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‘‘(2) the total number of such orders either grant-
ed, modified, or denied.’’.
SEC. 8. PATRIOT SECTION 505; PROCEDURAL PROTECTIONS
FOR NATIONAL SECURITY LETTERS.
(a) IN GENERAL.—Section 2709(a) of title 18, United
States Code, is amended—
(1) by striking ‘‘A wire or electronic communica-
tion service provider’’ and inserting the following:
‘‘(1) IN GENERAL.—A wire or electronic commu-
nication service provider’’; and
(2) by adding at the end the following:
‘‘(2) JUDICIAL
REVIEW.—A wire or electronic
communication service provider who receives a re-
quest under subsection (b) may, at any time, seek a
court order from an appropriate United States dis-
trict court to modify or set aside the request. Any
such motion shall state the grounds for challenging
the request with particularity. The court may modify
or set aside the request if compliance would be unrea-
sonable or oppressive or would violate any constitu-
tional or other legal right or privilege of the peti-
tioner.’’.
(b) NONDISCLOSURE.—Section 2709(c) of title 18,
United States Code, is amended—
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(1) by striking ‘‘No wire or electronic commu-
nication service provider’’ and inserting the following:
‘‘(1) IN GENERAL.—No wire or electronic com-
munication service provider’’; and
(2) by adding at the end the following:
‘‘(3) JUDICIAL
REVIEW.—A wire or electronic
communication service provider who receives a re-
quest under subsection (b) may, at any time, seek a
court order from an appropriate United States dis-
trict court challenging the nondisclosure requirement
under paragraph (1). Any such motion shall state the
grounds for challenging the nondisclosure requirement
with particularity.
‘‘(4) STANDARD
OF
REVIEW.—The court may
modify or set aside such a nondisclosure requirement
if there is no reason to believe that disclosure may en-
danger the national security of the United States,
interfere with a criminal, counterterrorism, or coun-
terintelligence investigation, interfere with diplomatic
relations, or endanger the life or physical safety of
any person. In reviewing a nondisclosure require-
ment, the certification by the Government that the
disclosure may endanger the national security of the
United States or interfere with diplomatic relations
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shall be treated as conclusive unless the court finds
that the certification was made in bad faith.’’.
(c) ENFORCEMENT
OF NATIONAL SECURITY LET-
TERS.—Section 2709(a) of title 18, United States Code, as
amended by subsection (b), is amended by adding at the
end the following:
‘‘(3) ENFORCEMENT OF REQUESTS.—The Attor-
ney General may seek enforcement of a request under
subsection (b) in an appropriate United States dis-
trict court if a recipient refuses to comply with the
request.’’.
(d) DISCLOSURE OF INFORMATION.—
(1) SECURE
PROCEEDINGS.—Section 2709 of
title 18, United States Code, as amended by sub-
sections (b) and (c), is amended—
(A) in subsection (a), by adding at the end
the following:
‘‘(4) SECURE PROCEEDINGS.—The disclosure of
information in any proceedings under this subsection
may be limited consistent with the requirements of the
Classified Information Procedures Act (18 U.S.C.
App)’’; and
(B) in subsection (c), by adding at the end
the following:
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‘‘(4) SECURE PROCEEDINGS.—The disclosure of
information in any proceedings under this subsection
may be limited consistent with the requirements of the
Classified Information Procedures Act (18 U.S.C.
App).’’.
(2) DISCLOSURE TO NECESSARY PERSONS.—Sec-
tion 2709(c)(1) of title 18, United States Code, as
amended by subsection (b), is amended—
(A) by inserting after ‘‘any person’’ the fol-
lowing: ‘‘, except for disclosure to an attorney to
obtain legal advice regarding the request or to
persons to whom disclosure is necessary in order
to comply with the request,’’; and
(B) by adding at the end the following:
‘‘Any attorney or person whose assistance is nec-
essary to comply with the request who is notified
of the request also shall not disclose to any per-
son that the Federal Bureau of Investigation has
sought or obtained access to information or
records under this section.’’.
SEC. 9. SUNSET PROVISIONS.
(a) MODIFICATION OF PATRIOT ACT SUNSET PROVI-
SION.—Section 224(a) of the USA PATRIOT Act (18
U.S.C. 2510 note) is amended to read as follows:
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‘‘(a) IN GENERAL.—Except as provided in subsection
(b), sections 206 and 215, and the amendments made by
those sections, shall cease to have effect on December 31,
2009, and any provision of law amended or modified by
such sections shall take effect on January 1, 2010, as in
effect on the day before the effective date of this Act.’’.
(b) EXTENSION OF SUNSET ON ‘‘LONE WOLF’’ PROVI-
SION.—Subsection (b) of section 6001 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (50 U.S.C.
1801 note) is amended to read as follows:
‘‘(b) SUNSET.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the amendment made by subsection (a)
shall cease to have effect on December 31, 2009.
‘‘(2) SPECIAL RULE.—With respect to any par-
ticular foreign intelligence investigation that began
before the date on which the amendment made by sub-
section (a) ceases to have effect, section 101(b)(1) of
the Foreign Intelligence Surveillance Act of 1978, as
amended by subsection (a), shall continue in effect.’’.
(c) REPEAL OF SUNSET PROVISION RELATING TO SEC-
TION 2332B AND THE MATERIAL SUPPORT SECTIONS OF
TITLE 18, UNITED STATES CODE.—Section 6603 of the In-
telligence Reform and Terrorism Prevention Act of 2004
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(Public Law 108–458; 118 Stat. 3762) is amended by strik-
ing subsection (g).
(d) TECHNICAL AMENDMENT.—Section 1(a) of the
Uniting and Strengthening America by Providing Appro-
priate Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 is amended to read as
follows:
‘‘(a) SHORT TITLE.—This Act may be cited as the
‘Uniting and Strengthening America by Providing Appro-
priate tools Required to Intercept and Obstruct Terrorism
Act of 2001’ or the ‘USA PATRIOT Act’.’’.
SEC. 10. ENHANCEMENT OF SUNSHINE PROVISIONS.
(a) RULES AND PROCEDURES FOR FISA COURTS.—
Section 103 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1803) is amended by adding at the end
the following:
‘‘(e)(1) The courts established pursuant to subsections
(a) and (b) may establish such rules and procedures, and
take such actions, as are reasonably necessary to administer
their responsibilities under this Act.
‘‘(2) The rules and procedures established under para-
graph (1), and any modifications of such rules and proce-
dures, shall be recorded, and shall be transmitted to the fol-
lowing:
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‘‘(A) All of the judges on the court established
pursuant to subsection (a).
‘‘(B) All of the judges on the court of review es-
tablished pursuant to subsection (b).
‘‘(C) The Chief Justice of the United States.
‘‘(D) The Committee on the Judiciary of the
Senate.
‘‘(E) The Select Committee on Intelligence of the
Senate.
‘‘(F) The Committee on the Judiciary of the
House of Representatives.
‘‘(G) The Permanent Select Committee on Intel-
ligence of the House of Representatives.
‘‘(3) The transmissions required by paragraph (2)
shall be submitted in unclassified form, but may include
a classified annex.’’.
(b) ENHANCED CONGRESSIONAL OVERSIGHT OF FISA
EMERGENCY AUTHORITIES.—
(1) EMERGENCY ELECTRONIC SURVEILLANCE.—
Section 107 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1807), is amended—
(A) in paragraph (a), by striking ‘‘and’’ at
the end;
(B) in paragraph (b), by striking the period
at the end and inserting ‘‘; and’’; and
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(C) by adding at the end the following:
‘‘(c) the total number of emergency employments of
electronic surveillance under section 105(f) and the total
number of subsequent orders approving or denying such
electronic surveillance.’’.
(2) EMERGENCY PHYSICAL SEARCHES.—Section
306 of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1826) is amended—
(A) in the first sentence, by inserting ,‘‘ and
the Committee on the Judiciary of the House of
Representatives and the Committee on the Judi-
ciary of the Senate,’’ after ‘‘the Senate’’;
(B) in the second sentence, by striking ‘‘and
the Committees on the Judiciary of the House of
Representatives and the Senate’’;
(C) in paragraph (2), by striking ‘‘and’’ at
the end;
(D) in paragraph (3), by striking the pe-
riod at the end and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(4) the total number of emergency physical
searches authorized by the Attorney General under
section 304(e) (50 U.S.C. 1824(e)), and the total
number of subsequent orders approving or denying
such physical searches.’’.
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(3) EMERGENCY PEN REGISTERS AND TRAP AND
TRACE DEVICES.—Section 406(b) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1846(b))
is amended—
(A) in paragraph (1), by striking ‘‘and’’ at
the end;
(B) in paragraph (2), by striking the period
at the end and inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(3) the total number of pen registers and trap
and trace devices whose installation and use was au-
thorized by the Attorney General on an emergency
basis under section 403, and the total number of sub-
sequent orders approving or denying the installation
and use of such pen registers and trap and trace de-
vices.’’.
Attest:
Secretary.