II 

109TH CONGRESS 

1ST SESSION S. 1389 

To reauthorize and improve the USA PATRIOT Act. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2005 

Mr. SPECTER (for himself, Mrs. FEINSTEIN, and Mr. KYL) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To reauthorize and improve the USA PATRIOT Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘USA PATRIOT Improvement and Reauthorization Act 

6 of 2005’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Patriot section 203; notice to court of disclosure of foreign intelligence 

information. 

Sec. 3. Patriot section 206; additional requirements for multipoint electronic 

surveillance under FISA. 
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Sec. 4. Patriot section 207; duration of FISA surveillance of non-United States 

persons. 

Sec. 5. Patriot section 212; enhanced oversight of good-faith emergency disclosures. 

Sec. 6. Patriot section 213; limitations on delayed notice search warrants. 

Sec. 7. Patriot section 214; factual basis for pen register and trap and trace 

authority under FISA. 

Sec. 8. Patriot section 215; procedural protections for court orders to produce 

records and other items in intelligence investigations. 

Sec. 9. Patriot section 505; procedural protections for national security letters. 

Sec. 10. Sunset provisions. 

Sec. 11. Enhancement of sunshine provisions. 

1 SEC. 2. PATRIOT SECTION 203; NOTICE TO COURT OF DIS2 CLOSURE OF FOREIGN INTELLIGENCE IN3 FORMATION. 

4 Section 2517 of title 18, United States Code, is 

5 amended by adding at the end the following: 

6 ‘‘(9) Within a reasonable time after disclosure is 

7 made, pursuant to paragraph (6), (7), or (8), of the con8 tents of any wire, oral, or electronic communication, an 

9 attorney for the Government must file, under seal, a notice 

10 with the judge that issued the order authorizing or approv11 ing the interception of such wire, oral, or electronic com12 munication, stating that such contents or evidence was 

13 disclosed and the departments, agencies, or entities to 

14 which the disclosure was made.’’. 

15 SEC. 3. PATRIOT SECTION 206; ADDITIONAL REQUIRE16 MENTS FOR MULTIPOINT ELECTRONIC SUR17 VEILLANCE UNDER FISA. 

18 (a) PARTICULARITY REQUIREMENT.—Section 

19 105(c)(1)(A) of the Foreign Intelligence Surveillance Act 

20 of 1978 (50 U.S.C. 1805(c)(1)(A)) is amended by insert-
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1 ing before the semicolon at the end the following: ‘‘, and 

2 if the nature and location of each of the facilities or places 

3 at which the surveillance will be directed is not known, 

4 and if the identity of the target is not known, the order 

5 shall include sufficient information to describe a specific 

6 target with particularity’’. 

7 (b) ADDITIONAL DIRECTIONS.—Section 105(c) of the 

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

9 1805(c)) is amended— 

10 (1) by striking ‘‘An order approving an elec11 tronic surveillance under this section shall—’’; 

12 (2) in paragraph (1), by inserting before ‘‘speci13 fy’’ the following: ‘‘SPECIFICATIONS.—An order ap14 proving an electronic surveillance under this section 

15 shall’’; 

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

17 and inserting a period; 

18 (4) in paragraph (2), by inserting before ‘‘di19 rect’’ the following: ‘‘DIRECTIONS.—An order ap20 proving an electronic surveillance under this section 

21 shall’’; and 

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

23 ‘‘(3) SPECIAL DIRECTIONS FOR CERTAIN OR24 DERS.—An order approving an electronic surveil25 lance under this section in circumstances where the 
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1 nature and location of each of the facilities or places 

2 at which the surveillance will be directed is unknown 

3 shall direct the applicant to provide notice to the 

4 court within 10 days after the date on which surveil5 lance begins to be directed at any new facility or 

6 place of— 

7 ‘‘(A) the nature and location of each facil8 ity or place at which the electronic surveillance 

9 is directed; 

10 ‘‘(B) the facts and circumstances relied 

11 upon by the applicant to justify the applicant’s 

12 belief that each facility or place at which the 

13 electronic surveillance is directed is being used, 

14 or is about to be used, by the target of the sur15 veillance; and 

16 ‘‘(C) a statement of any proposed mini17 mization procedures that differ from those con18 tained in the original application or order, that 

19 may be necessitated by a change in the facility 

20 or place at which the electronic surveillance is 

21 directed.’’. 

22 (c) ENHANCED OVERSIGHT.— 

23 (1) REPORT TO CONGRESS.—Section 108(a)(1) 

24 of the Foreign Intelligence Surveillance Act of 1978 

25 (50 U.S.C. 1808(a)(1)) is amended by inserting ‘‘, 
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1 and the Committee on the Judiciary of the House of 

2 Representatives and the Committee on the Judiciary 

3 of the Senate,’’ after ‘‘Senate Select Committee on 

4 Intelligence’’. 

5 (2) MODIFICATION OF SEMIANNUAL REPORT

6 REQUIREMENT ON ACTIVITIES UNDER FOREIGN IN7 TELLIGENCE SURVEILLANCE ACT OF 1978.—Para8 graph (2) of section 108(a) of the Foreign Intel9 ligence Surveillance Act of 1978 (50 U.S.C. 

10 1808(a)) is amended to read as follows: 

11 ‘‘(2) Each report under the first sentence of para12 graph (1) shall include a description of— 

13 ‘‘(A) the total number of applications made for 

14 orders and extensions of orders approving electronic 

15 surveillance under this title where the nature and lo16 cation of each facility or place at which the elec17 tronic surveillance will be directed is not known; and 

18 ‘‘(B) each criminal case in which information 

19 acquired under this Act has been authorized for use 

20 at trial during the period covered by such report.’’. 
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1 SEC. 4. PATRIOT SECTION 207; DURATION OF FISA SUR2 VEILLANCE OF NON-UNITED STATES PER3 SONS. 

4 (a) ELECTRONIC SURVEILLANCE ORDERS.—Section 

5 105(e) of the Foreign Intelligence Surveillance Act (50 

6 U.S.C. 1805(e)) is amended— 

7 (1) in paragraph (1)(B), by striking ‘‘, as de8 fined in section 101(b)(1)(A)’’ and inserting ‘‘who is 

9 not a United States person’’; and 

10 (2) in paragraph (2)(B), by striking ‘‘as defined 

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

12 a United States person’’. 

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

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

15 1824(d)) is amended— 

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

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

18 United States person’’; and 

19 (2) in paragraph (2), striking ‘‘as defined in 

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

21 United States person’’. 

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

23 Intelligence Surveillance Act (50 U.S.C. 1842(e)) is 

24 amended by— 

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

26 appears the following: ‘‘, except that in cases where 
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1 the applicant has certified that the information like2 ly to be obtained is foreign intelligence information 

3 not concerning a United States person, an order 

4 issued under this section may be for a period not to 

5 exceed 1 year’’; and 

6 (2) by inserting after ‘‘90 days’’ the second 

7 place it appears the following: ‘‘, except that in cases 

8 where the applicant has certified that the informa9 tion likely to be obtained is foreign intelligence infor10 mation not concerning a United States person, an 

11 extension of an order issued under this section may 

12 be for a period not to exceed 1 year’’. 

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

14 GOOD-FAITH EMERGENCY DISCLOSURES. 

15 (a) ENHANCED OVERSIGHT.—Section 2702 of title 

16 18, United States Code, is amended by adding at the end 

17 the following: 

18 ‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.— 

19 On an annual basis, the Attorney General shall submit to 

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

22 Senate a report containing— 

23 ‘‘(1) the number of accounts from which the 

24 Department of Justice has received voluntary disclo25 sures under subsection (b)(8); and 
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1 ‘‘(2) a summary of the basis for disclosure in 

2 those instances where— 

3 ‘‘(A) voluntary disclosures under sub4 section (b)(8) were made to the Department of 

5 Justice; and 

6 ‘‘(B) the investigation pertaining to those 

7 disclosures was closed without the filing of 

8 criminal charges.’’. 

9 (b) TECHNICAL AMENDMENTS TO CONFORM COM10 MUNICATIONS AND CUSTOMER RECORDS EXCEPTIONS.— 

11 (1) VOLUNTARY DISCLOSURES.—Section 2702 

12 of title 18, United States Code, is amended— 

13 (A) in subsection (b)(8)— 

14 (i) by striking ‘‘Federal, State, or 

15 local’’; and 

16 (ii) by inserting ‘‘immediate’’ before 

17 ‘‘danger’’; and 

18 (B) by striking subsection (c)(4) and in19 serting the following: 

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

21 in good faith, believes that an emergency involving 

22 immediate danger of death or serious physical injury 

23 to any person requires disclosure without delay of 

24 the information.’’. 
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1 (2) DEFINITIONS.—Section 2711 of title 18, 

2 United States Code, is amended— 

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

4 the end; 

5 (B) in paragraph (3), by striking the pe6 riod at the end and inserting ‘‘; and’’; and 

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

8 ‘‘(4) the term ‘governmental entity’ means a de9 partment or agency of the United States or any 

10 State or political subdivision thereof.’’. 

11 SEC. 6. PATRIOT SECTION 213; LIMITATIONS ON DELAYED 

12 NOTICE SEARCH WARRANTS. 

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

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

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

16 inserting ‘‘may— 

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

18 an individual; 

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

20 ‘‘(C) result in the destruction of or tam21 pering with evidence; 

22 ‘‘(D) result in intimidation of potential 

23 witnesses; or 

24 ‘‘(E) otherwise seriously jeopardize an in25 vestigation;’’. 
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1 (b) LIMITATION ON REASONABLE PERIOD FOR

2 DELAY.—Section 3103a(b)(3) of title 18, United States 

3 Code, is amended by— 

4 (1) inserting ‘‘on a date certain that is’’ before 

5 ‘‘within a reasonable period of its execution’’; and 

6 (2) after ‘‘good cause shown’’ inserting ‘‘, sub7 ject to the condition that extensions should only be 

8 granted upon an updated showing of the need for 

9 further delay and that each additional delay should 

10 be limited to periods of 90 days or less, unless the 

11 facts of the case justify a longer period of delay’’. 

12 (c) ENHANCED OVERSIGHT.—Section 3103a of title 

13 18, United States Code, is amended by adding at the end 

14 the following: 

15 ‘‘(c) REPORTS.— 

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

17 days after the expiration of a warrant authorizing 

18 delayed notice (including any extension thereof) en19 tered under this section, or the denial of such war20 rant (or request for extension), the issuing or deny21 ing judge shall report to the Administrative Office of 

22 the United States Courts— 

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

24 for; 
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1 ‘‘(B) the fact that the warrant or any ex2 tension thereof was granted as applied for, was 

3 modified, or was denied; 

4 ‘‘(C) the period of delay in the giving of 

5 notice authorized by the warrant, and the num6 ber and duration of any extensions; and 

7 ‘‘(D) the offense specified in the warrant 

8 or application. 

9 ‘‘(2) REPORT BY ADMINISTRATIVE OFFICE OF

10 THE UNITED STATES COURTS.—In April of each 

11 year, the Director of the Administrative Office of the 

12 United States Courts shall transmit to Congress a 

13 full and complete report— 

14 ‘‘(A) concerning the number of applica15 tions for warrants and extensions of warrants 

16 authorizing delayed notice pursuant to this sec17 tion, and the number of warrants and exten18 sions granted or denied pursuant to this section 

19 during the preceding calendar year; and 

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

21 of the data required to be filed with the Admin22 istrative Office by paragraph (1). 

23 ‘‘(3) REGULATIONS.—The Director of the Ad24 ministrative Office of the United States Courts, in 

25 consultation with the Attorney General, is author-
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1 ized to issue binding regulations dealing with the 

2 content and form of the reports required to be filed 

3 under paragraph (1).’’. 

4 SEC. 7. PATRIOT SECTION 214; FACTUAL BASIS FOR PEN 

5 REGISTER AND TRAP AND TRACE AUTHORITY 

6 UNDER FISA. 

7 (a) FACTUAL BASIS FOR PEN REGISTERS AND TRAP

8 AND TRACE DEVICES UNDER FISA.— 

9 (1) APPLICATION.—Section 402(c)(2) of the 

10 Foreign Intelligence Surveillance Act of 1978 (50 

11 U.S.C. 1842(c)(2)) is amended by striking ‘‘a certifi12 cation by the applicant that’’ and inserting ‘‘a state13 ment of the facts relied upon by the applicant to jus14 tify the applicant’s belief that’’. 

15 (2) ORDER.—Section 402(d)(1) of the Foreign 

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

17 1842(d)(1)) is amended by striking ‘‘if the judge 

18 finds that’’ and all that follows and inserting ‘‘if the 

19 judge finds that the application includes sufficient 

20 facts to justify the belief that the information likely 

21 to be obtained is foreign intelligence information not 

22 concerning a United States person or is relevant to 

23 an ongoing investigation to protect against inter24 national terrorism or clandestine intelligence activi-
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1 ties and otherwise satisfies the requirements of this 

2 section.’’. 

3 (b) RECORDS.—Section 402(d)(2) of the Foreign In4 telligence Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) 

5 is amended— 

6 (1) in subparagraph (A)— 

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

8 end; and 

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

10 the end and inserting a semicolon; and 

11 (2) in subparagraph (B)(iii), by striking the pe12 riod at the end and inserting ‘‘; and’’; and 

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

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

15 the applicant, the provider of a wire or elec16 tronic communication service shall disclose to 

17 the Federal officer using the pen register or 

18 trap and trace device covered by the order— 

19 ‘‘(i) in the case of the customer or 

20 subscriber using the service covered by the 

21 order (for the period specified by the 

22 order)— 

23 ‘‘(I) the name of the customer or 

24 subscriber; 
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1 ‘‘(II) the address of the customer 

2 or subscriber; 

3 ‘‘(III) the telephone or instru4 ment number, or other subscriber 

5 number or identifier, of the customer 

6 or subscriber, including any tempo7 rarily assigned network address or as8 sociated routing or transmission infor9 mation; 

10 ‘‘(IV) the length of the provision 

11 of service by such provider to the cus12 tomer or subscriber and the types of 

13 services utilized by the customer or 

14 subscriber; 

15 ‘‘(V) in the case of a provider of 

16 local or long distance telephone serv17 ice, any local or long distance tele18 phone records of the customer or sub19 scriber; 

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, 

25 including the number of any credit 
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1 card or bank account utilized for pay2 ment 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 serv6 ice covered by the order— 

7 ‘‘(I) the name of such customer 

8 or subscriber; 

9 ‘‘(II) the address of such cus10 tomer or subscriber; 

11 ‘‘(III) the telephone or instru12 ment number, or other subscriber 

13 number or identifier, of such customer 

14 or subscriber, including any tempo15 rarily assigned network address or as16 sociated routing or transmission infor17 mation; and 

18 ‘‘(IV) the length of the provision 

19 of service by such provider to such 

20 customer or subscriber and the types 

21 of services utilized by such customer 

22 or subscriber.’’. 

23 (c) ENHANCED OVERSIGHT.—Section 406 of the 

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

25 1846) 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), by striking ‘‘On a semi6 annual basis’’ through ‘‘the preceding 6-month pe7 riod’’ and inserting, ‘‘In April of each year, the At8 torney General shall transmit to the Administrative 

9 Office of the United States Courts and to Congress 

10 a report setting forth with respect to the preceding 

11 calendar year’’. 

12 SEC. 8. PATRIOT SECTION 215; PROCEDURAL PROTECTIONS 

13 FOR COURT ORDERS TO PRODUCE RECORDS 

14 AND OTHER ITEMS IN INTELLIGENCE INVES15 TIGATIONS. 

16 (a) FACTUAL BASIS FOR REQUESTED ORDER.— 

17 (1) APPLICATION.—Section 501(b)(2) of the 

18 Foreign Intelligence Surveillance Act of 1978 (50 

19 U.S.C. 1861(b)(2)) is amended by striking ‘‘shall 

20 specify that the records concerned are sought for’’ 

21 and inserting ‘‘shall include a statement of facts 

22 showing that there are reasonable grounds to believe 

23 that the records or other things sought are relevant 

24 to’’. 
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1 (2) ORDER.—Section 501(c)(1) of the Foreign 

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

3 1861(c)(1)) is amended by striking ‘‘if the judge 

4 finds that’’ and all that follows and inserting ‘‘if the 

5 judge finds that the statement of facts contained in 

6 the application establishes reasonable grounds to be7 lieve that the records or other things sought are rel8 evant to an authorized investigation conducted in ac9 cordance with subsection (a)(2) to obtain foreign in10 telligence information not concerning a United 

11 States person or to protect against international ter12 rorism or clandestine intelligence activities, and the 

13 application meets the other requirements of this sec14 tion.’’. 

15 (b) ADDITIONAL PROTECTIONS.—Section 501(c) of 

16 the Foreign Intelligence Surveillance Act of 1978 (50 

17 U.S.C. 1861(c)) is amended— 

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

19 order under this subsection’’ the following: ‘‘— 

20 ‘‘(A) shall describe the tangible things con21 cerned with sufficient particularity to permit 

22 them to be fairly identified; 

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

24 will provide a reasonable period of time within 
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1 which the tangible things can be assembled and 

2 made available; 

3 ‘‘(C) shall provide clear and conspicuous 

4 notice of the principles and procedures set forth 

5 in subsections (d) and (f); and 

6 ‘‘(D)’’. 

7 (c) DIRECTOR APPROVAL FOR CERTAIN APPLICA8 TIONS.—Section 501(a) of the Foreign Intelligence Sur9 veillance Act of 1978 (50 U.S.C. 1861(a)) is amended— 

10 (1) in paragraph (1), by striking ‘‘The Direc11 tor’’ and inserting ‘‘Except as provided in paragraph 

12 (3), the Director’’; and 

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

14 ‘‘(3) No application shall be made under this section 

15 for an order requiring the production of library circulation 

16 records, library patron lists, book sales records, book cus17 tomer lists, firearms sales records, or medical records con18 taining personally identifiable information without the 

19 prior written approval of the Director of the Federal Bu20 reau of Investigation. The Director may delegate authority 

21 to approve such an application to the Deputy Director of 

22 the Federal Bureau of Investigation, but such authority 

23 may not be further delegated.’’. 
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1 (d) PROHIBITION ON DISCLOSURE.—Section 501(d) 

2 of the Foreign Intelligence Surveillance Act of 1978 (50 

3 U.S.C. 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 

6 obtained tangible things pursuant to an order under this 

7 section 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 as11 sistance with respect to the production of things in 

12 response to the order; or 

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

14 of the Federal Bureau of Investigation or the des15 ignee of the Director. 

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

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

18 shall be subject to the prohibitions on disclosure under 

19 that paragraph. 

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 

23 of 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 

5 Intelligence 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 

9 legality of that order by filing a petition in the court estab10 lished under section 103(a). 

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

12 of the court. 

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

14 or set aside the order if the judge finds that the order 

15 does not meet the requirements of this section or is other16 wise unlawful. 

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

18 modify, or set aside an order under this paragraph by the 

19 United States or any person receiving such order shall be 

20 sent to the court of review established under section 

21 103(b), which shall have jurisdiction to consider such peti22 tions. 

23 ‘‘(E) The court of review shall immediately provide 

24 for the record a written statement of the reasons for its 

25 decision and, on petition of the United States or any per-
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1 son receiving such order for a writ of certiorari, the record 

2 shall be transmitted under seal to the Supreme Court, 

3 which shall have jurisdiction to review such decision. 

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

5 shall be concluded as expeditiously as possible. 

6 ‘‘(B) The record of proceedings, including applica7 tions made and orders granted, shall be maintained under 

8 security measures established by the Chief Justice of the 

9 United States in consultation with the Attorney General 

10 and the Director of National Intelligence. 

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

12 under seal, and the court, upon the request of the Govern13 ment, shall review any Government submission, which may 

14 include classified information, as well as the application 

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

16 camera.’’. 

17 (f) ENHANCED OVERSIGHT.—Section 502 of the For18 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

19 1862) is amended— 

20 (1) in subsection (a), by inserting ‘‘, and the 

21 Committee on the Judiciary of the House of Rep22 resentatives and the Committee on the Judiciary of 

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

24 (2) in subsection (b)— 
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1 (A) by striking ‘‘On a semiannual basis’’ 

2 through ‘‘the preceding 6-month period’’ and 

3 inserting ‘‘In April of each year, the Attorney 

4 General shall transmit to the Congress a report 

5 setting forth with respect to the preceding cal6 endar year’’; 

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

8 the end; 

9 (C) in paragraph (2), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

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

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

13 orders approving requests for the production of tan14 gible things under section 501, and the total number 

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

16 the application or order involved any of the fol17 lowing: 

18 ‘‘(A) The production of tangible things 

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

20 the Library Services and Technology Act (20 

21 U.S.C. 9122(2)). 

22 ‘‘(B) The production of tangible things 

23 from a person or entity primarily engaged in 

24 the sale, rental, or delivery of books, journals, 
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1 magazines, or other similar forms of commu2 nication whether in print or digitally. 

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

4 the purchase of a firearm, as defined in section 

5 921(a)(3) of title 18, United States Code. 

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

7 as defined in section 1171(4) of the Social Se8 curity Act (42 U.S.C. 1320d(4)). 

9 ‘‘(E) The production of taxpayer return in10 formation, return, or return information, as de11 fined in section 6103(b) of the Internal Rev12 enue Code of 1986 (26 U.S.C. 6103(b)). 

13 ‘‘(c) Each report under subsection (b) shall be sub14 mitted in unclassified form, but may include a classified 

15 annex. 

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

17 transmit to the Administrative Office of the United States 

18 Courts and to Congress a report setting forth with respect 

19 to the preceding calendar year— 

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

21 orders approving requests for the production of tan22 gible things under section 501; and 

23 ‘‘(2) the total number of such orders either 

24 granted, modified, or denied.’’. 
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1 SEC. 9. PATRIOT SECTION 505; PROCEDURAL PROTECTIONS 

2 FOR NATIONAL SECURITY LETTERS. 

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

4 United States Code, is amended— 

5 (1) by striking ‘‘A wire or electronic commu6 nication service provider’’ and inserting the fol7 lowing: 

8 ‘‘(1) IN GENERAL.—A wire or electronic com9 munication service provider’’; and 

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

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

12 communication service provider who receives a re13 quest under subsection (b) may, at any time, seek a 

14 court order from an appropriate United States dis15 trict court to modify or set aside the request. Any 

16 such motion shall state the grounds for challenging 

17 the request with particularity. The court may modify 

18 or set aside the request if compliance would be un19 reasonable or oppressive.’’. 

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

21 United States Code, is amended— 

22 (1) by striking ‘‘No wire or electronic commu23 nication service provider’’ and inserting the fol24 lowing: 

25 ‘‘(1) IN GENERAL.—No wire or electronic com26 munication service provider’’; and 
25 

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

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

3 communication service provider who receives a re4 quest under subsection (b) may, at any time, seek a 

5 court order from an appropriate United States dis6 trict court challenging the nondisclosure requirement 

7 under paragraph (1). Any such motion shall state 

8 the grounds for challenging the nondisclosure re9 quirement with particularity. 

10 ‘‘(3) STANDARD OF REVIEW.—The court may 

11 modify or set aside such a nondisclosure requirement 

12 if there is no reason to believe that disclosure may 

13 endanger the national security of the United States, 

14 interfere with a criminal, counterterrorism, or coun15 terintelligence investigation, interfere with diplo16 matic relations, or endanger the life or physical safe17 ty of any person. In reviewing a nondisclosure re18 quirement, the certification by the Government that 

19 the disclosure may endanger the national security of 

20 the United States or interfere with diplomatic rela21 tions shall be treated as conclusive unless the court 

22 finds that the certification was made in bad faith.’’. 

23 (c) ENFORCEMENT OF NATIONAL SECURITY LET24 TERS.—Section 2709(a) of title 18, United States Code, 
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1 as amended by subsection (b), is amended by adding at 

2 the end the following: 

3 ‘‘(3) ENFORCEMENT OF REQUESTS.—The At4 torney General may seek enforcement of a request 

5 under subsection (b) in an appropriate United 

6 States district court if a recipient refuses to comply 

7 with the request.’’. 

8 (d) DISCLOSURE OF INFORMATION.— 

9 (1) SECURE PROCEEDINGS.—Section 2709 of 

10 title 18, United States Code, as amended by sub11 sections (b) and (c), is amended— 

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

13 the following: 

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

15 information in any proceedings under this subsection 

16 may be limited consistent with the requirements of 

17 the Classified Information Procedures Act (18 

18 U.S.C. App).’’; and 

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

20 the following: 

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

22 information in any proceedings under this subsection 

23 may be limited consistent with the requirements of 

24 the Classified Information Procedures Act (18 

25 U.S.C. App).’’. 
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1 (2) DISCLOSURE TO NECESSARY PERSONS.— 

2 Section 2709(c)(1) of title 18, United States Code, 

3 as amended by subsection (b), is amended— 

4 (A) by inserting after ‘‘any person’’ the 

5 following: ‘‘, except for disclosure to an attorney 

6 to obtain legal advice regarding the request or 

7 to persons to whom disclosure is necessary in 

8 order to comply with the request,’’; and 

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

10 ‘‘Any attorney or person whose assistance is 

11 necessary to comply with the request who is no12 tified of the request also shall not disclose to 

13 any person that the Federal Bureau of Inves14 tigation has sought or obtained access to infor15 mation or records under this section.’’. 

16 SEC. 10. SUNSET PROVISIONS. 

17 (a) MODIFICATION OF PATRIOT ACT SUNSET PRO18 VISION.—Section 224(a) of the USA PATRIOT Act (18 

19 U.S.C. 2510 note) is amended to read as follows: 

20 ‘‘(a) IN GENERAL.—Except as provided in subsection 

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

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

23 2009, and any provision of law amended or modified by 

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

25 effect on the day before the effective date of this Act.’’. 
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1 (b) EXTENSION OF SUNSET ON ‘‘LONE WOLF’’ PRO2 VISION.—Subsection (b) of section 6001 of the Intelligence 

3 Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 

4 1801 note) is amended to read as follows: 

5 ‘‘(b) SUNSET.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (2), the amendment made by subsection (a) 

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

9 ‘‘(2) SPECIAL RULE.—With respect to any par10 ticular foreign intelligence investigation that began 

11 before the date on which the amendment made by 

12 subsection (a) ceases to have effect, section 

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

14 Act of 1978, as amended by subsection (a), shall 

15 continue in effect.’’. 

16 (c) REPEAL OF SUNSET PROVISION RELATING TO

17 SECTION 2332B AND THE MATERIAL SUPPORT SECTIONS

18 OF TITLE 18, UNITED STATES CODE.—Section 6603 of 

19 the Intelligence Reform and Terrorism Prevention Act of 

20 2004 (Public Law 108–458; 118 Stat. 3762) is amended 

21 by striking subsection (g). 

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

23 Uniting and Strengthening America by Providing Appro24 priate Tools Required to Intercept and Obstruct Ter-
29 

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1 rorism (USA PATRIOT ACT) Act of 2001 is amended 

2 to read as follows: 

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

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

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

7 SEC. 11. ENHANCEMENT OF SUNSHINE PROVISIONS. 

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

9 Section 103 of the Foreign Intelligence Surveillance Act 

10 of 1978 (50 U.S.C. 1803) is amended by adding at the 

11 end the following: 

12 ‘‘(e)(1) The courts established pursuant to sub13 sections (a) and (b) may establish such rules and proce14 dures, and take such actions, as are reasonably necessary 

15 to administer their responsibilities under this Act. 

16 ‘‘(2) The rules and procedures established under 

17 paragraph (1), and any modifications of such rules and 

18 procedures, shall be recorded, and shall be transmitted to 

19 the following: 

20 ‘‘(A) All of the judges on the court established 

21 pursuant to subsection (a). 

22 ‘‘(B) All of the judges on the court of review es23 tablished pursuant to subsection (b). 

24 ‘‘(C) The Chief Justice of the United States. 
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1 ‘‘(D) The Committee on the Judiciary of the 

2 Senate. 

3 ‘‘(E) The Select Committee on Intelligence of 

4 the Senate. 

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

6 House of Representatives. 

7 ‘‘(G) The Permanent Select Committee on In8 telligence of the House of Representatives. 

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

10 shall be submitted in unclassified form, but may include 

11 a classified annex.’’. 

12 (b) ENHANCED CONGRESSIONAL OVERSIGHT OF

13 FISA EMERGENCY AUTHORITIES.— 

14 (1) EMERGENCY ELECTRONIC SURVEIL15 LANCE.—Section 107 of the Foreign Intelligence 

16 Surveillance Act of 1978 (50 U.S.C. 1807), is 

17 amended— 

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

19 the end; 

20 (B) in paragraph (b), by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

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

23 ‘‘(c) the total number of emergency employ24 ments of electronic surveillance under section 105(f) 
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1 and the total number of subsequent orders approv2 ing or denying such electronic surveillance.’’. 

3 (2) EMERGENCY PHYSICAL SEARCHES.—Section 

4 306 of the Foreign Intelligence Surveillance Act of 

5 1978 (50 U.S.C. 1826) is amended— 

6 (A) in the first sentence, by inserting ‘‘, 

7 and the Committee on the Judiciary of the 

8 House of Representatives and the Committee 

9 on the Judiciary of the Senate,’’ after ‘‘the Sen10 ate’’; 

11 (B) in the second sentence, by striking 

12 ‘‘and the Committees on the Judiciary of the 

13 House of Representatives and the Senate’’; 

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

15 the end; 

16 (D) in paragraph (3), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

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

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

20 searches authorized by the Attorney General under 

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

22 number of subsequent orders approving or denying 

23 such physical searches.’’. 

24 (3) EMERGENCY PEN REGISTERS AND TRAP

25 AND TRACE DEVICES.—Section 406(b) of the For-
32 

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1 eign Intelligence Surveillance Act of 1978 (50 

2 U.S.C. 1846(b)), as amended by section 7, is amend3 ed— 

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

5 the end; 

6 (B) in paragraph (2), by striking the pe7 riod at the end and inserting ‘‘; and’’; and 

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

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

10 and trace devices whose installation and use was au11 thorized by the Attorney General on an emergency 

12 basis under section 403, and the total number of 

13 subsequent orders approving or denying the installa14 tion and use of such pen registers and trap and 

15 trace devices.’’. 

Æ