II 

Calendar No. 132 

109TH CONGRESS 

1ST SESSION S. 1266 

[Report No. 109–85] 

To permanently authorize certain provisions of the Uniting and Strengthening 

America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001, to reauthorize a provision of the Intelligence Reform and Terrorism Prevention Act of 2004, 

to clarify certain definitions in the Foreign Intelligence Surveillance Act 

of 1978, to provide additional investigative tools necessary to protect 

the national security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2005 

Mr. ROBERTS, from the Select Committee on Intelligence, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

To permanently authorize certain provisions of the Uniting 

and Strengthening America by Providing Appropriate 

Tools Required to Intercept and Obstruct Terrorism 

(USA PATRIOT) Act of 2001, to reauthorize a provision 

of the Intelligence Reform and Terrorism Prevention Act 

of 2004, to clarify certain definitions in the Foreign 

Intelligence Surveillance Act of 1978, to provide additional investigative tools necessary to protect the national 

security, and for other purposes. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 TITLE I—REPEAL AND EXTEN4 SION OF SUNSET ON CERTAIN 

5 AUTHORITIES 

6 SEC. 101. EXPANSION OF ENHANCED SURVEILLANCE PRO7 CEDURES NOT SUBJECT TO SUNSET UNDER 

8 USA PATRIOT ACT. 

9 Section 224(a) of the USA PATRIOT Act of 2001 

10 (Public Law 107–56; 115 Stat. 295; 18 U.S.C. 2510 note) 

11 is amended— 

12 (1) by striking ‘‘203(a), 203(c)’’ and inserting 

13 ‘‘203, 204’’; 

14 (2) by inserting ‘‘206, 207,’’ after ‘‘205,’’; 

15 (3) by inserting ‘‘214, 215,’’ after ‘‘213,’’; 

16 (4) by inserting ‘‘218,’’ after ‘‘216,’’; and 

17 (5) by striking ‘‘and 222’’ and inserting ‘‘222, 

18 and 225’’. 

19 SEC. 102. EXTENSION OF SUNSET OF TREATMENT OF INDI20 VIDUAL TERRORISTS AS AGENTS OF FOR21 EIGN POWERS. 

22 Subsection (b) of section 6001 of the Intelligence Re23 form and Terrorism Prevention Act of 2004 (Public Law 

24 108–458; 118 Stat. 3742) is amended to read as follows: 
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1 ‘‘(b) SUNSET.—(1) Except as provided in paragraph 

2 (2), the amendment made by subsection (a) shall cease 

3 to have effect on December 31, 2009. 

4 ‘‘(2) With respect to any particular foreign intel5 ligence investigation that began before the date on which 

6 the amendment made by subsection (a) ceases to have ef7 fect, section 101(b)(1) of the Foreign Intelligence Surveil8 lance Act of 1978, as amended by subsection (a), shall 

9 continue in effect.’’. 

10 TITLE II—FOREIGN INTEL11 LIGENCE SURVEILLANCE 

12 MATTERS 

13 Subtitle A—Definitional Matters 

14 SEC. 201. CLARIFICATION OF CONTENTS OF COMMUNICA15 TIONS FOR PURPOSES OF FOREIGN INTEL16 LIGENCE SURVEILLANCE ACT OF 1978. 

17 Subsection (n) of section 101 of the Foreign Intel18 ligence Surveillance Act of 1978 (50 U.S.C. 1801) is 

19 amended to read as follows: 

20 ‘‘(n) ‘Contents’, when used with respect to a commu21 nication, includes any information concerning the sub22 stance, purport, or meaning of such communication.’’. 
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1 SEC. 202. CLARIFICATION OF FOREIGN INTELLIGENCE IN2 FORMATION FOR PURPOSES OF FOREIGN IN3 TELLIGENCE SURVEILLANCE ACT OF 1978. 

4 Section 101(e)(1) of the Foreign Intelligence Surveil5 lance Act of 1978 (50 U.S.C. 1801(e)(1)) is amended in 

6 the matter preceding subparagraph (A) by inserting ‘‘(in7 cluding protection by use of law enforcement methods such 

8 as criminal prosecution)’’ after ‘‘protect’’. 

9 Subtitle B—Other Matters 

10 SEC. 211. ACCESS TO BUSINESS RECORDS FOR INVESTIGA11 TIONS UNDER FOREIGN INTELLIGENCE SUR12 VEILLANCE ACT OF 1978. 

13 (a) CLARIFICATION OF ACCESS.—(1) Subsection 

14 (a)(1) of section 501 of the Foreign Intelligence Surveil15 lance Act of 1978 (50 U.S.C. 1861) is amended— 

16 (A) by striking ‘‘items) for’’ and inserting 

17 ‘‘items) relevant to’’; and 

18 (B) by striking ‘‘clandestine intelligence activi19 ties,’’ and all that follows through the period and in20 serting ‘‘clandestine intelligence activities.’’. 

21 (2) Subsection (b)(2) of such section is amended by 

22 striking ‘‘sought for’’ and inserting ‘‘relevant to’’. 

23 (b) LIMITATIONS ON DISCLOSURE.—Such section is 

24 further amended by striking subsection (d) and inserting 

25 the following new subsection (d): 
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1 ‘‘(d)(1) No person shall disclose to any other person 

2 that the Federal Bureau of Investigation has sought or 

3 obtained tangible things pursuant to an order under this 

4 section other than to— 

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

6 necessary to comply with such order; 

7 ‘‘(B) an attorney to obtain legal advice or as8 sistance with respect to the production of things in 

9 response to the order; or 

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

11 of the Federal Bureau of Investigation or the des12 ignee of the Director. 

13 ‘‘(2)(A) Any person having received a disclosure 

14 under subparagraph (A), (B), or (C) of paragraph (1) 

15 shall be subject to the prohibitions on disclosure under 

16 that paragraph. 

17 ‘‘(B) Any person making a further disclosure author18 ized by subparagraph (A), (B), or (C) of paragraph (1) 

19 shall notify the person to whom the disclosure is made 

20 of the prohibitions on disclosure under this subsection. 

21 ‘‘(3) An order under this section shall notify, in writ22 ing, the person to whom the order is directed of the non23 disclosure requirements under this subsection.’’. 

24 (c) MINIMIZATION OF RETENTION AND DISSEMINA25 TION OF TANGIBLE THINGS.—Such section is further 
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1 amended by adding at the end the following new sub2 section: 

3 ‘‘(f) The Attorney General shall adopt minimization 

4 procedures governing the retention and dissemination by 

5 the Federal Bureau of Investigation of any tangible things 

6 received by the Bureau in response to an order under this 

7 section.’’. 

8 (d) JUDICIAL REVIEW.—Such section is further 

9 amended by adding at the end the following new sub10 section: 

11 ‘‘(g)(1) Following the receipt of an order under this 

12 section, but before the production of tangible things under 

13 the order, the person charged with production of such tan14 gible things may, in the Foreign Intelligence Surveillance 

15 Court, petition to modify or set aside the order. Such peti16 tion shall be filed in a manner consistent with paragraph 

17 (2). 

18 ‘‘(2)(A) All proceedings under this subsection shall 

19 be closed consistent with the requirements of subsection 

20 (d) and subject to any right to an open hearing in a crimi21 nal proceeding. 

22 ‘‘(B) All petitions, filings, records, orders, and sub23 poenas with respect to any proceedings under this sub24 section shall be filed and maintained under seal. 
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1 ‘‘(3)(A) In any proceedings under this subsection, the 

2 Foreign Intelligence Surveillance Court shall, upon re3 quest of the Federal Government, review any submission, 

4 or portion thereof, of the Federal Government containing 

5 classified information, or other sensitive information the 

6 disclosure of which would harm national security, ex parte 

7 and in camera. 

8 ‘‘(B) If the Court reviews any submission of the Fed9 eral Government under subparagraph (A) ex parte and in 

10 camera, the Court may disclose the information subject 

11 to such review to the person filing the petition concerned, 

12 under appropriate security procedures and protective or13 ders, only where such disclosure is necessary to make an 

14 accurate determination for purposes of paragraph (5). 

15 ‘‘(4) The Foreign Intelligence Surveillance Court may 

16 modify or set aside a nondisclosure requirement imposed 

17 under subsection (d) at the request of the person charged 

18 with production of tangible things pursuant to an order 

19 under this section, unless the Director of the Federal Bu20 reau of Investigation certifies to the Court that disclosure 

21 may result in a danger to the national security of the 

22 United States. 

23 ‘‘(5) The Foreign Intelligence Surveillance Court may 

24 modify or set aside an order under this section if compli25 ance with the order would be unreasonable or oppressive. 
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1 ‘‘(6) The Foreign Intelligence Surveillance Court 

2 shall adopt and publish procedures governing petitions 

3 filed under this subsection. 

4 ‘‘(7) In this subsection, the term ‘Foreign Intelligence 

5 Surveillance Court’ means the court established by section 

6 103(a).’’. 

7 (e) CONGRESSIONAL OVERSIGHT.—Section 502(b) of 

8 such Act (50 U.S.C. 1862(b)) is amended— 

9 (1) in paragraph (1), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (2), by striking the period at 

12 the end and inserting ‘‘; and’’ ’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

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

16 orders approving requests for the production of tan17 gible things under section 501, and the total number 

18 of orders either granted, modified, or denied, when 

19 the application or order involved each of the fol20 lowing: 

21 ‘‘(A) The production of tangible things 

22 from a library, as defined in section 213(2) of 

23 the Library Services and Technology Act (20 

24 U.S.C. 9122(2)). 
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1 ‘‘(B) The production of tangible things 

2 from a person or entity primarily engaged in 

3 the sale, rental, or delivery of books, journals, 

4 magazines, or other similar forms of commu5 nication whether 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 Se11 curity 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 Rev15 enue Code of 1986 (26 U.S.C. 6103(b)).’’. 

16 SEC. 212. NATIONAL SECURITY MAIL COVERS. 

17 (a) IN GENERAL.—The Foreign Intelligence Surveil18 lance Act of 1978 (50 U.S.C. 1801 et seq.) is amended— 

19 (1) by striking title VII; and 

20 (2) by adding at the end the following new title 

21 VII: 

22 ‘‘TITLE VII—NATIONAL SECURITY MAIL 

23 COVERS 

24 ‘‘DEFINITIONS

25 ‘‘SEC. 701. In this title: 
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1 ‘‘(1) The terms ‘foreign intelligence informa2 tion’, ‘foreign power’, ‘international terrorism’, and 

3 ‘United States person’ have the meaning given such 

4 terms in section 101. 

5 ‘‘(2)(A) The term ‘mail cover’ means the proc6 ess by which— 

7 ‘‘(i) a nonconsensual record is made of any 

8 data appearing on the outside cover of any 

9 sealed mail or unsealed mail delivered to an ad10 dress, forwarding address, or Post Office box; 

11 or 

12 ‘‘(ii) a record is made of the contents of 

13 any unsealed mail as authorized by law. 

14 ‘‘(B) The term does not include any tran15 scription, photograph, photocopy, or any other fac16 simile of the image of the contents of any sealed 

17 mail. 

18 ‘‘(C) The term also does not include the making 

19 of a record of the data appearing on the outside 

20 cover of any sealed mail or unsealed mail, or the 

21 contents of any unsealed mail, mailed between the 

22 target and the target’s known attorney. 

23 ‘‘(3) The term ‘record’ means— 

24 ‘‘(A) in the case of any mail, a tran25 scription, photograph, photocopy, or other fac-
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•S 1266 RS 

1 simile of the image of the outside contents, 

2 cover, envelope, or wrapper of such mail; and 

3 ‘‘(B) in the case of unsealed mail, a tran4 scription, photograph, photocopy, or other fac5 simile of the image of the contents of such mail. 

6 ‘‘(4) The term ‘sealed mail’ means mail on 

7 which appropriate postage is paid, and which under 

8 postal laws and regulations is included within a class 

9 of mail maintained by the United States Postal 

10 Service for the transmission of mail sealed against 

11 inspection, including first class mail, express mail, 

12 international letter mail, and mailgram messages. 

13 ‘‘(5) The term ‘unsealed mail’ means mail on 

14 which appropriate postage for sealed mail has not 

15 been paid and which under postal laws or regula16 tions is not included within a class of mail main17 tained by the United States Postal Service for the 

18 transmission of mail sealed against inspection, in19 cluding second class mail, third class mail, and 

20 fourth class mail, and international parcel post mail. 

21 ‘‘NATIONAL SECURITY MAIL COVERS

22 ‘‘SEC. 702. (a) DUTY TO PROVIDE.—(1) The United 

23 States Postal Service shall comply with each request for 

24 mail covers made under subsection (b). 

25 ‘‘(2) In complying under paragraph (1) with a re26 quest for mail covers with respect to a target specified in 
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•S 1266 RS 

1 the request, the United States Postal Service shall provide 

2 available records of all mail matter specified in the request 

3 that is delivered to the address, forwarding address, or 

4 Post Office box of the target as specified in the request. 

5 ‘‘(3) In complying under paragraph (1) with a re6 quest for mail covers with respect to a target specified in 

7 the request, the United States Postal Service shall, if re8 quested, provide available records of all outgoing mail 

9 matter from such target. 

10 ‘‘(4) Mechanical reproduction shall be used to make 

11 records under this subsection, unless circumstances render 

12 such reproduction impracticable. 

13 ‘‘(b) REQUESTS FOR MAIL COVERS.—(1) The Direc14 tor of the Federal Bureau of Investigation, or a designee 

15 of the Director in a position not lower than Deputy Assist16 ant Director at Bureau headquarters or Special Agent in 

17 Charge (including an ‘acting’ Special Agent in Charge) in 

18 a Bureau field office designated by the Director, may re19 quest mail covers under subsection (a) if the Director or 

20 such designee certifies in writing to the United States 

21 Postal Service that such mail covers are relevant to an 

22 authorized investigation to obtain foreign intelligence in23 formation not concerning a United States person or to 

24 protect against international terrorism or clandestine in25 telligence activities. 
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1 ‘‘(2) The Postmaster General shall designate officers 

2 and employees of the United States Postal Service who 

3 are eligible to receive requests under paragraph (1). 

4 ‘‘(3) An investigation conducted under this section 

5 shall— 

6 ‘‘(A) be conducted under guidelines approved by 

7 the Attorney General under Executive Order 12333 

8 (or a successor order); and 

9 ‘‘(B) not be conducted concerning a United 

10 States person solely on the basis of activities pro11 tected by the first amendment to the Constitution of 

12 the United States. 

13 ‘‘(c) CONTENTS OF REQUEST.—In addition to the 

14 certification required under subsection (b) with respect to 

15 a request for mail covers described in that subsection, a 

16 request for mail covers under subsection (b) shall speci17 fy— 

18 ‘‘(1) the name and address of the Federal Bu19 reau of Investigation official making the request; 

20 ‘‘(2) the authority of such official to make the 

21 request; 

22 ‘‘(3) the name, if known, of the target of the 

23 request; 

24 ‘‘(4) the name, if known, of the known attorney 

25 of the target; 
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1 ‘‘(5) at least one, and any additional (if 

2 known), of the address, forwarding address, or Post 

3 Office box of the target; 

4 ‘‘(6) the classes of mail to be covered by the re5 quest; 

6 ‘‘(7) whether incoming mail, outgoing mail, or 

7 both are to be covered by the request; 

8 ‘‘(8) the duration of the request; and 

9 ‘‘(9) the name and phone number of a local of10 ficial of the Bureau who will facilitate the collection 

11 of the records produced in response to the request. 

12 ‘‘(d) DURATION.—(1) Except as provided in para13 graph (2), no request for mail covers under subsection (b) 

14 shall remain in force longer than 120 consecutive days. 

15 ‘‘(2) In the case of a request for mail covers under 

16 subsection (b) targeted against a foreign power, the re17 quest shall remain in force for the lesser of— 

18 ‘‘(A) the period specified in the request; or 

19 ‘‘(B) one year. 

20 ‘‘(3)(A) A request under subsection (b) may be ex21 tended, but only upon submittal of a new request under 

22 this section. 

23 ‘‘(B) Except as provided in subparagraph (C), the pe24 riod of extension under this paragraph of a request for 

25 mail covers shall not be more than 120 days. 
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1 ‘‘(C) The period of extension under this paragraph 

2 of a request for mail covers targeted against a foreign 

3 power or an agent of a foreign power (as defined in section 

4 101(b)(1)(A)) shall be for the lesser of— 

5 ‘‘(i) the period specified in the request for ex6 tension under this paragraph; or 

7 ‘‘(ii) one year. 

8 ‘‘(e) MINIMIZATION.—The Attorney General shall 

9 adopt minimization procedures governing the retention 

10 and dissemination by the Federal Bureau of Investigation 

11 of any records received by the Bureau in response to a 

12 request under subsection (b). 

13 ‘‘(f) NONDISCLOSURE REQUIREMENTS.—(1) No offi14 cer or employee of the United States Postal Service, or 

15 agent thereof, shall disclose to any person that the Federal 

16 Bureau of Investigation has sought or received records 

17 under a request under subsection (b) other than to— 

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

19 necessary to comply with the request; 

20 ‘‘(B) an attorney, who shall be an officer or em21 ployee of the United States Postal Service, to obtain 

22 legal advice or assistance with respect to the produc23 tion of records in response to the request; or 
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1 ‘‘(C) other persons as permitted by the Director 

2 of the Federal Bureau of Investigation or a designee 

3 of the Director under subsection (b). 

4 ‘‘(2)(A) Any person having received a disclosure 

5 under subparagraph (A), (B), or (C) of paragraph (1) 

6 shall be subject to the prohibitions on disclosure under 

7 that paragraph. 

8 ‘‘(B) Any person making a further disclosure author9 ized by subparagraph (A), (B), or (C) of paragraph (1) 

10 shall notify the person to whom the disclosure is made 

11 of the prohibitions on disclosure under this subsection. 

12 ‘‘(3) A request under subsection (b) shall notify, in 

13 writing, the person to whom the request is directed of the 

14 nondisclosure requirements under this subsection. 

15 ‘‘CONGRESSIONAL OVERSIGHT

16 ‘‘SEC. 703. (a) SEMIANNUAL NOTICE ON USE OF

17 MAIL COVERS.—On a semiannual basis, the Attorney 

18 General shall fully inform the Select Committee on Intel19 ligence of the Senate and the Permanent Select Committee 

20 on Intelligence of the House of Representatives concerning 

21 all requests for, and use of, national security mail covers 

22 pursuant to this title. 

23 ‘‘(b) SEMIANNUAL REPORT ON MAIL COVERS RE24 QUESTED.—On a semiannual basis, the Attorney General 

25 shall submit to the committees of Congress referred to in 

26 subsection (a) and to the Committees on the Judiciary of 
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1 the Senate and the House of Representatives a report set2 ting forth, with respect to the preceding six-month period, 

3 the total number of national security mail covers requested 

4 under this title.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 for that Act is amended by striking the items relating to 

7 title VII and section 701 and inserting the following new 

8 items: 

‘‘TITLE VII—NATIONAL SECURITY MAIL COVERS 

‘‘Sec. 701. Definitions. 

‘‘Sec. 702. National security mail covers. 

‘‘Sec. 703. Congressional oversight.’’. 

9 SEC. 213. ADMINISTRATIVE SUBPOENAS IN NATIONAL SE10 CURITY INVESTIGATIONS. 

11 (a) IN GENERAL.—The Foreign Intelligence Surveil12 lance Act of 1978, as amended by section 212(a) of this 

13 Act, is further amended by adding at the end the following 

14 new title: 

15 ‘‘TITLE VIII—ADMINISTRATIVE SUBPOENAS IN 

16 NATIONAL SECURITY INVESTIGATIONS 

17 ‘‘DEFINITIONS

18 ‘‘SEC. 801. In this title: 

19 ‘‘(1) The terms ‘international terrorism’, ‘for20 eign intelligence information’, ‘Attorney General’, 

21 and ‘United States person’ have the meaning given 

22 such terms in section 101. 
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1 ‘‘(2) The term ‘Foreign Intelligence Surveil2 lance Court’ means the court established by section 

3 103(a). 

4 ‘‘AUTHORIZATION TO ISSUE

5 ‘‘SEC. 802. (a) AUTHORIZATION TO ISSUE.— 

6 ‘‘(1) IN GENERAL.—The Attorney General, or a 

7 designee of the Attorney General under paragraph 

8 (2), may issue in writing and caused to be served a 

9 subpoena requiring— 

10 ‘‘(A) the production of any records or 

11 other materials that are relevant to an author12 ized investigation— 

13 ‘‘(i) to obtain foreign intelligence in14 formation not concerning a United States 

15 person; or 

16 ‘‘(ii) to protect against international 

17 terrorism or clandestine intelligence activi18 ties; and 

19 ‘‘(B) a certification by the custodian of 

20 such records or other materials concerning the 

21 production and authentication of such records 

22 or other materials. 

23 ‘‘(2) DESIGNEES.—A designee of the Attorney 

24 General under this paragraph is any official des25 ignated by the Attorney General from officials as 

26 follows: 
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1 ‘‘(A) Any official of the Department of 

2 Justice in a position not lower than Assistant 

3 Attorney General which position has responsi4 bility for national security investigations. 

5 ‘‘(B) Any United States Attorney. 

6 ‘‘(C) Any Assistant United States Attorney 

7 with responsibility for national security inves8 tigations. 

9 ‘‘(D) The Director of the Federal Bureau 

10 of Investigation. 

11 ‘‘(E) Any official of the Federal Bureau of 

12 Investigation in a position not lower than Dep13 uty Assistant Director, at Bureau headquarters, 

14 or a Special Agent in Charge (including an ‘act15 ing’ Special Agent in Charge), at a Bureau field 

16 office. 

17 ‘‘(b) GOVERNING AUTHORITIES.—An investigation 

18 conducted under this section shall— 

19 ‘‘(1) be conducted under guidelines approved by 

20 the Attorney General under Executive Order 12333 

21 (or a successor order); and 

22 ‘‘(2) not be conducted concerning a United 

23 States person solely upon the basis of activities pro24 tected by the first amendment to the Constitution of 

25 the United States. 
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1 ‘‘(c) RECORDS NOT SUBJECT TO PRODUCTION.— 

2 Any documentary evidence that would be privileged from 

3 disclosure if demanded by a subpoena duces tecum issued 

4 by a court of the United States in aid of a grand jury 

5 investigation of espionage or international terrorism shall 

6 be privileged from disclosure if demanded by a subpoena 

7 issued under this section. 

8 ‘‘CONTENTS OF SUBPOENAS

9 ‘‘SEC. 803. A subpoena issued under section 802 

10 shall describe the records or items required to be produced 

11 and prescribe a return date within a reasonable period of 

12 time within which such records or items can be assembled 

13 and made available and at a location not more than 500 

14 miles distant from the place where the subpoena was 

15 served. 

16 ‘‘PRODUCTION OF RECORDS

17 ‘‘SEC. 804. The production of records under a sub18 poena issued under section 802 may be required from any 

19 place in any State, or in any territory or other place sub20 ject to the jurisdiction of the United States. 

21 ‘‘SERVICE

22 ‘‘SEC. 805. (a) IN GENERAL.—A subpoena issued 

23 under section 802 may be served by any person designated 

24 in the subpoena as the agent of service. 

25 ‘‘(b) SERVICE OF SUBPOENA.— 
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1 ‘‘(1) NATURAL PERSON.—Service of a subpoena 

2 upon a natural person may be made by personal de3 livery of the subpoena to that person, or by certified 

4 mail with return receipt requested. 

5 ‘‘(2) BUSINESS ENTITIES AND ASSOCIATIONS.— 

6 Service of a subpoena may be made upon a domestic 

7 or foreign corporation, or upon a partnership or 

8 other unincorporated association that is subject to 

9 suit under a common name, by delivering the sub10 poena to an officer, to a managing or general agent, 

11 or to any other agent authorized by appointment or 

12 by law to receive service of process. 

13 ‘‘(3) PROOF OF SERVICE.—The affidavit of the 

14 person serving the subpoena entered by that person 

15 on a true copy thereof shall be sufficient proof of 

16 service. 

17 ‘‘ENFORCEMENT

18 ‘‘SEC. 806. (a) ENFORCEMENT.— 

19 ‘‘(1) IN GENERAL.—In the case of a failure or 

20 refusal to obey a subpoena issued under section 802 

21 to any person or entity, the Attorney General may 

22 invoke the aid of the Foreign Intelligence Surveil23 lance Court or any court of the United States within 

24 the jurisdiction of which the investigation concerned 

25 is carried on, or the subpoenaed person resides, car-
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1 ries on business, or may be found, to compel compli2 ance with the subpoena. 

3 ‘‘(2) VENUE FOR PROCEEDINGS.—If a person 

4 or entity files, in a court other than the court in 

5 which the Government files for enforcement pro6 ceedings under paragraph (1), a petition under sec7 tion 808 for judicial review of a subpoena issued 

8 under section 802 before the Government files for 

9 such enforcement proceedings under paragraph (1), 

10 the court in which such enforcement proceedings are 

11 initiated under paragraph (1) shall dismiss, without 

12 prejudice, such enforcement proceedings or transfer 

13 further proceedings under this section to the court 

14 in which such judicial review proceedings have been 

15 initiated. 

16 ‘‘(b) ORDER.—A court of the United States referred 

17 to in subsection (a) may issue an order requiring the sub18 poenaed person to produce records or items in accordance 

19 with the subpoena, to appear, or to give testimony relating 

20 to compliance with the subpoena. Any failure to obey the 

21 order of the court may be punished by the court as con22 tempt thereof. 

23 ‘‘(c) SERVICE OF PROCESS.—Any process under this 

24 subsection may be served in any judicial district in which 

25 the person may be found. 
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1 ‘‘NONDISCLOSURE REQUIREMENTS

2 ‘‘SEC. 807. (a) IN GENERAL.—If the Attorney Gen3 eral, or a designee of the Attorney General under section 

4 802, certifies that a danger to the national security of the 

5 United States may result, no person shall disclose to any 

6 other person that a subpoena was received or records were 

7 provided pursuant to this title, other than to— 

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

9 necessary to comply with the subpoena; 

10 ‘‘(2) an attorney to obtain legal advice or as11 sistance with respect to the production of records in 

12 response to the subpoena; or 

13 ‘‘(3) other persons as permitted by the Attorney 

14 General or the designee of the Attorney General. 

15 ‘‘(b) NOTICE OF NONDISCLOSURE REQUIRE16 MENTS.— 

17 ‘‘(1) IN GENERAL.—A subpoena under section 

18 802 shall notify, in writing, the person to whom the 

19 subpoena is directed of the nondisclosure require20 ments under subsection (a). 

21 ‘‘(2) NOTICE UNDER FURTHER DISCLOSURES.— 

22 Any person making a further disclosure authorized 

23 by paragraph (1), (2), or (3) of subsection (a) shall 

24 notify the person to whom the disclosure is made of 

25 the prohibitions on disclosure under this section. 
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1 ‘‘(c) FURTHER APPLICABILITY OF NONDISCLOSURE

2 REQUIREMENTS.—Any person who receives a disclosure 

3 under this section shall be subject to the prohibitions on 

4 disclosure under subsection (a). 

5 ‘‘(d) ENFORCEMENT OF NONDISCLOSURE REQUIRE6 MENTS.—Whoever knowingly violates subsection (a) or (c) 

7 shall be imprisoned for not more than 1 year, fined not 

8 more than $10,000, or both, and if the violation is com9 mitted with the intent to obstruct an investigation de10 scribed in section 802(a)(1), shall be imprisoned for not 

11 more than 5 years, fined not more than $50,000, or both. 

12 ‘‘(e) TERMINATION OF NONDISCLOSURE REQUIRE13 MENTS.—If the Attorney General, or a designee of the At14 torney General under section 802, concludes with respect 

15 to any subpoena issued under section 802 and for which 

16 a certification has been made under subsection (a) that 

17 nondisclosure is no longer justified by a danger to the na18 tional security of the United States— 

19 ‘‘(1) the provisions of subsections (a) through 

20 (d) of this section shall no longer apply with respect 

21 to such subpoena; and 

22 ‘‘(2) an officer, employee, or agency of the 

23 United States shall notify the relevant person that 

24 such provisions shall no longer apply with respect to 

25 such subpoena. 
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1 ‘‘JUDICIAL REVIEW

2 ‘‘SEC. 808. (a) JUDICIAL REVIEW.— 

3 ‘‘(1) IN GENERAL.—At any time before the re4 turn date specified in a subpoena issued under sec5 tion 802, the person or entity subpoenaed may, in 

6 the Foreign Intelligence Surveillance Court or the 

7 district court for the district in which that person or 

8 entity does business or resides, petition for an order 

9 modifying or setting aside the subpoena. Such peti10 tion shall be filed in a manner consistent with para11 graph (3). 

12 ‘‘(2) VENUE FOR PROCEEDINGS.—If the Gov13 ernment files, in a court other than the court in 

14 which judicial review proceedings are initiated under 

15 paragraph (1), an enforcement action under section 

16 806 before a petition for judicial review proceedings 

17 is filed under paragraph (1), the court in which such 

18 petition is filed under paragraph (1) shall dismiss, 

19 without prejudice, such judicial review proceedings 

20 or transfer further proceedings under this section to 

21 the court in which such enforcement proceedings 

22 have been initiated. 

23 ‘‘(3) CLOSED PROCEEDINGS.—If a certification 

24 has been made under section 807(a) with respect to 

25 a subpoena, and the nondisclosure requirements of 
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1 section 807 continue to apply with respect to such 

2 subpoena— 

3 ‘‘(A) all proceedings under this section 

4 shall be closed to the extent necessary to ensure 

5 nondisclosure of the issuance of the subpoena, 

6 subject to any right to an open hearing in a 

7 criminal proceeding; and 

8 ‘‘(B) all petitions, filings, records, orders, 

9 and subpoenas with respect to such proceedings 

10 shall be filed and maintained under seal. 

11 ‘‘(b) REVIEW OF GOVERNMENT SUBMISSIONS.— 

12 ‘‘(1) REQUIREMENTS REGARDING CERTAIN IN13 FORMATION.—In all proceedings under this section, 

14 the court shall, upon request of the Federal Govern15 ment, review any submission of the Federal Govern16 ment, or portion thereof, containing classified infor17 mation, or other sensitive information the disclosure 

18 of which would harm national security, ex parte and 

19 in camera. 

20 ‘‘(2) LIMITED AUTHORITY TO DISCLOSE.—If 

21 the court reviews any submission of the Federal 

22 Government under paragraph (1) ex parte and in 

23 camera, the court may disclose the information sub24 ject to such review to the person filing the petition 

25 concerned, under appropriate security procedures 
27 

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1 and protective orders, only where such disclosure is 

2 necessary to make an accurate determination for 

3 purposes of subsection (d). 

4 ‘‘(c) MODIFICATION OF NONDISCLOSURE REQUIRE5 MENTS.—A court may modify or set aside a nondisclosure 

6 requirement imposed under section 807 at the request of 

7 a person to whom a subpoena has been directed under sec8 tion 802, unless the Attorney General or the Director of 

9 the Federal Bureau of Investigation certifies to the court 

10 that disclosure may result in a danger to the national se11 curity of the United States. 

12 ‘‘(d) STANDARD OF REVIEW.—A court may modify 

13 or set aside a subpoena under this section if compliance 

14 with the subpoena would be unreasonable or oppressive. 

15 ‘‘IMMUNITY FROM CIVIL LIABILITY

16 ‘‘SEC. 809. Any person, including any officer, agent, or 

17 employee of a non-natural person, who in good faith pro18 duces the records or items requested in a subpoena issued 

19 under section 802 shall not be liable in any court of the 

20 United States or any State to any customer or other per21 son for such production, or for nondisclosure of that pro22 duction to the customer or other person. 

23 ‘‘GUIDELINES AND PROCEDURES

24 ‘‘SEC. 810. (a) IN GENERAL.—The Attorney General, 

25 in consultation with the Director of the Federal Bureau 

26 of Investigation, shall, by regulation, establish such guide-
28 

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1 lines as are necessary to ensure the effective implementa2 tion of this title. 

3 ‘‘(b) MINIMIZATION.—The Attorney General shall 

4 adopt specific minimization procedures governing the re5 tention and dissemination by the Federal Bureau of Inves6 tigation of any records received by the Bureau in response 

7 to a subpoena under this title. 

8 ‘‘(c) PROCEDURES.—The Foreign Intelligence Sur9 veillance Court shall adopt and publish procedures gov10 erning the enforcement, under section 806, and judicial 

11 review, under section 808, of subpoenas under this title. 

12 ‘‘CONGRESSIONAL OVERSIGHT

13 ‘‘SEC. 811. (a) SEMIANNUAL NOTICE ON USE OF AD14 MINISTRATIVE SUBPOENAS.—On a semiannual basis, the 

15 Attorney General shall fully inform the Select Committee 

16 on Intelligence of the Senate and the Permanent Select 

17 Committee on Intelligence of the House of Representatives 

18 concerning all requests for, and uses of, administrative 

19 subpoenas pursuant to this title. 

20 ‘‘(b) SEMIANNUAL REPORT ON ADMINISTRATIVE

21 SUBPOENAS REQUESTED.—On a semiannual basis, the 

22 Attorney General shall submit to the committees of Con23 gress referred to in subsection (a) and to the Committees 

24 on the Judiciary of the Senate and the House of Rep25 resentatives a report setting forth, with respect to the pre26 ceding six-month period— 
29 

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1 ‘‘(1) the total number of administrative sub2 poenas issued under this title; 

3 ‘‘(2) the total number of certifications under 

4 section 807(a); 

5 ‘‘(3) the total number of petitions filed under 

6 section 808; 

7 ‘‘(4) the total number of petitions modified or 

8 set aside pursuant to section 808(a); and 

9 ‘‘(5) the total number of administrative sub10 poenas issued under this title requiring the produc11 tion of any records or other materials from or with 

12 respect to each of the following: 

13 ‘‘(A) From a library, as defined in section 

14 213(2) of the Library Services and Technology 

15 Act (20 U.S.C. 9122(2)). 

16 ‘‘(B) From a person or entity primarily en17 gaged in the sale, rental, or delivery of books, 

18 journals, magazines, or other similar forms of 

19 communication whether in print or digitally. 

20 ‘‘(C) With respect to the purchase of a 

21 firearm, as defined in section 921(a)(3) of title 

22 18, United States Code. 

23 ‘‘(D) With respect to health information, 

24 as defined in section 1171 of the Social Secu25 rity Act (42 U.S.C. 1320d(4)). 
30 

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1 ‘‘(E) With respect to taxpayer return in2 formation, return, or return information, as de3 fined in section 6103(b) of the Internal Rev4 enue Code of 1986 (26 U.S.C. 6103(b)).’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 for that Act, as amended by section 212(b) of this Act, 

7 is further amended adding at the end the following new 

8 items: 

‘‘TITLE VIII—ADMINISTRATIVE SUBPOENAS IN NATIONAL 

SECURITY INVESTIGATIONS 

‘‘Sec. 801. Definitions. 

‘‘Sec. 802. Authorization to issue. 

‘‘Sec. 803. Contents of subpoena. 

‘‘Sec. 804. Production of records. 

‘‘Sec. 805. Service. 

‘‘Sec. 806. Enforcement. 

‘‘Sec. 807. Nondisclosure requirements. 

‘‘Sec. 808. Judicial review. 

‘‘Sec. 809. Immunity from civil liability. 

‘‘Sec. 810. Guidelines and procedures. 

‘‘Sec. 811. Congressional oversight.’’. 

9 (c) IMPLEMENTATION.—(1) The Attorney General 

10 shall issue the guidelines required by section 810(a) of the 

11 Foreign Intelligence Surveillance Act of 1978, as added 

12 by subsection (a), not later than 180 days after the date 

13 of the enactment of this Act. 

14 (2) Not later than 180 days after the date of the 

15 issuance of the guidelines described in paragraph (1), the 

16 Federal Bureau of Investigation shall use the authority 

17 for administrative subpoenas provided in title VIII of the 
31 

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1 Foreign Intelligence Surveillance Act of 1978, as so 

2 added— 

3 (A) to access certain communication service 

4 provider records in lieu of the authority in section 

5 2709 of title 18, United States Code; 

6 (B) to obtain financial institution customer 

7 records in lieu of the authority in section 1114 of 

8 the Right to Financial Privacy Act (12 U.S.C. 

9 3414); 

10 (C) to obtain financial information, records, 

11 and consumer reports in lieu of the authority in sec12 tion 802 of the National Security Act of 1947 (50 

13 U.S.C. 436); 

14 (D) to obtain certain financial information and 

15 consumer reports in lieu of the authority in section 

16 625 of the Fair Credit Reporting Act (15 U.S.C. 

17 1681u); and 

18 (E) to obtain credit agency consumer records 

19 for counterterrorism investigations in lieu of the au20 thority in section 627 of the Fair Credit Reporting 

21 Act (15 U.S.C. 1681v). 

22 (d) REPORT.—(1) The Attorney General and Direc23 tor of National Intelligence shall, in consultation with the 

24 heads of other affected departments and agencies of the 

25 United States Government, examine the continuing need 
32 

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1 for the authority in title V of the Foreign Intelligence Sur2 veillance Act of 1978 (50 U.S.C. 1861 et seq.), and the 

3 authority to utilize so-called ‘‘national security letters’’ 

4 (including requests under the authorities referred to in 

5 subparagraphs (A) through (E) of subsection (c)(2)), in 

6 light of the amendments made by this section. 

7 (2) Not later than one year after the date of the en8 actment of this Act, the Attorney General and the Direc9 tor shall jointly submit to the appropriate committees of 

10 Congress a report on the examination conducted under 

11 paragraph (1). The report shall be submitted in unclassi12 fied form, but may include a classified annex. 

13 (3) In this subsection, the term ‘‘appropriate commit14 tees of Congress’’ means— 

15 (A) the Select Committee on Intelligence and 

16 the Committee on the Judiciary of the Senate; and 

17 (B) the Permanent Select Committee on Intel18 ligence and the Committee on the Judiciary of the 

19 House of Representatives. 

20 (e) SUNSET.—(1) Except as provided in paragraph 

21 (2), this section, and the amendments made by this sec22 tion, shall cease to have effect on December 31, 2009. 

23 (2) With respect to any particular foreign intelligence 

24 investigation that began before the date on which the pro-
33 

•S 1266 RS 

1 visions referred to in paragraph (1) cease to have effect, 

2 such provisions shall continue in effect. 

3 SEC. 214. MODIFICATION OF SEMIANNUAL REPORT RE4 QUIREMENT ON ACTIVITIES UNDER FOREIGN 

5 INTELLIGENCE SURVEILLANCE ACT OF 1978. 

6 Paragraph (2) of section 108(a) of the Foreign Intel7 ligence Surveillance Act of 1978 (50 U.S.C. 1808(a)) is 

8 amended to read as follows: 

9 ‘‘(2) Each report under the first sentence of para10 graph (1) shall include a description of each criminal case 

11 in which information acquired under this Act has been au12 thorized for use at trial during the period covered by such 

13 report.’’. 

14 SEC. 215. AUTHORITY FOR DISCLOSURE OF ADDITIONAL IN15 FORMATION IN CONNECTION WITH ORDERS 

16 FOR PEN REGISTERS OR TRAP AND TRACE 

17 DEVICES UNDER FOREIGN INTELLIGENCE 

18 SURVEILLANCE ACT OF 1978. 

19 Section 402(d)(2) of the Foreign Intelligence Surveil20 lance Act of 1978 (50 U.S.C. 1842(d)(2)) is amended— 

21 (1) in subparagraph (A)— 

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

23 end; and 

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

25 the end and inserting a semicolon; and 
34 

•S 1266 RS 

1 (2) in subparagraph (B)(iii), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

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

6 applicant, the provider of a wire or electronic com7 munication service shall disclose to the Federal offi8 cer using the pen register or trap and trace device 

9 covered by the order— 

10 ‘‘(i) in the case of the customer or sub11 scriber using the service covered by the order 

12 (for the period specified by the order)— 

13 ‘‘(I) the name of the customer or sub14 scriber; 

15 ‘‘(II) the address of the customer or 

16 subscriber; 

17 ‘‘(III) the telephone or instrument 

18 number, or other subscriber number or 

19 identifier, of the customer or subscriber, 

20 including any temporarily assigned net21 work address or associated routing or 

22 transmission information; 

23 ‘‘(IV) the length of the provision of 

24 service by such provider to the customer or 
35 

•S 1266 RS 

1 subscriber and the types of services utilized 

2 by the customer or subscriber; 

3 ‘‘(V) in the case of a provider of local 

4 or long distance telephone service, any 

5 local or long distance telephone records of 

6 the customer or subscriber; 

7 ‘‘(VI) if applicable, any records re8 flecting period of usage (or sessions) by 

9 the customer or subscriber; and 

10 ‘‘(VII) any mechanisms and sources 

11 of payment for such service, including the 

12 number of any credit card or bank account 

13 utilized for payment for such service; and 

14 ‘‘(ii) if available, with respect to any cus15 tomer or subscriber of incoming or outgoing 

16 communications to or from the service covered 

17 by the order— 

18 ‘‘(I) the name of such customer or 

19 subscriber; 

20 ‘‘(II) the address of such customer or 

21 subscriber; 

22 ‘‘(III) the telephone or instrument 

23 number, or other subscriber number or 

24 identifier, of such customer or subscriber, 

25 including any temporarily assigned net-
36 

•S 1266 RS 

1 work address or associated routing or 

2 transmission information; and 

3 ‘‘(IV) the length of the provision of 

4 service by such provider to such customer 

5 or subscriber and the types of services uti6 lized by such customer or subscriber.’’. 

7 SEC. 216. SURVEILLANCE OF CERTAIN NON-UNITED STATES 

8 PERSONS UNDER FOREIGN INTELLIGENCE 

9 SURVEILLANCE ACT OF 1978. 

10 (a) TREATMENT AS AGENT OF FOREIGN POWER OF

11 NON-UNITED STATES PERSONS WHO AID OR ABET CER12 TAIN TERRORISTS AND SABOTEURS.—Section 

13 101(b)(1)(A) of the Foreign Intelligence Surveillance Act 

14 of 1978 (50 U.S.C. 1801(b)(1)(A)) is amended by insert15 ing ‘‘, knowingly aids or abets any person in the conduct 

16 of activities described in paragraph (2)(C) for or on behalf 

17 of a foreign power, as defined in subsection (a)(4), or 

18 knowingly conspires with any person engaged in activities 

19 described in paragraph (2)(C) for or on behalf of a foreign 

20 power, as defined in subsection (a)(4)’’ before the semi21 colon. 

22 (b) DURATION OF PEN REGISTERS AND TRAP AND

23 TRACE DEVICES.—Subsection (e) of section 402 of such 

24 Act (50 U.S.C. 1842) is amended to read as follows: 
37 

•S 1266 RS 

1 ‘‘(e)(1)(A) Except as provided in subparagraphs (B) 

2 and (C), an order issued under this section shall authorize 

3 the installation and use of a pen register or trap and trace 

4 device for a period not to exceed 90 days. 

5 ‘‘(B) In any case in which the applicant for an order 

6 under this section certifies that the information likely to 

7 be obtained is foreign intelligence information concerning 

8 a foreign power (as defined in paragraph (1), (2), or (3) 

9 of section 101(a)), the order may be for the period speci10 fied in the application or for one year, whichever is less. 

11 ‘‘(C) In any case in which the applicant for an order 

12 under this section certifies that the information likely to 

13 be obtained is foreign intelligence information concerning 

14 an agent of a foreign power (as defined in section 

15 101(b)(1)(A)), the order may be for the period specified 

16 in the application or for 120 days, whichever is less. 

17 ‘‘(2)(A) Extensions of an order under this section 

18 may be granted, but only upon application for an order 

19 under this section and upon the judicial finding required 

20 by subsection (d). 

21 ‘‘(B) Except as provided in subparagraph (C), an ex22 tension under this paragraph of an order under this sec23 tion shall be for a period not to exceed 90 days. 

24 ‘‘(C) In any case in which the applicant for an exten25 sion under this paragraph certifies that the information 
38 

•S 1266 RS 

1 likely to be obtained is foreign intelligence information 

2 concerning a foreign power (as defined in paragraph (1), 

3 (2), or (3) of section 101(a)) or an agent of a foreign 

4 power (as defined in section 101(b)(1)(A)), the extension 

5 may be for a period not to exceed one year.’’. 

6 SEC. 217. ADDITIONAL INFORMATION IN APPLICATIONS 

7 FOR ORDERS FOR PEN REGISTERS AND TRAP 

8 AND TRACE DEVICES AND BUSINESS 

9 RECORDS UNDER FOREIGN INTELLIGENCE 

10 SURVEILLANCE ACT OF 1978. 

11 (a) ORDERS FOR PEN REGISTERS AND TRAP AND

12 TRACE DEVICES.—Section 402(c) of the Foreign Intel13 ligence Surveillance Act of 1978 (50 U.S.C. 1842(c)) is 

14 amended— 

15 (1) in paragraph (1), by striking ‘‘and’’ at the 

16 end; 

17 (2) in paragraph (2), by striking the period at 

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

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) an explanation by the applicant that sup22 ports the assertion of relevance under paragraph 

23 (2).’’. 
39 

•S 1266 RS 

1 (b) ORDERS FOR BUSINESS RECORDS.—Subsection 

2 (b) of section 501 of such Act, as amended by section 

3 211(a)(2) of this Act, is further amended— 

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

5 the end; 

6 (2) in paragraph (2), by striking the period at 

7 the end and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following new 

9 paragraph: 

10 ‘‘(3) shall include an explanation by the appli11 cant that supports the assertion of relevance under 

12 paragraph (2).’’. 

13 SEC. 218. FORM OF SEMIANNUAL REPORTS ON ACCESS TO 

14 BUSINESS RECORDS UNDER FOREIGN INTEL15 LIGENCE SURVEILLANCE ACT OF 1978. 

16 Section 502(b) of the Foreign Intelligence Surveil17 lance Act of 1978 (50 U.S.C. 1862(b)), as amended by 

18 section 211(e) of this Act, is further amended— 

19 (1) in paragraph (3), by redesignating subpara20 graphs (A) through (E) as clauses (i) through (v), 

21 respectively; 

22 (2) by redesignating paragraphs (1), (2), and 

23 (3) as subparagraphs (A), (B), and (C), respectively; 

24 (3) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
40 

•S 1266 RS 

1 (4) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) Each report under paragraph (1) shall be sub4 mitted in unclassified form, but may include a classified 

5 annex.’’. 

6 SEC. 219. REPORT ON VOLUNTARY DISCLOSURE OF BUSI7 NESS RECORDS FOR FOREIGN INTELLIGENCE 

8 PURPOSES. 

9 (a) REPORT REQUIRED.—Not later than six months 

10 after the date of the enactment of this Act, the Attorney 

11 General shall submit to the Permanent Select Committee 

12 on Intelligence of the House of Representatives and the 

13 Select Committee on Intelligence of the Senate a report 

14 on the access provided to the Federal Bureau of Investiga15 tion, on a voluntary basis at the request of the Bureau, 

16 to tangible things (including books, records, papers, docu17 ments, and other items) for purposes of investigations de18 scribed by section 501(a)(1) of the Foreign Intelligence 

19 Surveillance Act of 1978 (50 U.S.C. 1861(a)(1)). 

20 (b) ELEMENTS.—The report required by subsection 

21 (a) shall include the following: 

22 (1) A description of the policies and procedures 

23 of the Federal Bureau of Investigation for seeking 

24 access to things as described in subsection (a). 
41 

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1 (2) A description of the circumstance in which 

2 such access is regularly sought. 

3 (3) A description of the general frequency with 

4 which such access is sought. 

5 (4) A description of the general frequency with 

6 which a request for such access is denied. 

7 (5) An assessment of the success of the Bureau 

8 in obtaining through such access information of 

9 value to investigations described in subsection (a). 

10 (c) FORM.—The report required by subsection (a) 

11 shall be submitted in unclassified form, but may include 

12 a classified annex. 
Calendar No. 132 

109TH CONGRESS 

1ST SESSION S. 1266 

[Report No. 109–85] 

A BILL 

To permanently authorize certain provisions of the 

national security, and for other purposes. tional investigative tools necessary to protect the ligence Surveillance Act of 1978, to provide addiclarify certain definitions in the Foreign Intelform and Terrorism Prevention Act of 2004, to to reauthorize a provision of the Intelligence Restruct Terrorism (USA PATRIOT) Act of 2001, Appropriate Tools Required to Intercept and ObUniting and Strengthening America by Providing 

JUNE 16, 2005 

Read twice and placed on the calendar