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(2) in paragraph (2)(B), by striking ‘‘as defined
in section 101(b)(1)(A)’’ and inserting ‘‘who is not a
United States person’’.
(b) PHYSICAL SEARCH ORDERS.—Section 304(d) of
the Foreign Intelligence Surveillance Act (50 U.S.C.
1824(d)) is amended—
(1) in paragraph (1)(B), striking ‘‘as defined in
section 101(b)(1)(A)’’ and inserting ‘‘who is not a
United States person’’; and
(2) in paragraph (2), striking ‘‘as defined in sec-
tion 101(b)(1)(A)’’ and inserting ‘‘who is not a
United States person’’.
(c) PEN REGISTERS.—Section 402(e) of the Foreign
Intelligence Surveillance Act (50 U.S.C. 1842(e)) is amend-
ed by—
(1) inserting after ‘‘90 days’’ the first place it
appears the following: ‘‘, except that in cases where
the applicant has certified that the information likely
to be obtained is foreign intelligence information not
concerning a United States person, an order issued
under this section may be for a period not to exceed
1 year’’; and
(2) inserting after ‘‘90 days’’ the second place it
appears the following: ‘‘, except that in cases where
the applicant has certified that the information likely
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to be obtained is foreign intelligence information not
concerning a United States person, an extension of an
order issued under this section may be for a period
not to exceed 1 year’’.
SEC. 4. PATRIOT SECTION 212; ENHANCED OVERSIGHT OF
GOOD-FAITH EMERGENCY DISCLOSURES.
(a) ENHANCED OVERSIGHT.—Section 2702 of title 18,
United States Code, is amended by adding at the end the
following:
‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.—On
an annual basis, the Attorney General shall submit to the
Committee on the Judiciary of the House of Representatives
and the Committee on the Judiciary of the Senate a report
containing—
‘‘(1) the number of accounts from which the De-
partment of Justice has received voluntary disclosures
under subsection (b)(8); and
‘‘(2) a summary of the basis for disclosure in
those instances where—
‘‘(A) voluntary disclosures under subsection
(b)(8) were made to the Department of Justice;
and
‘‘(B) the investigation pertaining to those
disclosures was closed without the filing of crimi-
nal charges.’’.
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(b) TECHNICAL AMENDMENTS TO CONFORM COMMU-
NICATIONS AND CUSTOMER RECORDS EXCEPTIONS.—
(1) VOLUNTARY DISCLOSURES.—Section 2702 of
title 18, United States Code, is amended—
(A) in subsection (b)(8), by striking ‘‘Fed-
eral, State, or local’’; and
(B) by striking subsection (c)(4) and insert-
ing the following:
‘‘(4) to a governmental entity, if the provider, in
good faith, believes that an emergency involving dan-
ger of death or serious physical injury to any person
requires disclosure without delay of the information.’’.
(2) DEFINITIONS.—Section 2711 of title 18,
United States Code, is amended—
(A) in paragraph (2), by striking ‘‘and’’ at
the end;
(B) in paragraph (3), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(4) the term ‘governmental entity’ means a de-
partment or agency of the United States or any State
or political subdivision thereof.’’.
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SEC. 5. PATRIOT SECTION 213; LIMITATIONS ON DELAYED
NOTICE SEARCH WARRANTS.
(a) GROUNDS FOR DELAY.—Section 3103a(b)(1) of
title 18, United States Code, is amended by striking ‘‘may
have an adverse result (as defined in section 2705);’’ and
inserting ‘‘may—
‘‘(A) endanger the life or physical safety of
an individual;
‘‘(B) result in flight from prosecution;
‘‘(C) result in the destruction of or tam-
pering with evidence;
‘‘(D) result in intimidation of potential
witnesses; or
‘‘(E) otherwise seriously jeopardize an in-
vestigation;’’.
(b) LIMITATION
ON
REASONABLE
PERIOD
FOR
DELAY.—Section 3103a of title 18, United States Code, is
amended—
(1) by striking subsection (b)(3) and inserting
the following:
‘‘(3) the warrant provides for the giving of such
notice not later than 7 days after the date of its exe-
cution, or on a later date certain if the facts of the
case justify a longer period of delay.’’; and
(2) by adding at the end the following:
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‘‘(c) EXTENSIONS OF DELAY.—Any period of delay au-
thorized by this section may be extended by the court for
good cause shown, subject to the condition that extensions
should only be granted upon an updated showing of the need
for further delay and that each additional delay should be
limited to periods of 90 days or less, unless the facts of the
case justify a longer period of delay.’’.
(c) ENHANCED OVERSIGHT.—Section 3103a of title 18,
United States Code, is amended by adding at the end the
following:
‘‘(c) REPORTS.—
‘‘(1) REPORT
BY
JUDGE.—Not later than 30
days after the expiration of a warrant authorizing de-
layed notice (including any extension thereof) entered
under this section, or the denial of such warrant (or
request for extension), the issuing or denying judge
shall report to the Administrative Office of the United
States Courts—
‘‘(A) the fact that a warrant was applied
for;
‘‘(B) the fact that the warrant or any exten-
sion thereof was granted as applied for, was
modified, or was denied;
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‘‘(C) the period of delay in the giving of no-
tice authorized by the warrant, and the number
and duration of any extensions; and
‘‘(D) the offense specified in the warrant or
application.
‘‘(2) REPORT
BY
ADMINISTRATIVE
OFFICE
OF
THE UNITED STATES COURTS.—In April of each year,
the Director of the Administrative Office of the
United States Courts shall transmit to Congress a full
and complete report—
‘‘(A) concerning the number of applications
for warrants and extensions of warrants author-
izing delayed notice pursuant to this section,
and the number of warrants and extensions
granted or denied pursuant to this section dur-
ing the preceding calendar year; and
‘‘(B) that includes a summary and analysis
of the data required to be filed with the Adminis-
trative Office by paragraph (1).
‘‘(3) REGULATIONS.—The Director of the Admin-
istrative Office of the United States Courts, in con-
sultation with the Attorney General, is authorized to
issue binding regulations dealing with the content
and form of the reports required to be filed under
paragraph (1).’’.
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SEC. 6. PATRIOT SECTION 214; AUTHORITY FOR DISCLO-
SURE OF ADDITIONAL INFORMATION IN CON-
NECTION WITH ORDERS FOR PEN REGISTER
AND TRAP AND TRACE AUTHORITY UNDER
FISA.
(a) RECORDS.—Section 402(d)(2) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1842(d)(2)) is
amended—
(1) in subparagraph (A)—
(A) in clause (ii), by adding ‘‘and’’ at the
end; and
(B) in clause (iii), by striking the period at
the end and inserting a semicolon; and
(2) in subparagraph (B)(iii), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(C) shall direct that, upon the request of
the applicant, the provider of a wire or electronic
communication service shall disclose to the Fed-
eral officer using the pen register or trap and
trace device covered by the order—
‘‘(i) in the case of the customer or sub-
scriber using the service covered by the
order (for the period specified by the
order)—
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‘‘(I) the name of the customer or
subscriber;
‘‘(II) the address of the customer
or subscriber;
‘‘(III) the telephone or instrument
number, or other subscriber number or
identifier, of the customer or sub-
scriber, including any temporarily as-
signed network address or associated
routing or transmission information;
‘‘(IV) the length of the provision
of service by such provider to the cus-
tomer or subscriber and the types of
services utilized by the customer or
subscriber;
‘‘(V) in the case of a provider of
local or long distance telephone service,
any local or long distance telephone
records of the customer or subscriber;
‘‘(VI) if applicable, any records
reflecting period of usage (or sessions)
by the customer or subscriber; and
‘‘(VII) 
any 
mechanisms 
and
sources of payment for such service, in-
cluding the number of any credit card
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or bank account utilized for payment
for such service; and
‘‘(ii) if available, with respect to any
customer or subscriber of incoming or out-
going communications to or from the service
covered by the order—
‘‘(I) the name of such customer or
subscriber;
‘‘(II) the address of such customer
or subscriber;
‘‘(III) the telephone or instrument
number, or other subscriber number or
identifier, of such customer or sub-
scriber, including any temporarily as-
signed network address or associated
routing or transmission information;
and
‘‘(IV) the length of the provision
of service by such provider to such cus-
tomer or subscriber and the types of
services utilized by such customer or
subscriber.’’.
(b) ENHANCED OVERSIGHT.—Section 406(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1846(a)) is amended by inserting ‘‘, and the Committee on
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the Judiciary of the House of Representatives and the Com-
mittee on the Judiciary of the Senate,’’ after ‘‘of the Sen-
ate’’.
SEC. 7. PATRIOT SECTION 215; PROCEDURAL PROTECTIONS
FOR COURT ORDERS TO PRODUCE RECORDS
AND OTHER ITEMS IN INTELLIGENCE INVES-
TIGATIONS.
(a) FACTUAL BASIS FOR REQUESTED ORDER.—
(1) APPLICATION.—Section 501(b)(2) of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(b)(2)) is amended to read as follows:
‘‘(2) shall include a statement of facts showing
that there are reasonable grounds to believe that the
records or other things sought—
‘‘(A) are relevant to an authorized inves-
tigation conducted in accordance with subsection
(a)(2) to obtain foreign intelligence information
not concerning a United States person or to pro-
tect against international terrorism or clandes-
tine intelligence activities; and
‘‘(B)(i) pertain to a foreign power or an
agent of a foreign power;
‘‘(ii) are relevant to the activities of a sus-
pected agent of a foreign power who is the subject
of such authorized investigation; or
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‘‘(iii) pertain to an individual in contact
with, or known to, a suspected agent of a foreign
power.’’.
(2) ORDER.—Section 501(c)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(c)(1)) is amended to read as follows:
‘‘(c)(1) Upon an application made pursuant to this
section, the judge shall enter an ex parte order as requested,
or as modified, approving the release of records or tangible
things if the judge finds that—
‘‘(A) the statement of facts contained in the ap-
plication establishes reasonable grounds to believe that
the records or other things sought are relevant to an
authorized investigation conducted in accordance with
subsection (a)(2) to obtain foreign intelligence infor-
mation not concerning a United States person or to
protect against international terrorism or clandestine
intelligence activities;
‘‘(B) the statement of facts contained in the ap-
plication establishes reasonable grounds to believe that
the records or other things sought—
‘‘(i) pertain to a foreign power or an agent
of a foreign power;
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‘‘(ii) are relevant to the activities of a sus-
pected agent of a foreign power who is the subject
of such authorized investigation; or
‘‘(iii) pertain to an individual in contact
with, or known to, a suspected agent of a foreign
power; and
‘‘(C) the application meets the other require-
ments of this section.’’.
(b) ADDITIONAL PROTECTIONS.—Section 501(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(c)) is amended—
(1) in paragraph (2), by inserting after ‘‘An
order under this subsection’’ the following:
‘‘(A) shall describe the tangible things con-
cerned with sufficient particularity to permit
them to be fairly identified;
‘‘(B) shall prescribe a return date which
will provide a reasonable period of time within
which the tangible things can be assembled and
made available;
‘‘(C) shall provide clear and conspicuous
notice of the principles and procedures set forth
in subsection (d);
‘‘(D) shall not require the production of
anything that would be protected from produc-
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tion under the standards applicable to a sub-
poena duces tecum issued by a court of the
United States in aid of a grand jury investiga-
tion; and
‘‘(E)’’.
(c) DIRECTOR APPROVAL
FOR CERTAIN APPLICA-
TIONS.—Section 501(a) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861(a)) is amended—
(1) in paragraph (1), by striking ‘‘The Director’’
and inserting ‘‘Except as provided in paragraph (3),
the Director’’; and
(2) by adding at the end the following:
‘‘(3) No application shall be made under this
section for an order requiring the production of li-
brary circulation records, library patron lists, book
sales records, book customer lists, firearms sales
records, or medical records containing personally
identifiable information without the prior written ap-
proval of the Director of the Federal Bureau of Inves-
tigation. The Director may delegate authority to ap-
prove such an application to the Deputy Director of
the Federal Bureau of Investigation, but such author-
ity may not be further delegated.’’.
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(d) PROHIBITION ON DISCLOSURE.—Section 501(d) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861(d)) is amended to read as follows:
‘‘(d)(1) No person shall disclose to any other person
that the Federal Bureau of Investigation has sought or ob-
tained tangible things pursuant to an order under this sec-
tion other than to
‘‘(A) those persons to whom such disclosure is
necessary to comply with such order;
‘‘(B) an attorney to obtain legal advice or assist-
ance with respect to the production of things in re-
sponse to the order; or
‘‘(C) other persons as permitted by the Director
of the Federal Bureau of Investigation or the designee
of the Director.
‘‘(2)(A) Any person having received a disclosure under
subparagraph (A), (B), or (C) of paragraph (1) shall be
subject to the prohibitions on disclosure under that para-
graph.
‘‘(B) Any person making a further disclosure author-
ized by subparagraph (A), (B), or (C) of paragraph (1)
shall notify the person to whom the disclosure is made of
the prohibitions on disclosure under this subsection.
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‘‘(3) An order under this section shall notify, in writ-
ing, the person to whom the order is directed of the non-
disclosure requirements under this subsection.’’.
(e) JUDICIAL REVIEW.—Section 501 of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 1861) is
amended by adding at the end the following:
‘‘(f)(1)(A) Any person receiving an order to produce
any tangible thing under this section may challenge the le-
gality of that order, including any prohibition on disclo-
sure, by filing a petition in the court established under sec-
tion 103(a).
‘‘(B) That petition may be considered by any judge
of the court.
‘‘(C) The judge considering the petition may modify
or set aside the order if the judge finds that the order does
not meet the requirements of this section or is otherwise un-
lawful.
‘‘(D) Any petition for review of a decision to affirm,
modify, or set aside an order or prohibition on disclosure
under this paragraph by the United States or any person
receiving such order shall be sent to the court of review es-
tablished under section 103(b), which shall have jurisdiction
to consider such petitions.
‘‘(E) The court of review shall immediately provide for
the record a written statement of the reasons for its decision
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and, on petition of the United States or any person receiv-
ing such order for a writ of certiorari, the record shall be
transmitted under seal to the Supreme Court, which shall
have jurisdiction to review such decision.
‘‘(2)(A) Judicial proceedings under this subsection
shall be concluded as expeditiously as possible.
‘‘(B) The record of proceedings, including applications
made and orders granted, shall be maintained under secu-
rity measures established by the Chief Justice of the United
States in consultation with the Attorney General and the
Director of National Intelligence.
‘‘(3) All petitions under this subsection shall be filed
under seal, and the court, upon the request of the Govern-
ment, shall review any Government submission, which may
include classified information, as well as the application
of the Government and related materials, ex parte and in
camera.
‘‘(4) Not later than 60 days after the date of enactment
of the USA PATRIOT Improvement and Reauthorization
Act of 2005, the court established under section 103(a) shall
develop and issue procedures for the review of petitions filed
under paragraph (1).’’.
(f) ENHANCED OVERSIGHT.—Section 502 of the For-
eign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862)
is amended
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(1) in subsection (a), by inserting ‘‘, and the
Committee on the Judiciary of the House of Rep-
resentatives and the Committee on the Judiciary of
the Senate,’’ after ‘‘of the Senate’’; and
(2) in subsection (b)—
(A) by striking ‘‘On a semiannual basis’’
through ‘‘the preceding 6-month period’’ and in-
serting ‘‘In April of each year, the Attorney Gen-
eral shall transmit to the Congress a report set-
ting forth with respect to the preceding calendar
year’’;
(B) in paragraph (1), by striking ‘‘and’’ at
the end;
(C) in paragraph (2), by striking the period
at the end and inserting ‘‘; and’’; and
(D) by adding at the end the following:
‘‘(3) the total number of applications made for
orders approving requests for the production of tan-
gible things under section 501, and the total number
of orders either granted, modified, or denied, when the
application or order involved any of the following:
‘‘(A) The production of tangible things from
a library, as defined in section 213(2) of the Li-
brary Services and Technology Act (20 U.S.C.
9122(2)).
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‘‘(B) The production of tangible things from
a person or entity primarily engaged in the sale,
rental, or delivery of books, journals, magazines,
or other similar forms of communication whether
in print or digitally.
‘‘(C) The production of records related to
the purchase of a firearm, as defined in section
921(a)(3) of title 18, United States Code.
‘‘(D) The production of health information,
as defined in section 1171(4) of the Social Secu-
rity Act (42 U.S.C. 1320d(4)).
‘‘(E) The production of taxpayer return in-
formation, return, or return information, as de-
fined in section 6103(b) of the Internal Revenue
Code of 1986 (26 U.S.C. 6103(b)).
‘‘(c) Each report under subsection (b) shall be sub-
mitted in unclassified form, but may include a classified
annex.
‘‘(d) In April of each year, the Attorney General shall
transmit to the Administrative Office of the United States
Courts and to Congress a report setting forth with respect
to the preceding calendar year—
‘‘(1) the total number of applications made for
orders approving requests for the production of tan-
gible things under section 501; and