15 granted or denied pursuant to this section dur16 ing the preceding calendar year; and

17 ‘‘(B) that includes a summary and analysis

18 of the data required to be filed with the Adminis19 trative Office by paragraph (1).

20 ‘‘(3) REGULATIONS.—The Director of the Admin21 istrative Office of the United States Courts, in con22 sultation with the Attorney General, is authorized to

23 issue binding regulations dealing with the content

24 and form of the reports required to be filed under

25 paragraph (1).’’.
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1 SEC. 6. PATRIOT SECTION 214; AUTHORITY FOR DISCLO2 SURE OF ADDITIONAL INFORMATION IN CON3 NECTION WITH ORDERS FOR PEN REGISTER

4 AND TRAP AND TRACE AUTHORITY UNDER

5 FISA.

6 (a) RECORDS.—Section 402(d)(2) of the Foreign Intel7 ligence Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is

8 amended—

9 (1) in subparagraph (A)—

10 (A) in clause (ii), by adding ‘‘and’’ at the

11 end; and

12 (B) in clause (iii), by striking the period at

13 the end and inserting a semicolon; and

14 (2) in subparagraph (B)(iii), by striking the pe15 riod at the end and inserting ‘‘; and’’; and

16 (3) by adding at the end the following:

17 ‘‘(C) shall direct that, upon the request of

18 the applicant, the provider of a wire or electronic

19 communication service shall disclose to the Fed20 eral officer using the pen register or trap and

21 trace device covered by the order—

22 ‘‘(i) in the case of the customer or sub23 scriber using the service covered by the

24 order (for the period specified by the

25 order)—
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1 ‘‘(I) the name of the customer or

2 subscriber;

3 ‘‘(II) the address of the customer

4 or subscriber;

5 ‘‘(III) the telephone or instrument

6 number, or other subscriber number or

7 identifier, of the customer or sub8 scriber, including any temporarily as9 signed network address or associated

10 routing or transmission information;

11 ‘‘(IV) the length of the provision

12 of service by such provider to the cus13 tomer or subscriber and the types of

14 services utilized by the customer or

15 subscriber;

16 ‘‘(V) in the case of a provider of

17 local or long distance telephone service,

18 any local or long distance telephone

19 records of the customer or subscriber;

20 ‘‘(VI) if applicable, any records

21 reflecting period of usage (or sessions)

22 by the customer or subscriber; and

23 ‘‘(VII) any mechanisms and

24 sources of payment for such service, in25 cluding the number of any credit card
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1 or bank account utilized for payment

2 for such service; and

3 ‘‘(ii) if available, with respect to any

4 customer or subscriber of incoming or out5 going communications to or from the service

6 covered by the order—

7 ‘‘(I) the name of such customer or

8 subscriber;

9 ‘‘(II) the address of such customer

10 or subscriber;

11 ‘‘(III) the telephone or instrument

12 number, or other subscriber number or

13 identifier, of such customer or sub14 scriber, including any temporarily as15 signed network address or associated

16 routing or transmission information;

17 and

18 ‘‘(IV) the length of the provision

19 of service by such provider to such cus20 tomer or subscriber and the types of

21 services utilized by such customer or

22 subscriber.’’.

23 (b) ENHANCED OVERSIGHT.—Section 406(a) of the

24 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

25 1846(a)) is amended by inserting ‘‘, and the Committee on
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1 the Judiciary of the House of Representatives and the Com2 mittee on the Judiciary of the Senate,’’ after ‘‘of the Sen3 ate’’.

4 SEC. 7. PATRIOT SECTION 215; PROCEDURAL PROTECTIONS

5 FOR COURT ORDERS TO PRODUCE RECORDS

6 AND OTHER ITEMS IN INTELLIGENCE INVES7 TIGATIONS.

8 (a) FACTUAL BASIS FOR REQUESTED ORDER.—

9 (1) APPLICATION.—Section 501(b)(2) of the For10 eign Intelligence Surveillance Act of 1978 (50 U.S.C.

11 1861(b)(2)) is amended to read as follows:

12 ‘‘(2) shall include a statement of facts showing

13 that there are reasonable grounds to believe that the

14 records or other things sought—

15 ‘‘(A) are relevant to an authorized inves16 tigation conducted in accordance with subsection

17 (a)(2) to obtain foreign intelligence information

18 not concerning a United States person or to pro19 tect against international terrorism or clandes20 tine intelligence activities; and

21 ‘‘(B)(i) pertain to a foreign power or an

22 agent of a foreign power;

23 ‘‘(ii) are relevant to the activities of a sus24 pected agent of a foreign power who is the subject

25 of such authorized investigation; or
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1 ‘‘(iii) pertain to an individual in contact

2 with, or known to, a suspected agent of a foreign

3 power.’’.

4 (2) ORDER.—Section 501(c)(1) of the Foreign

5 Intelligence Surveillance Act of 1978 (50 U.S.C.

6 1861(c)(1)) is amended to read as follows:

7 ‘‘(c)(1) Upon an application made pursuant to this

8 section, the judge shall enter an ex parte order as requested,

9 or as modified, approving the release of records or tangible

10 things if the judge finds that—

11 ‘‘(A) the statement of facts contained in the ap12 plication establishes reasonable grounds to believe that

13 the records or other things sought are relevant to an

14 authorized investigation conducted in accordance with

15 subsection (a)(2) to obtain foreign intelligence infor16 mation not concerning a United States person or to

17 protect against international terrorism or clandestine

18 intelligence activities;

19 ‘‘(B) the statement of facts contained in the ap20 plication establishes reasonable grounds to believe that

21 the records or other things sought—

22 ‘‘(i) pertain to a foreign power or an agent

23 of a foreign power;
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1 ‘‘(ii) are relevant to the activities of a sus2 pected agent of a foreign power who is the subject

3 of such authorized investigation; or

4 ‘‘(iii) pertain to an individual in contact

5 with, or known to, a suspected agent of a foreign

6 power; and

7 ‘‘(C) the application meets the other require8 ments of this section.’’.

9 (b) ADDITIONAL PROTECTIONS.—Section 501(c) of the

10 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

11 1861(c)) is amended—

12 (1) in paragraph (2), by inserting after ‘‘An

13 order under this subsection’’ the following:

14 ‘‘(A) shall describe the tangible things con15 cerned with sufficient particularity to permit

16 them to be fairly identified;

17 ‘‘(B) shall prescribe a return date which

18 will provide a reasonable period of time within

19 which the tangible things can be assembled and

20 made available;

21 ‘‘(C) shall provide clear and conspicuous

22 notice of the principles and procedures set forth

23 in subsection (d);

24 ‘‘(D) shall not require the production of

25 anything that would be protected from produc-
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1 tion under the standards applicable to a sub2 poena duces tecum issued by a court of the

3 United States in aid of a grand jury investiga4 tion; and

5 ‘‘(E)’’.

6 (c) DIRECTOR APPROVAL FOR CERTAIN APPLICA7 TIONS.—Section 501(a) of the Foreign Intelligence Surveil8 lance Act of 1978 (50 U.S.C. 1861(a)) is amended—

9 (1) in paragraph (1), by striking ‘‘The Director’’

10 and inserting ‘‘Except as provided in paragraph (3),

11 the Director’’; and

12 (2) by adding at the end the following:

13 ‘‘(3) No application shall be made under this

14 section for an order requiring the production of li15 brary circulation records, library patron lists, book

16 sales records, book customer lists, firearms sales

17 records, or medical records containing personally

18 identifiable information without the prior written ap19 proval of the Director of the Federal Bureau of Inves20 tigation. The Director may delegate authority to ap21 prove such an application to the Deputy Director of

22 the Federal Bureau of Investigation, but such author23 ity may not be further delegated.’’.
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1 (d) PROHIBITION ON DISCLOSURE.—Section 501(d) of

2 the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

3 1861(d)) is amended to read as follows:

4 ‘‘(d)(1) No person shall disclose to any other person

5 that the Federal Bureau of Investigation has sought or ob6 tained tangible things pursuant to an order under this sec7 tion other than to

8 ‘‘(A) those persons to whom such disclosure is

9 necessary to comply with such order;

10 ‘‘(B) an attorney to obtain legal advice or assist11 ance with respect to the production of things in re12 sponse to the order; or

13 ‘‘(C) other persons as permitted by the Director

14 of the Federal Bureau of Investigation or the designee

15 of the Director.

16 ‘‘(2)(A) Any person having received a disclosure under

17 subparagraph (A), (B), or (C) of paragraph (1) shall be

18 subject to the prohibitions on disclosure under that para19 graph.

20 ‘‘(B) Any person making a further disclosure author21 ized by subparagraph (A), (B), or (C) of paragraph (1)

22 shall notify the person to whom the disclosure is made of

23 the prohibitions on disclosure under this subsection.
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1 ‘‘(3) An order under this section shall notify, in writ2 ing, the person to whom the order is directed of the non3 disclosure requirements under this subsection.’’.

4 (e) JUDICIAL REVIEW.—Section 501 of the Foreign In5 telligence Surveillance Act of 1978 (50 U.S.C. 1861) is

6 amended by adding at the end the following:

7 ‘‘(f)(1)(A) Any person receiving an order to produce

8 any tangible thing under this section may challenge the le9 gality of that order, including any prohibition on disclo10 sure, by filing a petition in the court established under sec11 tion 103(a).

12 ‘‘(B) That petition may be considered by any judge

13 of the court.

14 ‘‘(C) The judge considering the petition may modify

15 or set aside the order if the judge finds that the order does

16 not meet the requirements of this section or is otherwise un17 lawful.

18 ‘‘(D) Any petition for review of a decision to affirm,

19 modify, or set aside an order or prohibition on disclosure

20 under this paragraph by the United States or any person

21 receiving such order shall be sent to the court of review es22 tablished under section 103(b), which shall have jurisdiction

23 to consider such petitions.

24 ‘‘(E) The court of review shall immediately provide for

25 the record a written statement of the reasons for its decision
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1 and, on petition of the United States or any person receiv2 ing such order for a writ of certiorari, the record shall be

3 transmitted under seal to the Supreme Court, which shall

4 have jurisdiction to review such decision.

5 ‘‘(2)(A) Judicial proceedings under this subsection

6 shall be concluded as expeditiously as possible.

7 ‘‘(B) The record of proceedings, including applications

8 made and orders granted, shall be maintained under secu9 rity measures established by the Chief Justice of the United

10 States in consultation with the Attorney General and the

11 Director of National Intelligence.

12 ‘‘(3) All petitions under this subsection shall be filed

13 under seal, and the court, upon the request of the Govern14 ment, shall review any Government submission, which may

15 include classified information, as well as the application

16 of the Government and related materials, ex parte and in

17 camera.

18 ‘‘(4) Not later than 60 days after the date of enactment

19 of the USA PATRIOT Improvement and Reauthorization

20 Act of 2005, the court established under section 103(a) shall

21 develop and issue procedures for the review of petitions filed

22 under paragraph (1).’’.

23 (f) ENHANCED OVERSIGHT.—Section 502 of the For24 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862)

25 is amended
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1 (1) in subsection (a), by inserting ‘‘, and the

2 Committee on the Judiciary of the House of Rep3 resentatives and the Committee on the Judiciary of

4 the Senate,’’ after ‘‘of the Senate’’; and

5 (2) in subsection (b)—

6 (A) by striking ‘‘On a semiannual basis’’

7 through ‘‘the preceding 6-month period’’ and in8 serting ‘‘In April of each year, the Attorney Gen9 eral shall transmit to the Congress a report set10 ting forth with respect to the preceding calendar

11 year’’;

12 (B) in paragraph (1), by striking ‘‘and’’ at

13 the end;

14 (C) in paragraph (2), by striking the period

15 at the end and inserting ‘‘; and’’; and

16 (D) by adding at the end the following:

17 ‘‘(3) the total number of applications made for

18 orders approving requests for the production of tan19 gible things under section 501, and the total number

20 of orders either granted, modified, or denied, when the

21 application or order involved any of the following:

22 ‘‘(A) The production of tangible things from

23 a library, as defined in section 213(2) of the Li24 brary Services and Technology Act (20 U.S.C.

25 9122(2)).
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1 ‘‘(B) The production of tangible things from

2 a person or entity primarily engaged in the sale,

3 rental, or delivery of books, journals, magazines,

4 or other similar forms of communication whether

5 in print or digitally.

6 ‘‘(C) The production of records related to

7 the purchase of a firearm, as defined in section

8 921(a)(3) of title 18, United States Code.

9 ‘‘(D) The production of health information,

10 as defined in section 1171(4) of the Social Secu11 rity Act (42 U.S.C. 1320d(4)).

12 ‘‘(E) The production of taxpayer return in13 formation, return, or return information, as de14 fined in section 6103(b) of the Internal Revenue

15 Code of 1986 (26 U.S.C. 6103(b)).

16 ‘‘(c) Each report under subsection (b) shall be sub17 mitted in unclassified form, but may include a classified

18 annex.

19 ‘‘(d) In April of each year, the Attorney General shall

20 transmit to the Administrative Office of the United States

21 Courts and to Congress a report setting forth with respect

22 to the preceding calendar year—

23 ‘‘(1) the total number of applications made for

24 orders approving requests for the production of tan25 gible things under section 501; and
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1 ‘‘(2) the total number of such orders either grant2 ed, modified, or denied.’’.

3 SEC. 8. PATRIOT SECTION 505; PROCEDURAL PROTECTIONS

4 FOR NATIONAL SECURITY LETTERS.

5 (a) IN GENERAL.—Section 2709(a) of title 18, United

6 States Code, is amended—

7 (1) by striking ‘‘A wire or electronic communica8 tion service provider’’ and inserting the following:

9 ‘‘(1) IN GENERAL.—A wire or electronic commu10 nication service provider’’; and

11 (2) by adding at the end the following:

12 ‘‘(2) JUDICIAL REVIEW.—A wire or electronic

13 communication service provider who receives a re14 quest under subsection (b) may, at any time, seek a

15 court order from an appropriate United States dis16 trict court to modify or set aside the request. Any

17 such motion shall state the grounds for challenging

18 the request with particularity. The court may modify

19 or set aside the request if compliance would be unrea20 sonable or oppressive or would violate any constitu21 tional or other legal right or privilege of the peti22 tioner.’’.

23 (b) NONDISCLOSURE.—Section 2709(c) of title 18,

24 United States Code, is amended—
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1 (1) by striking ‘‘No wire or electronic commu2 nication service provider’’ and inserting the following:

3 ‘‘(1) IN GENERAL.—No wire or electronic com4 munication service provider’’; and

5 (2) by adding at the end the following:

6 ‘‘(3) JUDICIAL REVIEW.—A wire or electronic

7 communication service provider who receives a re8 quest under subsection (b) may, at any time, seek a

9 court order from an appropriate United States dis10 trict court challenging the nondisclosure requirement

11 under paragraph (1). Any such motion shall state the

12 grounds for challenging the nondisclosure requirement

13 with particularity.

14 ‘‘(4) STANDARD OF REVIEW.—The court may

15 modify or set aside such a nondisclosure requirement

16 if there is no reason to believe that disclosure may en17 danger the national security of the United States,

18 interfere with a criminal, counterterrorism, or coun19 terintelligence investigation, interfere with diplomatic

20 relations, or endanger the life or physical safety of

21 any person. In reviewing a nondisclosure require22 ment, the certification by the Government that the

23 disclosure may endanger the national security of the

24 United States or interfere with diplomatic relations
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1 shall be treated as conclusive unless the court finds

2 that the certification was made in bad faith.’’.

3 (c) ENFORCEMENT OF NATIONAL SECURITY LET4 TERS.—Section 2709(a) of title 18, United States Code, as

5 amended by subsection (b), is amended by adding at the

6 end the following:

7 ‘‘(3) ENFORCEMENT OF REQUESTS.—The Attor8 ney General may seek enforcement of a request under

9 subsection (b) in an appropriate United States dis10 trict court if a recipient refuses to comply with the

11 request.’’.

12 (d) DISCLOSURE OF INFORMATION.—

13 (1) SECURE PROCEEDINGS.—Section 2709 of

14 title 18, United States Code, as amended by sub15 sections (b) and (c), is amended—

16 (A) in subsection (a), by adding at the end

17 the following:

18 ‘‘(4) SECURE PROCEEDINGS.—The disclosure of

19 information in any proceedings under this subsection

20 may be limited consistent with the requirements of the

21 Classified Information Procedures Act (18 U.S.C.

22 App)’’; and

23 (B) in subsection (c), by adding at the end

24 the following:
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1 ‘‘(4) SECURE PROCEEDINGS.—The disclosure of

2 information in any proceedings under this subsection

3 may be limited consistent with the requirements of the

4 Classified Information Procedures Act (18 U.S.C.

5 App).’’.

6 (2) DISCLOSURE TO NECESSARY PERSONS.—Sec7 tion 2709(c)(1) of title 18, United States Code, as

8 amended by subsection (b), is amended—

9 (A) by inserting after ‘‘any person’’ the fol10 lowing: ‘‘, except for disclosure to an attorney to

11 obtain legal advice regarding the request or to

12 persons to whom disclosure is necessary in order

13 to comply with the request,’’; and

14 (B) by adding at the end the following:

15 ‘‘Any attorney or person whose assistance is nec16 essary to comply with the request who is notified

17 of the request also shall not disclose to any per18 son that the Federal Bureau of Investigation has

19 sought or obtained access to information or

20 records under this section.’’.

21 SEC. 9. SUNSET PROVISIONS.

22 (a) MODIFICATION OF PATRIOT ACT SUNSET PROVI23 SION.—Section 224(a) of the USA PATRIOT Act (18

24 U.S.C. 2510 note) is amended to read as follows:
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1 ‘‘(a) IN GENERAL.—Except as provided in subsection

2 (b), sections 206 and 215, and the amendments made by

3 those sections, shall cease to have effect on December 31,

4 2009, and any provision of law amended or modified by

5 such sections shall take effect on January 1, 2010, as in

6 effect on the day before the effective date of this Act.’’.

7 (b) EXTENSION OF SUNSET ON ‘‘LONE WOLF’’ PROVI8 SION.—Subsection (b) of section 6001 of the Intelligence Re9 form and Terrorism Prevention Act of 2004 (50 U.S.C.

10 1801 note) is amended to read as follows:

11 ‘‘(b) SUNSET.—

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), the amendment made by subsection (a)

14 shall cease to have effect on December 31, 2009.

15 ‘‘(2) SPECIAL RULE.—With respect to any par16 ticular foreign intelligence investigation that began

17 before the date on which the amendment made by sub18 section (a) ceases to have effect, section 101(b)(1) of

19 the Foreign Intelligence Surveillance Act of 1978, as

20 amended by subsection (a), shall continue in effect.’’.

21 (c) REPEAL OF SUNSET PROVISION RELATING TO SEC22 TION 2332B AND THE MATERIAL SUPPORT SECTIONS OF

23 TITLE 18, UNITED STATES CODE.—Section 6603 of the In24 telligence Reform and Terrorism Prevention Act of 2004
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1 (Public Law 108–458; 118 Stat. 3762) is amended by strik2 ing subsection (g).

3 (d) TECHNICAL AMENDMENT.—Section 1(a) of the

4 Uniting and Strengthening America by Providing Appro5 priate Tools Required to Intercept and Obstruct Terrorism

6 (USA PATRIOT ACT) Act of 2001 is amended to read as

7 follows:

8 ‘‘(a) SHORT TITLE.—This Act may be cited as the

9 ‘Uniting and Strengthening America by Providing Appro10 priate tools Required to Intercept and Obstruct Terrorism

11 Act of 2001’ or the ‘USA PATRIOT Act’.’’.

12 SEC. 10. ENHANCEMENT OF SUNSHINE PROVISIONS.

13 (a) RULES AND PROCEDURES FOR FISA COURTS.—

14 Section 103 of the Foreign Intelligence Surveillance Act of

15 1978 (50 U.S.C. 1803) is amended by adding at the end

16 the following:

17 ‘‘(e)(1) The courts established pursuant to subsections

18 (a) and (b) may establish such rules and procedures, and

19 take such actions, as are reasonably necessary to administer

20 their responsibilities under this Act.

21 ‘‘(2) The rules and procedures established under para22 graph (1), and any modifications of such rules and proce23 dures, shall be recorded, and shall be transmitted to the fol24 lowing:
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1 ‘‘(A) All of the judges on the court established

2 pursuant to subsection (a).

3 ‘‘(B) All of the judges on the court of review es4 tablished pursuant to subsection (b).

5 ‘‘(C) The Chief Justice of the United States.

6 ‘‘(D) The Committee on the Judiciary of the

7 Senate.

8 ‘‘(E) The Select Committee on Intelligence of the

9 Senate.

10 ‘‘(F) The Committee on the Judiciary of the

11 House of Representatives.

12 ‘‘(G) The Permanent Select Committee on Intel13 ligence of the House of Representatives.

14 ‘‘(3) The transmissions required by paragraph (2)

15 shall be submitted in unclassified form, but may include

16 a classified annex.’’.

17 (b) ENHANCED CONGRESSIONAL OVERSIGHT OF FISA

18 EMERGENCY AUTHORITIES.—

19 (1) EMERGENCY ELECTRONIC SURVEILLANCE.—

20 Section 107 of the Foreign Intelligence Surveillance

21 Act of 1978 (50 U.S.C. 1807), is amended—

22 (A) in paragraph (a), by striking ‘‘and’’ at

23 the end;

24 (B) in paragraph (b), by striking the period

25 at the end and inserting ‘‘; and’’; and
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1 (C) by adding at the end the following:

2 ‘‘(c) the total number of emergency employments of

3 electronic surveillance under section 105(f) and the total

4 number of subsequent orders approving or denying such

5 electronic surveillance.’’.

6 (2) EMERGENCY PHYSICAL SEARCHES.—Section

7 306 of the Foreign Intelligence Surveillance Act of

8 1978 (50 U.S.C. 1826) is amended—

9 (A) in the first sentence, by inserting ,‘‘ and

10 the Committee on the Judiciary of the House of

11 Representatives and the Committee on the Judi12 ciary of the Senate,’’ after ‘‘the Senate’’;

13 (B) in the second sentence, by striking ‘‘and

14 the Committees on the Judiciary of the House of

15 Representatives and the Senate’’;

16 (C) in paragraph (2), by striking ‘‘and’’ at

17 the end;

18 (D) in paragraph (3), by striking the pe19 riod at the end and inserting ‘‘; and’’; and

20 (E) by adding at the end the following:

21 ‘‘(4) the total number of emergency physical

22 searches authorized by the Attorney General under

23 section 304(e) (50 U.S.C. 1824(e)), and the total

24 number of subsequent orders approving or denying

25 such physical searches.’’.
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1 (3) EMERGENCY PEN REGISTERS AND TRAP AND

2 TRACE DEVICES.—Section 406(b) of the Foreign Intel3 ligence Surveillance Act of 1978 (50 U.S.C. 1846(b))

4 is amended—

5 (A) in paragraph (1), by striking ‘‘and’’ at

6 the end;

7 (B) in paragraph (2), by striking the period

8 at the end and inserting ‘‘; and’’; and

9 (C) by adding at the end the following:

10 ‘‘(3) the total number of pen registers and trap

11 and trace devices whose installation and use was au12 thorized by the Attorney General on an emergency

13 basis under section 403, and the total number of sub14 sequent orders approving or denying the installation

15 and use of such pen registers and trap and trace de16 vices.’’.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 3199

AMENDMENT