USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006
PL 109-178 (S.2271), enacted 03/09/2006

120 STAT. 278
PUBLIC LAW 109–178—MAR. 9, 2006
Public Law 109–178
109th Congress
An Act
To clarify that individuals who receive FISA orders can challenge nondisclosure
requirements, that individuals who receive national security letters are not re-
quired to disclose the name of their attorney, that libraries are not wire or
electronic communication service providers unless they provide specific services,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘USA PATRIOT Act Additional
Reauthorizing Amendments Act of 2006’’.
SEC. 2. DEFINITION.
As used in this Act, the term ‘‘applicable Act’’ means the Act
entitled ‘‘An Act to extend and modify authorities needed to combat
terrorism, and for other purposes.’’ (109th Congress, 2d Session).
SEC. 3. JUDICIAL REVIEW OF FISA ORDERS.
Subsection (f) of section 501 of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1861), as amended by the applicable
Act, is amended to read as follows:
‘‘(f)(1) In this subsection—
‘‘(A) the term ‘production order’ means an order to produce
any tangible thing under this section; and
‘‘(B) the term ‘nondisclosure order’ means an order imposed
under subsection (d).
‘‘(2)(A)(i) A person receiving a production order may challenge
the legality of that order by filing a petition with the pool estab-
lished by section 103(e)(1). Not less than 1 year after the date
of the issuance of the production order, the recipient of a production
order may challenge the nondisclosure order imposed in connection
with such production order by filing a petition to modify or set
aside such nondisclosure order, consistent with the requirements
of subparagraph (C), with the pool established by section 103(e)(1).
‘‘(ii) The presiding judge shall immediately assign a petition
under clause (i) to 1 of the judges serving in the pool established
by section 103(e)(1). Not later than 72 hours after the assignment
of such petition, the assigned judge shall conduct an initial review
of the petition. If the assigned judge determines that the petition
is frivolous, the assigned judge shall immediately deny the petition
and affirm the production order or nondisclosure order. If the
assigned judge determines the petition is not frivolous, the assigned
judge shall promptly consider the petition in accordance with the
procedures established under section 103(e)(2).
Deadline.
Deadline.
USA PATRIOT
Act Additional
Reauthorizing
Amendments Act
of 2006.
Terrorism.
18 USC 1 note.
Mar. 9, 2006
[S. 2271]
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120 STAT. 279
PUBLIC LAW 109–178—MAR. 9, 2006
‘‘(iii) The assigned judge shall promptly provide a written state-
ment for the record of the reasons for any determination under
this subsection. Upon the request of the Government, any order
setting aside a nondisclosure order shall be stayed pending review
pursuant to paragraph (3).
‘‘(B) A judge considering a petition to modify or set aside
a production order may grant such petition only if the judge finds
that such order does not meet the requirements of this section
or is otherwise unlawful. If the judge does not modify or set aside
the production order, the judge shall immediately affirm such order,
and order the recipient to comply therewith.
‘‘(C)(i) A judge considering a petition to modify or set aside
a nondisclosure order may grant such petition only if the judge
finds that there is no reason to believe that disclosure may endanger
the national security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety of any
person.
‘‘(ii) If, upon filing of such a petition, the Attorney General,
Deputy Attorney General, an Assistant Attorney General, or the
Director of the Federal Bureau of Investigation certifies that disclo-
sure may endanger the national security of the United States or
interfere with diplomatic relations, such certification shall be
treated as conclusive, unless the judge finds that the certification
was made in bad faith.
‘‘(iii) If the judge denies a petition to modify or set aside
a nondisclosure order, the recipient of such order shall be precluded
for a period of 1 year from filing another such petition with respect
to such nondisclosure order.
‘‘(D) Any production or nondisclosure order not explicitly modi-
fied or set aside consistent with this subsection shall remain in
full effect.
‘‘(3) A petition for review of a decision under paragraph (2)
to affirm, modify, or set aside an order by the Government or
any person receiving such order shall be made to the court of
review established under section 103(b), which shall have jurisdic-
tion to consider such petitions. The court of review shall provide
for the record a written statement of the reasons for its decision
and, on petition by the Government or any person receiving such
order for writ of certiorari, the record shall be transmitted under
seal to the Supreme Court of the United States, which shall have
jurisdiction to review such decision.
‘‘(4) Judicial proceedings under this subsection shall be con-
cluded as expeditiously as possible. The record of proceedings,
including petitions filed, orders granted, and statements of reasons
for decision, shall be maintained under security measures estab-
lished by the Chief Justice of the United States, in consultation
with the Attorney General and the Director of National Intelligence.
‘‘(5) All petitions under this subsection shall be filed under
seal. In any proceedings under this subsection, the court shall,
upon request of the Government, review ex parte and in camera
any Government submission, or portions thereof, which may include
classified information.’’.
Records.
Records.
Certification.
Records.
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120 STAT. 280
PUBLIC LAW 109–178—MAR. 9, 2006
SEC. 4. DISCLOSURES.
(a) FISA.—Subparagraph (C) of section 501(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)(2)), as
amended by the applicable Act, is amended to read as follows:
‘‘(C) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person making
or intending to make a disclosure under subparagraph (A) or (C)
of paragraph (1) shall identify to the Director or such designee
the person to whom such disclosure will be made or to whom
such disclosure was made prior to the request.’’.
(b) TITLE 18.—Paragraph (4) of section 2709(c) of title 18,
United States Code, as amended by the applicable Act, is amended
to read as follows:
‘‘(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, except that nothing in this
section shall require a person to inform the Director or such
designee of the identity of an attorney to whom disclosure
was made or will be made to obtain legal advice or legal
assistance with respect to the request under subsection (a).’’.
(c) FAIR CREDIT REPORTING ACT.—
(1) IN GENERAL.—Paragraph (4) of section 626(d) of the
Fair Credit Reporting Act (15 U.S.C. 1681u(d)), as amended
by the applicable Act, is amended to read as follows:
‘‘(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, except that nothing in this
section shall require a person to inform the Director or such
designee of the identity of an attorney to whom disclosure
was made or will be made to obtain legal advice or legal
assistance with respect to the request for the identity of finan-
cial institutions or a consumer report respecting any consumer
under this section.’’.
(2) OTHER AGENCIES.—Paragraph (4) of section 627(c) of
the Fair Credit Reporting Act (15 U.S.C. 1681v(c)), as amended
by the applicable Act, is amended to read as follows:
‘‘(4) At the request of the authorized government agency,
any person making or intending to make a disclosure under
this section shall identify to the requesting official of the author-
ized government agency the person to whom such disclosure
will be made or to whom such disclosure was made prior
to the request, except that nothing in this section shall require
a person to inform the requesting official of the identity of
an attorney to whom disclosure was made or will be made
to obtain legal advice or legal assistance with respect to the
request for information under subsection (a).’’.
(d) RIGHT TO FINANCIAL PRIVACY ACT.—
(1) IN GENERAL.—Subparagraph (D) of section 1114(a)(3)
of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(3)),
as amended by the applicable Act, is amended to read as
follows:
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120 STAT. 281
PUBLIC LAW 109–178—MAR. 9, 2006
‘‘(D) At the request of the authorized Government authority
or the Secret Service, any person making or intending to make
a disclosure under this section shall identify to the requesting
official of the authorized Government authority or the Secret
Service the person to whom such disclosure will be made or
to whom such disclosure was made prior to the request, except
that nothing in this section shall require a person to inform
the requesting official of the authorized Government authority
or the Secret Service of the identity of an attorney to whom
disclosure was made or will be made to obtain legal advice
or legal assistance with respect to the request for financial
records under this subsection.’’.
(2) FEDERAL BUREAU OF INVESTIGATION.—Clause (iv) of sec-
tion 1114(a)(5)(D) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(5)(D)), as amended by the applicable Act, is
amended to read as follows:
‘‘(iv) At the request of the Director of the Federal
Bureau of Investigation or the designee of the Director,
any person making or intending to make a disclosure
under this section shall identify to the Director or
such designee the person to whom such disclosure will
be made or to whom such disclosure was made prior
to the request, except that nothing in this section shall
require a person to inform the Director or such des-
ignee of the identity of an attorney to whom disclosure
was made or will be made to obtain legal advice or
legal assistance with respect to the request for financial
records under subparagraph (A).’’.
(e) NATIONAL SECURITY ACT OF 1947.—Paragraph (4) of section
802(b) of the National Security Act of 1947 (50 U.S.C. 436(b)),
as amended by the applicable Act, is amended to read as follows:
‘‘(4) At the request of the authorized investigative agency,
any person making or intending to make a disclosure under
this section shall identify to the requesting official of the author-
ized investigative agency the person to whom such disclosure
will be made or to whom such disclosure was made prior
to the request, except that nothing in this section shall require
a person to inform the requesting official of the identity of
an attorney to whom disclosure was made or will be made
to obtain legal advice or legal assistance with respect to the
request under subsection (a).’’.
SEC. 5. PRIVACY PROTECTIONS FOR LIBRARY PATRONS.
Section 2709 of title 18, United States Code, as amended by
the applicable Act, is amended by adding at the end the following:
‘‘(f) LIBRARIES.—A library (as that term is defined in section
213(1) of the Library Services and Technology Act (20 U.S.C.
9122(1)), the services of which include access to the Internet, books,
journals, magazines, newspapers, or other similar forms of commu-
nication in print or digitally by patrons for their use, review, exam-
ination, or circulation, is not a wire or electronic communication
service provider for purposes of this section, unless the library
is providing the services defined in section 2510(15) (‘electronic
communication service’) of this title.’’.
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120 STAT. 282
PUBLIC LAW 109–178—MAR. 9, 2006
LEGISLATIVE HISTORY—S. 2271:
CONGRESSIONAL RECORD, Vol. 152 (2006):
Feb. 16, 27, 28, Mar. 1, considered and passed Senate.
Mar. 7, considered and passed House.
This Act shall become effective immediately upon enactment.
Approved March 9, 2006.
Effective date.
12 USC 3414
note.
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