II 

Calendar No. 171 

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 

JULY 22, 2005 

Reported by Mr. SPECTER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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: 
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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. 

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.’’. 
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1 SEC. 3. PATRIOT SECTION 206; ADDITIONAL REQUIRE2 MENTS FOR MULTIPOINT ELECTRONIC SUR3 VEILLANCE UNDER FISA. 

4 (a) PARTICULARITY REQUIREMENT.—Section 

5 105(c)(1)(A) of the Foreign Intelligence Surveillance Act 

6 of 1978 (50 U.S.C. 1805(c)(1)(A)) is amended by insert7 ing before the semicolon at the end the following: ‘‘, and 

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

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

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

11 shall include sufficient information to describe a specific 

12 target with particularity’’. 

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

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

15 1805(c)) is amended— 

16 (1) by striking ‘‘An order approving an elec17 tronic surveillance under this section shall—’’; 

18 (2) in paragraph (1), by inserting before ‘‘speci19 fy’’ the following: ‘‘SPECIFICATIONS.—An order ap20 proving an electronic surveillance under this section 

21 shall’’; 

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

23 and inserting a period; 

24 (4) in paragraph (2), by inserting before ‘‘di25 rect’’ the following: ‘‘DIRECTIONS.—An order ap-
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1 proving an electronic surveillance under this section 

2 shall’’; and 

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

4 ‘‘(3) SPECIAL DIRECTIONS FOR CERTAIN OR5 DERS.—An order approving an electronic surveil6 lance under this section in circumstances where the 

7 nature and location of each of the facilities or places 

8 at which the surveillance will be directed is unknown 

9 shall direct the applicant to provide notice to the 

10 court within 10 days after the date on which surveil11 lance begins to be directed at any new facility or 

12 place of— 

13 ‘‘(A) the nature and location of each facil14 ity or place at which the electronic surveillance 

15 is directed; 

16 ‘‘(B) the facts and circumstances relied 

17 upon by the applicant to justify the applicant’s 

18 belief that each facility or place at which the 

19 electronic surveillance is directed is being used, 

20 or is about to be used, by the target of the sur21 veillance; and 

22 ‘‘(C) a statement of any proposed mini23 mization procedures that differ from those con24 tained in the original application or order, that 

25 may be necessitated by a change in the facility 
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1 or place at which the electronic surveillance is 

2 directed.’’. 

3 (c) ENHANCED OVERSIGHT.— 

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

5 of the Foreign Intelligence Surveillance Act of 1978 

6 (50 U.S.C. 1808(a)(1)) is amended by inserting ‘‘, 

7 and the Committee on the Judiciary of the House of 

8 Representatives and the Committee on the Judiciary 

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

10 Intelligence’’. 

11 (2) MODIFICATION OF SEMIANNUAL REPORT

12 REQUIREMENT ON ACTIVITIES UNDER FOREIGN IN13 TELLIGENCE SURVEILLANCE ACT OF 1978.—Para14 graph (2) of section 108(a) of the Foreign Intel15 ligence Surveillance Act of 1978 (50 U.S.C. 

16 1808(a)) is amended to read as follows: 

17 ‘‘(2) Each report under the first sentence of para18 graph (1) shall include a description of— 

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

20 orders and extensions of orders approving electronic 

21 surveillance under this title where the nature and lo22 cation of each facility or place at which the elec23 tronic surveillance will be directed is not known; and 
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1 ‘‘(B) each criminal case in which information 

2 acquired under this Act has been authorized for use 

3 at trial during the period covered by such report.’’. 

4 SEC. 4. PATRIOT SECTION 207; DURATION OF FISA SUR5 VEILLANCE OF NON-UNITED STATES PER6 SONS. 

7 (a) ELECTRONIC SURVEILLANCE ORDERS.—Section 

8 105(e) of the Foreign Intelligence Surveillance Act (50 

9 U.S.C. 1805(e)) is amended— 

10 (1) in paragraph (1)(B), by striking ‘‘, as de11 fined in section 101(b)(1)(A)’’ and inserting ‘‘who is 

12 not a United States person’’; and 

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

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

15 a United States person’’. 

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

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

18 1824(d)) is amended— 

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

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

21 United States person’’; and 

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

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

24 United States person’’. 
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1 (c) PEN REGISTERS.—Section 402(e) of the Foreign 

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

3 amended by— 

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

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

6 the applicant has certified that the information like7 ly to be obtained is foreign intelligence information 

8 not concerning a United States person, an order 

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

10 exceed 1 year’’; and 

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

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

13 where the applicant has certified that the informa14 tion likely to be obtained is foreign intelligence infor15 mation not concerning a United States person, an 

16 extension of an order issued under this section may 

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

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

19 GOOD-FAITH EMERGENCY DISCLOSURES. 

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

21 18, United States Code, is amended by adding at the end 

22 the following: 

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

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

25 the Committee on the Judiciary of the House of Rep-
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1 resentatives and the Committee on the Judiciary of the 

2 Senate a report containing— 

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

4 Department of Justice has received voluntary disclo5 sures under subsection (b)(8); and 

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

7 those instances where— 

8 ‘‘(A) voluntary disclosures under sub9 section (b)(8) were made to the Department of 

10 Justice; and 

11 ‘‘(B) the investigation pertaining to those 

12 disclosures was closed without the filing of 

13 criminal charges.’’. 

14 (b) TECHNICAL AMENDMENTS TO CONFORM COM15 MUNICATIONS AND CUSTOMER RECORDS EXCEPTIONS.— 

16 (1) VOLUNTARY DISCLOSURES.—Section 2702 

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

18 (A) in subsection (b)(8)— 

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

20 local’’; and 

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

22 ‘‘danger’’; and 

23 (B) by striking subsection (c)(4) and in24 serting the following: 
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1 ‘‘(4) to a governmental entity, if the provider, 

2 in good faith, believes that an emergency involving 

3 immediate danger of death or serious physical injury 

4 to any person requires disclosure without delay of 

5 the information.’’. 

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

7 United States Code, is amended— 

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

9 the end; 

10 (B) in paragraph (3), by striking the pe11 riod at the end and inserting ‘‘; and’’; and 

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

13 ‘‘(4) the term ‘governmental entity’ means a de14 partment or agency of the United States or any 

15 State or political subdivision thereof.’’. 

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

17 NOTICE SEARCH WARRANTS. 

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

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

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

21 inserting ‘‘may— 

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

23 an individual; 

24 ‘‘(B) result in flight from prosecution; 
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1 ‘‘(C) result in the destruction of or tam2 pering with evidence; 

3 ‘‘(D) result in intimidation of potential 

4 witnesses; or 

5 ‘‘(E) otherwise seriously jeopardize an in6 vestigation;’’. 

7 (b) LIMITATION ON REASONABLE PERIOD FOR

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

9 Code, is amended by— 

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

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

12 (2) after ‘‘good cause shown’’ inserting ‘‘, sub13 ject to the condition that extensions should only be 

14 granted upon an updated showing of the need for 

15 further delay and that each additional delay should 

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

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

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

19 18, United States Code, is amended by adding at the end 

20 the following: 

21 ‘‘(c) REPORTS.— 

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

23 days after the expiration of a warrant authorizing 

24 delayed notice (including any extension thereof) en25 tered under this section, or the denial of such war-
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1 rant (or request for extension), the issuing or deny2 ing judge shall report to the Administrative Office of 

3 the United States Courts— 

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

5 for; 

6 ‘‘(B) the fact that the warrant or any ex7 tension thereof was granted as applied for, was 

8 modified, or was denied; 

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

10 notice authorized by the warrant, and the num11 ber and duration of any extensions; and 

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

13 or application. 

14 ‘‘(2) REPORT BY ADMINISTRATIVE OFFICE OF

15 THE UNITED STATES COURTS.—In April of each 

16 year, the Director of the Administrative Office of the 

17 United States Courts shall transmit to Congress a 

18 full and complete report— 

19 ‘‘(A) concerning the number of applica20 tions for warrants and extensions of warrants 

21 authorizing delayed notice pursuant to this sec22 tion, and the number of warrants and exten23 sions granted or denied pursuant to this section 

24 during the preceding calendar year; and 
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1 ‘‘(B) that includes a summary and analysis 

2 of the data required to be filed with the Admin3 istrative Office by paragraph (1). 

4 ‘‘(3) REGULATIONS.—The Director of the Ad5 ministrative Office of the United States Courts, in 

6 consultation with the Attorney General, is author7 ized to issue binding regulations dealing with the 

8 content and form of the reports required to be filed 

9 under paragraph (1).’’. 

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

11 REGISTER AND TRAP AND TRACE AUTHORITY 

12 UNDER FISA. 

13 (a) FACTUAL BASIS FOR PEN REGISTERS AND TRAP

14 AND TRACE DEVICES UNDER FISA.— 

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

16 Foreign Intelligence Surveillance Act of 1978 (50 

17 U.S.C. 1842(c)(2)) is amended by striking ‘‘a certifi18 cation by the applicant that’’ and inserting ‘‘a state19 ment of the facts relied upon by the applicant to jus20 tify the applicant’s belief that’’. 

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

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

23 1842(d)(1)) is amended by striking ‘‘if the judge 

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

25 judge finds that the application includes sufficient 
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1 facts to justify the belief that the information likely 

2 to be obtained is foreign intelligence information not 

3 concerning a United States person or is relevant to 

4 an ongoing investigation to protect against inter5 national terrorism or clandestine intelligence activi6 ties and otherwise satisfies the requirements of this 

7 section.’’. 

8 (b) RECORDS.—Section 402(d)(2) of the Foreign In9 telligence Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) 

10 is amended— 

11 (1) in subparagraph (A)— 

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

13 end; and 

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

15 the end and inserting a semicolon; and 

16 (2) in subparagraph (B)(iii), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

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

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

20 the applicant, the provider of a wire or elec21 tronic communication service shall disclose to 

22 the Federal officer using the pen register or 

23 trap and trace device covered by the order— 

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

25 subscriber using the service covered by the 
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1 order (for the period specified by the 

2 order)— 

3 ‘‘(I) the name of the customer or 

4 subscriber; 

5 ‘‘(II) the address of the customer 

6 or subscriber; 

7 ‘‘(III) the telephone or instru8 ment number, or other subscriber 

9 number or identifier, of the customer 

10 or subscriber, including any tempo11 rarily assigned network address or as12 sociated routing or transmission infor13 mation; 

14 ‘‘(IV) the length of the provision 

15 of service by such provider to the cus16 tomer or subscriber and the types of 

17 services utilized by the customer or 

18 subscriber; 

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

20 local or long distance telephone serv21 ice, any local or long distance tele22 phone records of the customer or sub23 scriber; 
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1 ‘‘(VI) if applicable, any records 

2 reflecting period of usage (or sessions) 

3 by the customer or subscriber; and 

4 ‘‘(VII) any mechanisms and 

5 sources of payment for such service, 

6 including the number of any credit 

7 card or bank account utilized for pay8 ment for such service; and 

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

10 customer or subscriber of incoming or out11 going communications to or from the serv12 ice covered by the order— 

13 ‘‘(I) the name of such customer 

14 or subscriber; 

15 ‘‘(II) the address of such cus16 tomer or subscriber; 

17 ‘‘(III) the telephone or instru18 ment number, or other subscriber 

19 number or identifier, of such customer 

20 or subscriber, including any tempo21 rarily assigned network address or as22 sociated routing or transmission infor23 mation; and 

24 ‘‘(IV) the length of the provision 

25 of service by such provider to such 
16 

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1 customer or subscriber and the types 

2 of services utilized by such customer 

3 or subscriber.’’. 

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

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

6 1846) is amended— 

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

8 Committee on the Judiciary of the House of Rep9 resentatives and the Committee on the Judiciary of 

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

11 (2) in subsection (b), by striking ‘‘On a semi12 annual basis’’ through ‘‘the preceding 6-month pe13 riod’’ and inserting, ‘‘In April of each year, the At14 torney General shall transmit to the Administrative 

15 Office of the United States Courts and to Congress 

16 a report setting forth with respect to the preceding 

17 calendar year’’. 

18 SEC. 8. PATRIOT SECTION 215; PROCEDURAL PROTECTIONS 

19 FOR COURT ORDERS TO PRODUCE RECORDS 

20 AND OTHER ITEMS IN INTELLIGENCE INVES21 TIGATIONS. 

22 (a) FACTUAL BASIS FOR REQUESTED ORDER.— 

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

24 Foreign Intelligence Surveillance Act of 1978 (50 

25 U.S.C. 1861(b)(2)) is amended by striking ‘‘shall 
17 

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1 specify that the records concerned are sought for’’ 

2 and inserting ‘‘shall include a statement of facts 

3 showing that there are reasonable grounds to believe 

4 that the records or other things sought are relevant 

5 to’’. 

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

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

8 1861(c)(1)) is amended by striking ‘‘if the judge 

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

10 judge finds that the statement of facts contained in 

11 the application establishes reasonable grounds to be12 lieve that the records or other things sought are rel13 evant to an authorized investigation conducted in ac14 cordance with subsection (a)(2) to obtain foreign in15 telligence information not concerning a United 

16 States person or to protect against international ter17 rorism or clandestine intelligence activities, and the 

18 application meets the other requirements of this sec19 tion.’’. 

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

21 the Foreign Intelligence Surveillance Act of 1978 (50 

22 U.S.C. 1861(c)) is amended— 

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

24 order under this subsection’’ the following: ‘‘— 
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1 ‘‘(A) shall describe the tangible things con2 cerned with sufficient particularity to permit 

3 them to be fairly identified; 

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

5 will provide a reasonable period of time within 

6 which the tangible things can be assembled and 

7 made available; 

8 ‘‘(C) shall provide clear and conspicuous 

9 notice of the principles and procedures set forth 

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

11 ‘‘(D)’’. 

12 (c) DIRECTOR APPROVAL FOR CERTAIN APPLICA13 TIONS.—Section 501(a) of the Foreign Intelligence Sur14 veillance Act of 1978 (50 U.S.C. 1861(a)) is amended— 

15 (1) in paragraph (1), by striking ‘‘The Direc16 tor’’ and inserting ‘‘Except as provided in paragraph 

17 (3), the Director’’; and 

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

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

20 for an order requiring the production of library circulation 

21 records, library patron lists, book sales records, book cus22 tomer lists, firearms sales records, or medical records con23 taining personally identifiable information without the 

24 prior written approval of the Director of the Federal Bu25 reau of Investigation. The Director may delegate authority 
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1 to approve such an application to the Deputy Director of 

2 the Federal Bureau of Investigation, but such authority 

3 may not be further delegated.’’. 

4 (d) PROHIBITION ON DISCLOSURE.—Section 501(d) 

5 of the Foreign Intelligence Surveillance Act of 1978 (50 

6 U.S.C. 1861(d)) is amended to read as follows: 

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

8 that the Federal Bureau of Investigation has sought or 

9 obtained tangible things pursuant to an order under this 

10 section other than to— 

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

12 necessary to comply with such order; 

13 ‘‘(B) an attorney to obtain legal advice or as14 sistance with respect to the production of things in 

15 response to the order; or 

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

17 of the Federal Bureau of Investigation or the des18 ignee of the Director. 

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

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

21 shall be subject to the prohibitions on disclosure under 

22 that paragraph. 

23 ‘‘(B) Any person making a further disclosure author24 ized by subparagraph (A), (B), or (C) of paragraph (1) 
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1 shall notify the person to whom the disclosure is made 

2 of the prohibitions on disclosure under this subsection. 

3 ‘‘(3) An order under this section shall notify, in writ4 ing, the person to whom the order is directed of the non5 disclosure requirements under this subsection.’’. 

6 (e) JUDICIAL REVIEW.—Section 501 of the Foreign 

7 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

8 amended by adding at the end the following: 

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

10 any tangible thing under this section may challenge the 

11 legality of that order by filing a petition in the court estab12 lished under section 103(a). 

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

14 of the court. 

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

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

17 does not meet the requirements of this section or is other18 wise unlawful. 

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

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

21 United States or any person receiving such order shall be 

22 sent to the court of review established under section 

23 103(b), which shall have jurisdiction to consider such peti24 tions. 
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1 ‘‘(E) The court of review shall immediately provide 

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

3 decision and, on petition of the United States or any per4 son receiving such order for a writ of certiorari, the record 

5 shall be transmitted under seal to the Supreme Court, 

6 which shall have jurisdiction to review such decision. 

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

8 shall be concluded as expeditiously as possible. 

9 ‘‘(B) The record of proceedings, including applica10 tions made and orders granted, shall be maintained under 

11 security measures established by the Chief Justice of the 

12 United States in consultation with the Attorney General 

13 and the Director of National Intelligence. 

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

15 under seal, and the court, upon the request of the Govern16 ment, shall review any Government submission, which may 

17 include classified information, as well as the application 

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

19 camera.’’. 

20 (f) ENHANCED OVERSIGHT.—Section 502 of the For21 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

22 1862) is amended— 

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

24 Committee on the Judiciary of the House of Rep-
22 

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1 resentatives and the Committee on the Judiciary of 

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

3 (2) in subsection (b)— 

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

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

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

7 General shall transmit to the Congress a report 

8 setting forth with respect to the preceding cal9 endar year’’; 

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

11 the end; 

12 (C) in paragraph (2), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

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

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 any 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 ‘‘(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 

2 granted, modified, or denied.’’. 

3 SEC. 9. PATRIOT SECTION 505; PROCEDURAL PROTECTIONS 

4 FOR NATIONAL SECURITY LETTERS. 

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

6 United States Code, is amended— 

7 (1) by striking ‘‘A wire or electronic commu8 nication service provider’’ and inserting the fol9 lowing: 

10 ‘‘(1) IN GENERAL.—A wire or electronic com11 munication service provider’’; and 

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

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

14 communication service provider who receives a re15 quest under subsection (b) may, at any time, seek a 

16 court order from an appropriate United States dis17 trict court to modify or set aside the request. Any 

18 such motion shall state the grounds for challenging 

19 the request with particularity. The court may modify 

20 or set aside the request if compliance would be un21 reasonable or oppressive.’’. 

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

23 United States Code, is amended— 
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1 (1) by striking ‘‘No wire or electronic commu2 nication service provider’’ and inserting the fol3 lowing: 

4 ‘‘(1) IN GENERAL.—No wire or electronic com5 munication service provider’’; and 

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

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

8 communication service provider who receives a re9 quest under subsection (b) may, at any time, seek a 

10 court order from an appropriate United States dis11 trict court challenging the nondisclosure requirement 

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

13 the grounds for challenging the nondisclosure re14 quirement with particularity. 

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

16 modify or set aside such a nondisclosure requirement 

17 if there is no reason to believe that disclosure may 

18 endanger the national security of the United States, 

19 interfere with a criminal, counterterrorism, or coun20 terintelligence investigation, interfere with diplo21 matic relations, or endanger the life or physical safe22 ty of any person. In reviewing a nondisclosure re23 quirement, the certification by the Government that 

24 the disclosure may endanger the national security of 

25 the United States or interfere with diplomatic rela-
26 

•S 1389 RS

1 tions shall be treated as conclusive unless the court 

2 finds 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, 

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

6 the end the following: 

7 ‘‘(3) ENFORCEMENT OF REQUESTS.—The At8 torney General may seek enforcement of a request 

9 under subsection (b) in an appropriate United 

10 States district court if a recipient refuses to comply 

11 with the 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 

21 the Classified Information Procedures Act (18 

22 U.S.C. App).’’; and 

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

24 the following: 
27 

•S 1389 RS

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

2 information in any proceedings under this subsection 

3 may be limited consistent with the requirements of 

4 the Classified Information Procedures Act (18 

5 U.S.C. App).’’. 

6 (2) DISCLOSURE TO NECESSARY PERSONS.— 

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

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

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

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

11 to obtain legal advice regarding the request or 

12 to persons to whom disclosure is necessary in 

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

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

15 ‘‘Any attorney or person whose assistance is 

16 necessary to comply with the request who is no17 tified of the request also shall not disclose to 

18 any person that the Federal Bureau of Inves19 tigation has sought or obtained access to infor20 mation or records under this section.’’. 

21 SEC. 10. SUNSET PROVISIONS. 

22 (a) MODIFICATION OF PATRIOT ACT SUNSET PRO23 VISION.—Section 224(a) of the USA PATRIOT Act (18 

24 U.S.C. 2510 note) is amended to read as follows: 
28 

•S 1389 RS

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’’ PRO8 VISION.—Subsection (b) of section 6001 of the Intelligence 

9 Reform 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 

18 subsection (a) ceases to have effect, section 

19 101(b)(1) of the Foreign Intelligence Surveillance 

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

21 continue in effect.’’. 

22 (c) REPEAL OF SUNSET PROVISION RELATING TO

23 SECTION 2332B AND THE MATERIAL SUPPORT SECTIONS

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

25 the Intelligence Reform and Terrorism Prevention Act of 
29 

•S 1389 RS

1 2004 (Public Law 108–458; 118 Stat. 3762) is amended 

2 by striking 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 Ter6 rorism (USA PATRIOT ACT) Act of 2001 is amended 

7 to read as 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. 11. ENHANCEMENT OF SUNSHINE PROVISIONS. 

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

14 Section 103 of the Foreign Intelligence Surveillance Act 

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

16 end the following: 

17 ‘‘(e)(1) The courts established pursuant to sub18 sections (a) and (b) may establish such rules and proce19 dures, and take such actions, as are reasonably necessary 

20 to administer their responsibilities under this Act. 

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

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

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

24 the following: 
30 

•S 1389 RS

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 

9 the Senate. 

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

11 House of Representatives. 

12 ‘‘(G) The Permanent Select Committee on In13 telligence 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

18 FISA EMERGENCY AUTHORITIES.— 

19 (1) EMERGENCY ELECTRONIC SURVEIL20 LANCE.—Section 107 of the Foreign Intelligence 

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

22 amended— 

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

24 the end; 
31 

•S 1389 RS

1 (B) in paragraph (b), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

4 ‘‘(c) the total number of emergency employ5 ments of electronic surveillance under section 105(f) 

6 and the total number of subsequent orders approv7 ing or denying such electronic surveillance.’’. 

8 (2) EMERGENCY PHYSICAL SEARCHES.—Section 

9 306 of the Foreign Intelligence Surveillance Act of 

10 1978 (50 U.S.C. 1826) is amended— 

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

12 and the Committee on the Judiciary of the 

13 House of Representatives and the Committee 

14 on the Judiciary of the Senate,’’ after ‘‘the Sen15 ate’’; 

16 (B) in the second sentence, by striking 

17 ‘‘and the Committees on the Judiciary of the 

18 House of Representatives and the Senate’’; 

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

20 the end; 

21 (D) in paragraph (3), by striking the pe22 riod at the end and inserting ‘‘; and’’; and 

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

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

25 searches authorized by the Attorney General under 
32 

•S 1389 RS

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

2 number of subsequent orders approving or denying 

3 such physical searches.’’. 

4 (3) EMERGENCY PEN REGISTERS AND TRAP

5 AND TRACE DEVICES.—Section 406(b) of the For6 eign Intelligence Surveillance Act of 1978 (50 

7 U.S.C. 1846(b)), as amended by section 7, is amend8 ed— 

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

10 the end; 

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

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

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

15 and trace devices whose installation and use was au16 thorized by the Attorney General on an emergency 

17 basis under section 403, and the total number of 

18 subsequent orders approving or denying the installa19 tion and use of such pen registers and trap and 

20 trace devices.’’. 

21 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

23 ‘‘USA PATRIOT Improvement and Reauthorization Act of 

24 2005’’. 
33 

•S 1389 RS

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

2 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. 

3 SEC. 2. PATRIOT SECTION 206; ADDITIONAL REQUIRE4 MENTS FOR MULTIPOINT ELECTRONIC SUR5 VEILLANCE UNDER FISA. 

6 (a) PARTICULARITY REQUIREMENT.—Section 

7 105(c)(1)(A) of the Foreign Intelligence Surveillance Act of 

8 1978 (50 U.S.C. 1805(c)(1)(A)) is amended by inserting be9 fore the semicolon at the end the following: ‘‘, and if the 

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

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

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

13 include sufficient information to describe a specific target 

14 with particularity’’. 

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

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

17 1805(c)) is amended— 
34 

•S 1389 RS

1 (1) by striking ‘‘An order approving an elec2 tronic surveillance under this section shall—’’; 

3 (2) in paragraph (1), by inserting before ‘‘speci4 fy’’ the following: ‘‘SPECIFICATIONS.—An order ap5 proving an electronic surveillance under this section 

6 shall’’; 

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

8 inserting a period; 

9 (4) in paragraph (2), by inserting before ‘‘di10 rect’’ the following: ‘‘DIRECTIONS.—An order approv11 ing an electronic surveillance under this section 

12 shall’’; and 

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

14 ‘‘(3) SPECIAL DIRECTIONS FOR CERTAIN OR15 DERS.—An order approving an electronic surveillance 

16 under this section in circumstances where the nature 

17 and location of each of the facilities or places at 

18 which the surveillance will be directed is unknown 

19 shall direct the applicant to provide notice to the 

20 court within 10 days after the date on which surveil21 lance begins to be directed at any new facility or 

22 place of— 

23 ‘‘(A) the nature and location of each facility 

24 or place at which the electronic surveillance is 

25 directed; 
35 

•S 1389 RS

1 ‘‘(B) the facts and circumstances relied 

2 upon by the applicant to justify the applicant’s 

3 belief that each facility or place at which the 

4 electronic surveillance is directed is being used, 

5 or is about to be used, by the target of the sur6 veillance; and 

7 ‘‘(C) a statement of any proposed mini8 mization procedures that differ from those con9 tained in the original application or order, that 

10 may be necessitated by a change in the facility 

11 or place at which the electronic surveillance is 

12 directed.’’. 

13 (c) ENHANCED OVERSIGHT.— 

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

15 the Foreign Intelligence Surveillance Act of 1978 (50 

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

17 the Committee on the Judiciary of the House of Rep18 resentatives and the Committee on the Judiciary of 

19 the Senate,’’ after ‘‘Senate Select Committee on Intel20 ligence’’. 

21 (2) MODIFICATION OF SEMIANNUAL REPORT RE22 QUIREMENT ON ACTIVITIES UNDER FOREIGN INTEL23 LIGENCE SURVEILLANCE ACT OF 1978.—Paragraph (2) 

24 of section 108(a) of the Foreign Intelligence Surveil-
36 

•S 1389 RS

1 lance Act of 1978 (50 U.S.C. 1808(a)) is amended to 

2 read as follows: 

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

4 paragraph (1) shall include a description of— 

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

6 for orders and extensions of orders approving 

7 electronic surveillance under this title where the 

8 nature and location of each facility or place at 

9 which the electronic surveillance will be directed 

10 is not known; and 

11 ‘‘(B) Each criminal case in which informa12 tion acquired under this Act has been authorized 

13 for use at trial during the period covered by such 

14 report.’’. 

15 SEC. 3. PATRIOT SECTION 207; DURATION OF FISA SURVEIL16 LANCE OF NON-UNITED STATES PERSONS. 

17 (a) ELECTRONIC SURVEILLANCE ORDERS.—Section 

18 105(e) of the Foreign Intelligence Surveillance Act (50 

19 U.S.C. 1805(e)) is amended— 

20 (1) in paragraph (1)(B), by striking ‘‘, as de21 fined in section 101(b)(1)(A)’’ and inserting ‘‘who is 

22 not a United States person’’; and 

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

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

25 United States person’’. 
37 

•S 1389 RS

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

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

3 1824(d)) is amended— 

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

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

6 United States person’’; and 

7 (2) in paragraph (2), striking ‘‘as defined in sec8 tion 101(b)(1)(A)’’ and inserting ‘‘who is not a 

9 United States person’’. 

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

11 Intelligence Surveillance Act (50 U.S.C. 1842(e)) is amend12 ed by— 

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

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

15 the applicant has certified that the information likely 

16 to be obtained is foreign intelligence information not 

17 concerning a United States person, an order issued 

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

19 1 year’’; and 

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

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

22 the applicant has certified that the information likely 

23 to be obtained is foreign intelligence information not 

24 concerning a United States person, an extension of an 
38 

•S 1389 RS

1 order issued under this section may be for a period 

2 not to exceed 1 year’’. 

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

4 GOOD-FAITH EMERGENCY DISCLOSURES. 

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

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

7 following: 

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

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

10 Committee on the Judiciary of the House of Representatives 

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

12 containing— 

13 ‘‘(1) the number of accounts from which the De14 partment of Justice has received voluntary disclosures 

15 under subsection (b)(8); and 

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

17 those instances where— 

18 ‘‘(A) voluntary disclosures under subsection 

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

20 and 

21 ‘‘(B) the investigation pertaining to those 

22 disclosures was closed without the filing of crimi23 nal charges.’’. 

24 (b) TECHNICAL AMENDMENTS TO CONFORM COMMU25 NICATIONS AND CUSTOMER RECORDS EXCEPTIONS.— 
39 

•S 1389 RS

1 (1) VOLUNTARY DISCLOSURES.—Section 2702 of 

2 title 18, United States Code, is amended— 

3 (A) in subsection (b)(8), by striking ‘‘Fed4 eral, State, or local’’; and 

5 (B) by striking subsection (c)(4) and insert6 ing the following: 

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

8 good faith, believes that an emergency involving dan9 ger of death or serious physical injury to any person 

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

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

12 United States Code, is amended— 

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

14 the end; 

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

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

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

18 ‘‘(4) the term ‘governmental entity’ means a de19 partment or agency of the United States or any State 

20 or political subdivision thereof.’’. 

21 SEC. 5. PATRIOT SECTION 213; LIMITATIONS ON DELAYED 

22 NOTICE SEARCH WARRANTS. 

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

24 title 18, United States Code, is amended by striking ‘‘may 
40 

•S 1389 RS

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

2 inserting ‘‘may— 

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

4 an individual; 

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

6 ‘‘(C) result in the destruction of or tam7 pering with evidence; 

8 ‘‘(D) result in intimidation of potential 

9 witnesses; or 

10 ‘‘(E) otherwise seriously jeopardize an in11 vestigation;’’. 

12 (b) LIMITATION ON REASONABLE PERIOD FOR

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

14 amended— 

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

16 the following: 

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

18 notice not later than 7 days after the date of its exe19 cution, or on a later date certain if the facts of the 

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

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

22 ‘‘(c) EXTENSIONS OF DELAY.—Any period of delay au23 thorized by this section may be extended by the court for 

24 good cause shown, subject to the condition that extensions 

25 should only be granted upon an updated showing of the need 
41 

•S 1389 RS

1 for further delay and that each additional delay should be 

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

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

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

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

6 following: 

7 ‘‘(c) REPORTS.— 

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

9 days after the expiration of a warrant authorizing de10 layed notice (including any extension thereof) entered 

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

12 request for extension), the issuing or denying judge 

13 shall report to the Administrative Office of the United 

14 States Courts— 

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

16 for; 

17 ‘‘(B) the fact that the warrant or any exten18 sion thereof was granted as applied for, was 

19 modified, or was denied; 

20 ‘‘(C) the period of delay in the giving of no21 tice authorized by the warrant, and the number 

22 and duration of any extensions; and 

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

24 application. 
42 

•S 1389 RS

1 ‘‘(2) REPORT BY ADMINISTRATIVE OFFICE OF

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

3 the Director of the Administrative Office of the 

4 United States Courts shall transmit to Congress a full 

5 and complete report— 

6 ‘‘(A) concerning the number of applications 

7 for warrants and extensions of warrants author8 izing delayed notice pursuant to this section, 

9 and the number of warrants and extensions 

10 granted or denied pursuant to this section dur11 ing the preceding calendar year; and 

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

13 of the data required to be filed with the Adminis14 trative Office by paragraph (1). 

15 ‘‘(3) REGULATIONS.—The Director of the Admin16 istrative Office of the United States Courts, in con17 sultation with the Attorney General, is authorized to 

18 issue binding regulations dealing with the content 

19 and form of the reports required to be filed under 

20 paragraph (1).’’. 
43 

•S 1389 RS

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)— 
44 

•S 1389 RS

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 
45 

•S 1389 RS

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 
46 

•S 1389 RS

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 
47 

•S 1389 RS

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; 
48 

•S 1389 RS

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-
49 

•S 1389 RS

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.’’. 
50 

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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 
52 

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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 
55 

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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 
57 

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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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•S 1389 RS

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 
60 

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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.’’. 
Calendar No. 171 

109TH CONGRESS 

1ST SESSION S. 1389 

A BILL 

To reauthorize and improve the USA PATRIOT 

Act. 

JULY 22, 2005 

Reported with an amendment