Counterterrorism Authorities Improvements Act of 2009

Bill: 111-hr-3969
Sponsor: Rep. Reyes, Silvestre [D-TX-16]
Introduced: 2009-10-29 in the House
Policy area: Law
Subjects: Business records
Criminal investigation, prosecution, interrogation
Intelligence activities, surveillance, classified information
Judicial procedure and administration
Judicial review and appeals
Telephone and wireless communication
Terrorism

Summary:
action_date: 2009-10-29
text: 
Counterterrorism Authorities Improvements Act of 2009 - Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 and the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through December 31, 2013, provisions: (1) granting roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978 (FISA) in certain cases; (2) authorizing the Director of the Federal Bureau of Investigation (FBI) to apply for a court order requiring production of tangible things (books, records, documents) during foreign intelligence and international terrorism investigations; and (3) revising the definition of &quot;agent of a foreign power&quot; to include any non-U.S. person who engages in international terrorism or preparatory activities (thereby not requiring a showing that they are members or agents of a terrorist group or foreign power [&quot;lone wolf&quot; provision]).
 
Amends FISA to revise the factual basis requirements for the issuance of orders requiring FBI access to certain business records for foreign intelligence and international terrorism investigation purposes. Allows the application for such an order to include a request prohibiting any person from disclosing that the FBI has sought such information. Requires continuance through 2013 of required audits by the Inspector General of the Department of Justice (DOJ) of FBI investigative authority for foreign intelligence and international terrorism purposes.
 
Provides judicial review for telecommunications service providers, financial institutions, consumer reporting agencies, and government agencies of a nondisclosure requirement imposed in connection with a request or order from the FBI or authorized investigative agency for the production of reports, records, or other information in connection with a foreign intelligence, counterintelligence, or terrorism investigation. Prohibits the disclosure of such orders (also called national security letters) when the FBI Director certifies that disclosure may result in a danger to U.S. national security, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or a danger to the life or physical safety of a person. Provides exceptions.
 
Requires a request from the FBI or authorized investigative agency for access to telephone toll and transactional records and financial information and credit reports for counterintelligence purposes to include a written statement showing reasonable grounds that the information sought is relevant to the authorized investigation.
 
Requires continuance through 2013 of audits of the FBI use of national security letters. Directs the Attorney General to establish procedures for the collection, use, and storage of information obtained in response to a national security letter.
 
Directs the Attorney General to notify the congressional intelligence committees of the approval of an order for surveillance of an agent of a foreign power.
 
Requires applications for orders for the use of pen registers and trap and trace devices for foreign intelligence purposes to include a statement of whether minimization (information protection) procedures are being proposed, and, if so, a description of such procedures. Requires the DOJ's Inspector General to perform audits of the effectiveness and use of such devices for such purposes.


Legislative actions:
action_date: 2010-01-04
text: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
action_date: 2009-10-29
text: Referred to House Intelligence (Permanent)
action_date: 2009-10-29
text: Referred to House Financial Services
action_date: 2009-10-29
text: Referred to House Judiciary
action_date: 2009-10-29
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2009-10-29
text: Introduced in House
action_date: 2009-10-29
text: Introduced in House