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PATRIOT Act of 2005

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(Public Law 109-177 of  March 9, 2006, 120 STAT. 192)

An Act To extend and modify authorities needed to combat terrorism, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Short Title; Table of Contents
 

Section 1.

(a) Short Title.—This Act may be cited as the “USA PATRIOT Improvement and Reauthorization Act of 2005”.

(b) Table of Contents.—The table of contents for this Act is as follows:

 

Sec. 1.          Short title; table of contents.

 

Title I—USA PATRIOT Improvement and Reauthorization Act

Sec. 101.      References to, and modification of short title for, USA PATRIOT Act.

Sec. 102.      USA PATRIOT Act sunset provisions.

Sec. 103.      Extension of sunset relating to individual terrorists as agents of foreign powers.

Sec. 104.      Section 2332b and the material support sections of title 18, United States Code.

Sec. 105.      Duration of FISA surveillance of non-United States persons under section 207 of the USA PATRIOT Act.

Sec. 106.      Access to certain business records under section 215 of the USA PATRIOT Act.

Sec. 106A.    Audit on access to certain business records for foreign intelligence purposes.

Sec. 107.      Enhanced oversight of good-faith emergency disclosures under section 212 of the USA PATRIOT Act.

Sec. 108.      Multipoint electronic surveillance under section 206 of the USA PATRIOT Act.

Sec. 109.      Enhanced congressional oversight.

Sec. 110.      Attacks against railroad carriers and mass transportation systems.

Sec. 111.      Forfeiture.

Sec. 112.      Section 2332b(g)(5)(B) amendments relating to the definition of Federal crime of terrorism.

Sec. 113.      Amendments to section 2516(1) of title 18, United States Code.

Sec. 114.      Delayed notice search warrants.

Sec. 115.      Judicial review of national security letters.

Sec. 116.      Confidentiality of national security letters.

Sec. 117.      Violations of nondisclosure provisions of national security letters.

Sec. 118.      Reports on national security letters.

Sec. 119.      Audit of use of national security letters.

Sec. 120.      Definition for forfeiture provisions under section 806 of the USA PATRIOT Act.

Sec. 121.      Penal provisions regarding trafficking in contraband cigarettes or smokeless tobacco.

Sec. 122.      Prohibition of narco-terrorism.

Sec. 123.      Interfering with the operation of an aircraft.

Sec. 124.      Sense of Congress relating to lawful political activity.

Sec. 125.      Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies.

Sec. 126.      Report on data-mining activities.

Sec. 127.      Sense of Congress.

Sec. 128.      USA PATRIOT Act section 214; authority for disclosure of additional information in connection with orders for pen register and trap and trace authority under FISA.

 

Title II—Terrorist Death Penalty Enhancement

Sec. 201.      Short title.

 

Subtitle A—Terrorist penalties enhancement Act

Sec. 211.      Death penalty procedures for certain air piracy cases occurring before enactment of the Federal Death Penalty Act of 1994.

Sec. 212.      Postrelease supervision of terrorists.

 

Subtitle B—Federal Death Penalty Procedures

Sec. 221.      Elimination of procedures applicable only to certain Controlled Substances Act cases.

Sec. 222.      Counsel for financially unable defendants.

 

Title III—Reducing Crime and Terrorism at America’s Seaports

Sec. 301.      Short title.

Sec. 302.      Entry by false pretenses to any seaport.

Sec. 303.      Criminal sanctions for failure to heave to, obstruction of boarding, or providing false information.

Sec. 304.      Criminal sanctions for violence against maritime navigation, placement of destructive devices.

Sec. 305.      Transportation of dangerous materials and terrorists.

Sec. 306.      Destruction of, or interference with, vessels or maritime facilities.

Sec. 307.      Theft of interstate or foreign shipments or vessels.

Sec. 308.      Stowaways on vessels or aircraft.

Sec. 309.      Bribery affecting port security.

Sec. 310.      Penalties for smuggling goods into the United States.

Sec. 311.      Smuggling goods from the United States.

 

Title IV—Combating Terrorism Financing

Sec. 401.      Short title.

Sec. 402.      Increased penalties for terrorism financing.

Sec. 403.      Terrorism-related specified activities for money laundering.

Sec. 404.      Assets of persons committing terrorist acts against foreign countries or international organizations.

Sec. 405.      Money laundering through hawalas.

Sec. 406.      Technical and conforming amendments relating to the USA PATRIOT Act.

Sec. 407.      Cross reference correction.

Sec. 408.      Amendment to amendatory language.

Sec. 409.      Designation of additional money laundering predicate.

Sec. 410.      Uniform procedures for criminal forfeiture.

 

Title V—Miscellaneous Provisions

Sec. 501.      Residence of United States attorneys and assistant United States attorneys.

Sec. 502.      Interim appointment of United States Attorneys.

Sec. 503.      Secretary of Homeland Security in Presidential line of succession.

Sec. 504.      Bureau of Alcohol, Tobacco and Firearms to the Department of Justice.

Sec. 505.      Qualifications of United States Marshals.

Sec. 506.      Department of Justice intelligence matters.

Sec. 507.      Review by Attorney General.

 

Title VI—Secret Service

Sec. 601.      Short title.

Sec. 602.      Interference with national special security events.

Sec. 603.      False credentials to national special security events.

Sec. 604.      Forensic and investigative support of missing and exploited children cases.

Sec. 605.      The Uniformed Division, United States Secret Service.

Sec. 606.      Savings provisions.

Sec. 607.      Maintenance as distinct entity.

Sec. 608.      Exemptions from the Federal Advisory Committee Act.

 

Title VII—Combat Methamphetamine Epidemic Act of 2005

Sec. 701.      Short title.

 

Subtitle A—Domestic regulation of precursor chemicals

Sec. 711.      Scheduled listed chemical products; restrictions on sales quantity, behind-the-counter access, and other safeguards.

Sec. 712.      Regulated transactions.

Sec. 713.      Authority to establish production quotas.

Sec. 714.      Penalties; authority for manufacturing; quota.

Sec. 715.      Restrictions on importation; authority to permit imports for medical, scientific, or other legitimate purposes.

Sec. 716.      Notice of importation or exportation; approval of sale or transfer by importer or exporter.

Sec. 717.      Enforcement of restrictions on importation and of requirement of notice of transfer.

Sec. 718.      Coordination with United States Trade Representative.

 

Subtitle B—International regulation of precursor chemicals

Sec. 721.      Information on foreign chain of distribution; import restrictions regarding failure of distributors to cooperate.

Sec. 722.      Requirements relating to the largest exporting and importing countries of certain precursor chemicals.

Sec. 723.      Prevention of smuggling of methamphetamine into the United States from Mexico.

 

Subtitle C—Enhanced criminal penalties for methamphetamine production and trafficking

Sec. 731.      Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs.

Sec. 732.      Manufacturing controlled substances on Federal property.

Sec. 733.      Increased punishment for methamphetamine kingpins.

Sec. 734.      New child-protection criminal enhancement.

Sec. 735.      Amendments to certain sentencing court reporting requirements.

Sec. 736.      Semiannual reports to Congress.

 

 

Subtitle D—Enhanced environmental regulation of methamphetamine byproducts

Sec. 741.      Biennial report to Congress on agency designations of by-products of methamphetamine laboratories as hazardous materials.

Sec. 742.      Methamphetamine production report.

Sec. 743.      Cleanup costs.

 

Subtitle E—Additional programs and activities

Sec. 751.      Improvements to Department of Justice drug court grant program.

Sec. 752.      Drug courts funding.

Sec. 753.      Feasibility study on Federal drug courts.

Sec. 754.      Grants to hot spot areas to reduce availability of methamphetamine.

Sec. 755.      Grants for programs for drug-endangered children.

Sec. 756.      Authority to award competitive grants to address methamphetamine use by pregnant and parenting women offenders.

 

TITLE IUSA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

 

Reference to, and Modification of Short Title for, USA PATRIOT Act

 

Sec. 101.

(a) References to USA PATRIOT Act.—A reference in this Act to the USA PATRIOT Act shall be deemed a reference to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001.

(b) Modification of Short Title of USA PATRIOT Act.—Section 1(a) of the USA PATRIOT Act is amended to read as follows:

 

“(a) Short Title.—This Act may be cited as the ‘Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001’ or the ‘USA PATRIOT Act’.”.

 

USA PATRIOT Act Sunset Provisions

 

Sec. 102.

(a) In General.—Section 224 of the USA PATRIOT Act is repealed.

(b) Sections 206 and 215 Sunset.—

(1) In General.—Effective December 31, 2009, the Foreign Intelligence Surveillance Act of 1978 is amended so that sections 501, 502, and 105(c)(2) read as they read on October 25, 2001.

(2) Exception.—With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which such provisions cease to have effect, such provisions shall continue in effect.

 

Extension of Sunset Relating to Individual Terrorists as Agents of Foreign Powers

 

Sec. 103.

Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742) is amended to read as follows:

“(b) Sunset.—

“(1) In General.—Except as provided in paragraph (2), the amendment made by subsection (a) shall cease to have effect on June 1, 2015.

“(2) Exception.—With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which the provisions cease to have effect, such provisions shall continue in effect.”.

 

Section 233b and the Material Support Sections of Title 18, United States Code

 

Sec. 104.

Section 6603 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3762) is amended by striking subsection (g).

 

Duration of FISA Surveillance of Non-United States Persons Under Section 207 of the USA PATRIOT Act

 

Sec. 105.

(a) Electronic Surveillance.—Section 105(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1805(e)) is amended—

(1) in paragraph (1)(B), by striking “, as defined in section 101(b)(1)(A)” and inserting “who is not a United States person”; and

(2) in subsection (2)(B), by striking “as defined in section 101(b)(1)(A)” and inserting “who is not a United States person”.

(b) Physical Search.—Section 304(d) of such Act (50 U.S.C. §1824(d)) is amended—

(1) in paragraph (1)(B), by striking “as defined in section 101(b)(1)(A)” and inserting “who is not a United States person”; and

(2) in paragraph (2), by striking “as defined in section 101(b)(1)(A)” and inserting “who is not a United States person”.

(c) Pen Registers, trap and Trace Devices.—Section 402(e) of such Act (50 U.S.C. §1842(e)) is amended—

(1) by striking “(e) An” and inserting “(e)(1) Except as provided in paragraph (2), an”; and

(2) by adding at the end the following new paragraph:

 

“(2) In the case of an application under subsection (c) where the applicant has certified that the information likely to be obtained is foreign intelligence information not concerning a United States person, an order, or an extension of an order, under this section may be for a period not to exceed one year.”.

 

Access to Certain Business Records Under Section 215 of the USA PATRIOT Act

 

Sec. 106.

(a) Director Approval for Certain Applications.—Subsection (a) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1861(a)) is amended—

(1) in paragraph (1), by striking “The Director” and inserting “Subject to paragraph (3), the Director”; and

(2) by adding at the end the following:

 

“(3) In the case of an application for an order requiring the production of library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person, the Director of the Federal Bureau of Investigation may delegate the authority to make such application to either the Deputy Director of the Federal Bureau of Investigation or the Executive Assistant Director for National Security (or any successor position). The Deputy Director or the Executive Assistant Director may not further delegate such authority.”.

 

(b) Factual Basis for Requested Order.—Subsection (b)(2) of such section is amended to read as follows:

 

“(2) shall include—

“(A) a statement of facts showing that there are reasonable grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with subsection (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, such things being presumptively relevant to an authorized investigation if the applicant shows in the statement of the facts that they pertain to—

“(i) a foreign power or an agent of a foreign power;

“(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investigation; or

“(iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation; and

“(B) an enumeration of the minimization procedures adopted by the Attorney General under subsection (g) that are applicable to the retention and dissemination by the Federal Bureau of Investigation of any tangible things to be made available to the Federal Bureau of Investigation based on the order requested in such application.”.

 

(c) Clarification of Judicial Discretion.—Subsection (c)(1) of such section is amended to read as follows:

 

“(c)(1) Upon an application made pursuant to this section, if the judge finds that the application meets the requirements of subsections (a) and (b), the judge shall enter an ex parte order as requested, or as modified, approving the release of tangible things.  Such order shall direct that minimization procedures adopted pursuant to subsection (g) be followed.”.

 

(d) Additional Protections.—Subsection (c)(2) of such section is amended to read as follows:

 

“(2) An order under this subsection—

“(A) shall describe the tangible things that are ordered to be produced with sufficient particularity to permit them to be fairly identified;

“(B) shall include the date on which the tangible things must be provided, which shall allow 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 described in subsection (d);

“(D) may only require the production of a tangible thing if such thing can be obtained with a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation or with any other order issued by a court of the United States directing the production of records or tangible things; and

“(E) shall not disclose that such order is issued for purposes of an investigation described in subsection (a).”.

 

 (e) Prohibitions on Disclosure.—Subsection (d) of such section 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 obtained tangible things pursuant to an order under this section, other than to—

“(A) those persons to whom disclosure is necessary to comply with such order;

“(B) an attorney to obtain legal advice or assistance with respect to the production of things in response 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) A person to whom disclosure is made pursuant to paragraph (1) shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as such person.

“(B) Any person who discloses to a person described in subparagraph (A), (B), or (C) of paragraph (1) that the Federal Bureau of Investigation has sought or obtained tangible things pursuant to an order under this section shall notify such person of the nondisclosure requirements of this subsection.

“(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 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, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance.”.

 

(f) Judicial Review.—

(1) Petition Review Pool.—Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1803) is amended by adding at the end the following new subsection:

 

“(e)(1) Three judges designated under subsection (a) who reside within 20 miles of the District of Columbia, or, if all of such judges are unavailable, other judges of the court established under subsection (a) as may be designated by the presiding judge of such court, shall comprise a petition review pool which shall have jurisdiction to review petitions filed pursuant to section 501(f)(1).

“(2) Not later than 60 days after the date of the enactment of the USA PATRIOT Improvement and Reauthorization Act of 2005, the court established under subsection (a) shall adopt and, consistent with the protection of national security, publish procedures for the review of petitions filed pursuant to section 501(f)(1) by the panel established under paragraph (1).  Such procedures shall provide that review of a petition shall be conducted in camera and shall also provide for the designation of an acting presiding judge.”.

 

(2) Proceedings.—Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1861) is further amended by adding at the end the following new subsection:

 

“(f)(1) A person receiving an order to produce any tangible thing under this section may challenge the legality of that order by filing a petition with the pool established by section 103(e)(1).  The presiding judge shall immediately assign the petition to one of the judges serving in such pool.  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 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 pursuant to section 103(e)(2).  The judge considering the petition may modify or set aside the order only if the judge finds that the order does not meet the requirements of this section or is otherwise unlawful.  If the judge does not modify or set aside the order, the judge shall immediately affirm the order and order the recipient to comply therewith.  The assigned judge shall promptly provide a written statement for the record of the reasons for any determination under this paragraph.

“(2) A petition for review of a decision to affirm, modify, or set aside an order by the United States or any person receiving such order shall be to the court of review established under section 103(b), which shall have jurisdiction 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 of the United States or any person receiving such order for writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision.

“(3) Judicial proceedings under this subsection shall be concluded 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 established by the Chief Justice of the United States in consultation with the Attorney General and the Director of National Intelligence.

“(4) 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.”.

 

(g) Minimization Procedures and Use of Information.—Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1861) is further amended by adding at the end the following new subsections:

 

“(g) Minimization Procedures.—

“(1) In General.—Not later than 180 days after the date of the enactment of the USA PATRIOT Improvement and Reauthorization Act of 2005, the Attorney General shall adopt specific minimization procedures governing the retention and dissemination by the Federal Bureau of Investigation of any tangible things, or information therein, received by the Federal Bureau of Investigation in response to an order under this title.

“(2) Defined.—In this section, the term ‘minimization procedures’ means—

“(A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the production of tangible things, to minimize the retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information;

“(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and

“(C) notwithstanding subparagraphs (A) and (B), procedures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes.

“(h) Use of Information.—Information acquired from tangible things received by the Federal Bureau of Investigation in response to an order under this title concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the minimization procedures adopted pursuant to subsection (g).  No otherwise privileged information acquired from tangible things received by the Federal Bureau of Investigation in accordance with the provisions of this title shall lose its privileged character.  No information acquired from tangible things received by the Federal Bureau of Investigation in response to an order under this title may be used or disclosed by Federal officers or employees except for lawful purposes.”.

 

(h) Enhanced Oversight.—Section 502 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1862) is amended—

(1) in subsection (a)—

(A) by striking “semiannual basis” and inserting “annual basis”; and

(B) by inserting “and the Committee on the Judiciary” after “and the Select Committee on Intelligence”;

(2) in subsection (b)—

(A) by striking “On a semiannual basis” and all that follows through “the preceding 6-month period” and inserting “In April of each year, the Attorney General shall submit to the House and Senate Committees on the Judiciary and the House Permanent Select Committee on Intelligence and the Senate Select Committee on Intelligence a report setting 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 new paragraph:

 

“(3) the number of such orders either granted, modified, or denied for the production of each of the following:

“(A) Library circulation records, library patron lists, book sales records, or book customer lists.

“(B) Firearms sales records.

“(C) Tax return records.

“(D) Educational records.

“(E) Medical records containing information that would identify a person.”; and

 

(3) by adding at the end the following new subsection:

 

“(c)(1) In April of each year, the Attorney General shall submit to Congress a report setting forth with respect to the preceding year—

“(A) the total number of applications made for orders approving requests for the production of tangible things under section 501; and

“(B) the total number of such orders either granted, modified, or denied.

“(2) Each report under this subsection shall be submitted in unclassified form.”.

 

Audit on Access to Certain Business Records for Foreign Intelligence Purposes

 

Sec. 106A.

(a) Audit.—The Inspector General of the Department of Justice shall perform a comprehensive audit of the effectiveness and use, including any improper or illegal use, of the investigative authority provided to the Federal Bureau of Investigation under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1861 et seq.).

(b) Requirements.—The audit required under subsection (a) shall include—

(1) an examination of each instance in which the Attorney General, any other officer, employee, or agent of the Department of Justice, the Director of the Federal Bureau of Investigation, or a designee of the Director, submitted an application to the Foreign Intelligence Surveillance Court (as such term is defined in section 301(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1821(3))) for an order under section 501 of such Act during the calendar years of 2002 through 2006, including—

(A) whether the Federal Bureau of Investigation requested that the Department of Justice submit an application and the request was not submitted to the court (including an examination of the basis for not submitting the application);

(B) whether the court granted, modified, or denied the application  (including an examination of the basis for any modification or denial);

(2) the justification for the failure of the Attorney General to issue implementing procedures governing requests for the production of tangible things under such section in a timely fashion, including whether such delay harmed national security;

(3) whether bureaucratic or procedural impediments to the use of such requests for production prevent the Federal Bureau of Investigation from taking full advantage of the authorities provided under section 501 of such Act;

(4) any noteworthy facts or circumstances relating to orders under such section, including any improper or illegal use of the authority provided under such section; and

(5) an examination of the effectiveness of such section as an investigative tool, including—

(A) the categories of records obtained and the importance of the information acquired to the intelligence activities of the Federal Bureau of Investigation or any other Department or agency of the Federal Government;

(B) the manner in which such information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to such information (such as access to “raw data”) provided to any other Department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity;

(C) with respect to calendar year 2006, an examination of the minimization procedures adopted by the Attorney General under section 501(g) of such Act and whether such minimization procedures protect the constitutional rights of United States persons;

(D) whether, and how often, the Federal Bureau of Investigation utilized information acquired pursuant to an order under section 501 of such Act to produce an analytical intelligence product for distribution within the Federal Bureau of Investigation, to the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. §401a(4))), or to other Federal, State, local, or tribal government Departments, agencies, or instrumentalities; and

(E) whether, and how often, the Federal Bureau of Investigation provided such information to law enforcement authorities for use in criminal proceedings.

(c) Submission Dates.—

(1) Prior Years.—Not later than one year after the date of the enactment of this Act, or upon completion of the audit under this section for calendar years 2002, 2003, and 2004, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this section for calendar years 2002, 2003, and 2004.

(2) Calendar Years 2005 and 2006.—Not later than December 31, 2007, or upon completion of the audit under this section for calendar years 2005 and 2006, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this section for calendar years 2005 and 2006.

(d) Prior Notice to Attorney General and Director of National Intelligence; Comments.—

(1) Notice.—Not less than 30 days before the submission of a report under subsection (c)(1) or (c)(2), the Inspector General of the Department of Justice shall provide such report to the Attorney General and the Director of National Intelligence.

(2) Comments.—The Attorney General or the Director of National Intelligence may provide comments to be included in the reports submitted under subsections (c)(1) and (c)(2) as the Attorney General or the Director of National Intelligence may consider necessary.

(e) Unclassified Form.—The reports submitted under subsections (c)(1) and  (c)(2) and any comments included under subsection (d)(2) shall be in unclassified form, but may include a classified annex.

 

Enhanced Oversight of Good-Faith Emergency Disclosures under Section 212 of the USA PATRIOT Act

 

Sec. 107.

(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 Department 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 criminal charges.”.

 

(b) Technical Amendments to Conform Communications and Customer Records Exceptions.—

(1) Voluntary Disclosures.—Section 2702 of title 18, United States Code, is amended—

(A) in subsection (b)(8), by striking “Federal, State, or local”; and

(B) by striking paragraph (4) of subsection (c) and inserting the following:

“(4) to a governmental entity, if the provider, in good faith, believes that an emergency involving danger of death or serious physical injury to any person requires disclosure without delay of information relating to the emergency;”.

 

(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 department or agency of the United States or any State or political subdivision thereof.”.

 

(c) Additional Exception.—Section 2702(a) of title 18, United States Code, is amended by inserting “or (c)” after “Except as provided in subsection (b)”.

 

Multipoint Electronic Surveillance under Section 206 of the USA PATRIOT Act

 

Sec. 108.

(a) Inclusion of Specific Facts in Application.—

(1) Application.—Section 104(a)(3) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1804(a)(3)) is amended by inserting “specific” after “description of the”.

(2) Order.—Subsection (c) of section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1805(c)) is amended—

(A) in paragraph (1)(A) by striking “target of the electronic surveillance” and inserting “specific target of the electronic surveillance identified or described in the application pursuant to section 104(a)(3)”; and

(B) in paragraph (2)(B), by striking “where the Court finds” and inserting  “where the Court finds, based upon specific facts provided in the application,”.

(b) Additional Directions.—Such subsection is further amended—

(1) by striking “An order approving” and all that follows through “specify” and inserting “(1) Specifications—An order approving an electronic surveillance under this section shall specify”;

(2) in paragraph (1)(F), by striking “; and” and inserting a period;

(3) in paragraph (2), by striking “direct” and inserting “DIRECTIONS—An order approving an electronic surveillance under this section shall direct”; and

(4) by adding at the end the following new paragraph:

 

“(3) Special Directions for Certain Orders.—An order approving an electronic surveillance under this section in circumstances where the nature and location of each of the facilities or places at which the surveillance will be directed is unknown shall direct the applicant to provide notice to the court within ten days after the date on which surveillance begins to be directed at any new facility or place, unless the court finds good cause to justify a longer period of up to 60 days, of—

“(A) the nature and location of each new facility or place at which the electronic surveillance is directed;

“(B) the facts and circumstances relied upon by the applicant to justify the applicant’s belief that each new facility or place at which the electronic surveillance is directed is or was being used, or is about to be used, by the target of the surveillance;

“(C) a statement of any proposed minimization procedures that differ from those contained in the original application or order, that may be necessitated by a change in the facility or place at which the electronic surveillance is directed; and

“(D) the total number of electronic surveillances that have been or are being conducted under the authority of the order.”.

 

(c) Enhanced Oversight.—

(1) Report to Congress.—Section 108(a)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1808(a)(1)) is amended by inserting “, and the Committee on the Judiciary of the Senate,” after “Senate Select Committee on Intelligence”.

(2) Modification of Semiannual Report Requirement on Activities under Foreign Intelligence Surveillance Act of 1978.—Paragraph (2) of section 108(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1808(a)) is amended to read as follows:

 

“(2) Each report under the first sentence of paragraph (1) shall include a description of—

“(A) the total number of applications made for orders and extensions of orders approving electronic surveillance under this title where the nature and location of each facility or place at which the electronic surveillance will be directed is unknown;

“(B) each criminal case in which information acquired under this Act has been authorized for use at trial during the period covered by such report; and

“(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.”.

 

Enhanced Congressional Oversight

 

Sec. 109.

(a) Emergency Physical Searches.—Section 306 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1826) is amended—

(1) in the first sentence, by inserting “, and the Committee on the Judiciary of the Senate,” after “the Senate”;

(2) in the second sentence, by striking “and the Committees on the Judiciary of the House of Representatives and the Senate” and inserting “and the Committee on the Judiciary of the House of Representatives”;

(3) in paragraph (2), by striking “and” at the end;

(4) in paragraph (3), by striking the period at the end and inserting  “; and”; and

(5) by adding at the end the following:

 

“(4) the total number of emergency physical searches authorized by the Attorney General under section 304(e) and the total number of subsequent orders approving or denying such physical searches.”.

 

(b) Emergency Pen Registers and Trap and Trace Devices.—Section 406(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. §1846(b)) is amended—

(1) in paragraph (1), by striking “and” at the end;

(2) in paragraph (2), by striking the period at the end and inserting  “; and”; and

(3) by adding at the end the following:

 

“(3) the total number of pen registers and trap and trace devices whose installation and use was authorized by the Attorney General on an emergency basis under section 403, and the total number of subsequent orders approving or denying the installation and use of such pen registers and trap and trace devices.”.

 

(c) Additional Report.—At the beginning and midpoint of each fiscal year, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate, a written report providing a description of internal affairs operations at U.S. Citizenship and Immigration Services, including the general state of such operations and a detailed description of investigations that are being conducted (or that were conducted during the previous six months) and the resources devoted to such investigations.  The first such report shall be submitted not later than April 1, 2006.

(d) 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:

 

“(f)(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 paragraph (1), and any modifications of such rules and procedures, shall be recorded, and shall be transmitted to the following:

“(A) All of the judges on the court established pursuant to subsection (a).

“(B) All of the judges on the court of review established 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 Intelligence of the House of Representatives.

“(3) The transmissions required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.”.

 

Judicial Review of National Security Letters

 

Sec. 115.

Chapter 223 of title 18, United States Code, is amended—

(1) by inserting at the end of the table of sections the following new item:

 

“3511. Judicial review of requests for information.”; and

 

(2) by inserting after section 3510 the following:

Ҥ3511. Judicial review of requests for information

“(a) The recipient of a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947 may, in the United States district court for the district in which that person or entity does business or resides, petition for an order modifying or setting aside the request.  The court may modify or set aside the request if compliance would be unreasonable, oppressive, or otherwise unlawful.

“(b)(1) The recipient of a request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, may petition any court described in subsection (a) for an order modifying or setting aside a nondisclosure requirement imposed in connection with such a request.

“(2) If the petition is filed within one year of the request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the court may modify or set aside such a nondisclosure requirement if it 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.  If, at the time of the petition, the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Department of Justice, the head or deputy head of such department, agency, or instrumentality, certifies that disclosure may endanger the national security of the United States or interfere with diplomatic relations, such certification shall be treated as conclusive unless the court finds that the certification was made in bad faith.

“(3) If the petition is filed one year or more after the request for records, a report, or other information under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, or in the case of a request by a department, agency, or instrumentality of the Federal Government other than the Federal Bureau of Investigation, the head or deputy head of such department, agency, or instrumentality, within ninety days of the filing of the petition, shall either terminate the nondisclosure requirement or re-certify that disclosure may result in a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person.  In the event of re-certification, the court may modify or set aside such a nondisclosure requirement if it 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.  If the recertification that disclosure may endanger the national security of the United States or interfere with diplomatic relations is made by the Attorney General, Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation, such certification shall be treated as conclusive unless the court finds that the recertification was made in bad faith.  If the court denies a petition for an order modifying or setting aside a nondisclosure requirement under this paragraph, the recipient shall be precluded for a period of one year from filing another petition to modify or set aside such nondisclosure requirement.

“(c) In the case of a failure to comply with a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the Attorney General may invoke the aid of any district court of the United States within the jurisdiction in which the investigation is carried on or the person or entity resides, carries on business, or may be found, to compel compliance with the request.  The court may issue an order requiring the person or entity to comply with the request.  Any failure to obey the order of the court may be punished by the court as contempt thereof.  Any process under this section may be served in any judicial district in which the person or entity may be found.

“(d) In all proceedings under this section, subject to any right to an open hearing in a contempt proceeding, the court must close any hearing to the extent necessary to prevent an unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947.  Petitions, filings, records, orders, and subpoenas must also be kept under seal to the extent and as long as necessary to prevent the unauthorized disclosure of a request for records, a report, or other information made to any person or entity under section 2709(b) of this title, section 626(a) or (b) or 627(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947.

“(e) In all proceedings under this section, 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.”.

 

Confidentiality of National Security Letters

 

Sec. 116.

(a) Section 2709(c) of title 18, United States Code, is amended to read:

 

“(c) Prohibition of Certain Disclosure.—

“(1) If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no wire or electronic communications service provider, or officer, employee, or agent thereof, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained access to information or records under this section.

“(2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

“(3) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such person of any applicable nondisclosure requirement.  Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1).

“(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, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance.”.

 

(b) Section 626(d) of the Fair Credit Reporting Act (15 U.S.C. §1681u(d)) is amended to read:

 

“(d) Confidentiality.—

“(1) If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c), and no consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information on a consumer report.

“(2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

“(3) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement.  Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1).

“(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, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance.”.

 

(c) Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. §1681v(c)) is amended to read:

 

“(c) Confidentiality.—

“(1) If the head of a government agency authorized to conduct investigations of intelligence or counterintelligence activities or analysis related to international terrorism, or his designee, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no consumer reporting agency or officer, employee, or agent of such consumer reporting agency, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request), or specify in any consumer report, that a government agency has sought or obtained access to information under subsection (a).

“(2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

“(3) Any recipient disclosing to those persons necessary to comply with the request or to any attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement.  Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1).

“(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 authorized Government agency the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform such requesting official that the person intends to consult an attorney to obtain legal advice or legal assistance.”.

 

(d) Section 1114(a)(3) of the Right to Financial Privacy Act (12 U.S.C. §3414(a)(3)) is amended to read as follows:

 

“(3)(A) If the Government authority described in paragraph (1) or the Secret Service, as the case may be, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no financial institution, or officer, employee, or agent of such institution, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Government authority or the Secret Service has sought or obtained access to a customer’s financial records.

“(B) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under subparagraph (A).

“(C) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement.  Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under subparagraph (A).

“(D) At the request of the authorized Government agency 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 agency or the Secret Service the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform such requesting official that the person intends to consult an attorney to obtain legal advice or legal assistance.”.

 

(e) Section 1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C. §3414(a)(5)(D)) is amended to read:

 

“(D) Prohibition of Certain Disclosure.—

“(i) If the Director of the Federal Bureau of Investigation, or his designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge in a Bureau field office designated by the Director, certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no financial institution, or officer, employee, or agent of such institution, shall disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that the Federal Bureau of Investigation has sought or obtained access to a customer’s or entity’s financial records under subparagraph (A).

“(ii) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under clause (i).

“(iii) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement.  Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under clause (i).

“(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, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance.”.

 

 (f) Section 802(b) of the National Security Act of 1947 (50 U.S.C. §436(b)) is amended to read as follows:

 

“(b) Prohibitions of Certain Disclosure.—

“(1) If an authorized investigative agency described in subsection (a) certifies that otherwise there may result a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person, no governmental or private entity, or officer, employee, or agent of such entity, may disclose to any person (other than those to whom such disclosure is necessary to comply with the request or an attorney to obtain legal advice or legal assistance with respect to the request) that such entity has received or satisfied a request made by an authorized investigative agency under this section.

“(2) The request shall notify the person or entity to whom the request is directed of the nondisclosure requirement under paragraph (1).

“(3) Any recipient disclosing to those persons necessary to comply with the request or to an attorney to obtain legal advice or legal assistance with respect to the request shall inform such persons of any applicable nondisclosure requirement.  Any person who receives a disclosure under this subsection shall be subject to the same prohibitions on disclosure under paragraph (1).

“(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 authorized investigative agency the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform such official that the person intends to consult an attorney to obtain legal advice or legal assistance.”.

 

Violations of Nondisclosure Provisions of National Security Letters

 

Sec. 117.

Section 1510 of title 18, United States Code, is amended by adding at the end the following:

 

“(e) Whoever, having been notified of the applicable disclosure prohibitions or confidentiality requirements of section 2709(c)(1) of this title, section 626(d)(1) or 627(c)(1) of the Fair Credit Reporting Act (15 U.S.C. §1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or 1114(a)(5)(D)(i) of the Right to Financial Privacy Act (12 U.S.C. §3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1) of the National Security Act of 1947 (50 U.S.C. §436(b)(1)), knowingly and with the intent to obstruct an investigation or judicial proceeding violates such prohibitions or requirements applicable by law to such person shall be imprisoned for not more than five years, fined under this title, or both.”.

 

Reports on National Security Letters

 

Sec. 118.

(a) Existing Reports.—Any report made to a committee of Congress regarding national security letters under section 2709(c)(1) of title 18, United States Code, section 626(d) or 627(c) of the Fair Credit Reporting Act (15 U.S.C. §1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C. §3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the National Security Act of 1947 (50 U.S.C. §436(b)) shall also be made to the Committees on the Judiciary of the House of Representatives and the Senate.

(b) Enhanced Oversight of Fair Credit Reporting Act Counterterrorism National Security Letter.—Section 627 of the Fair Credit Reporting Act (15 U.S.C. §1681(v)) is amended by inserting at the end the following new subsection:

 

“(f) Reports to Congress.—(1) On a semi-annual basis, the Attorney General shall fully inform the Committee on the Judiciary, the Committee on Financial Services, and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary, the Committee on Banking, Housing, and Urban Affairs, and the Select Committee on Intelligence of the Senate concerning all requests made pursuant to subsection (a).

“(2) In the case of the semiannual reports required to be submitted under paragraph (1) to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate, the submittal dates for such reports shall be as provided in section 507 of the National Security Act of 1947 (50 U.S.C. §415b).”.

 

(c) Report on Requests for National Security Letters.—

(1) In General.—In April of each year, the Attorney General shall submit to Congress an aggregate report setting forth with respect to the preceding year the total number of requests made by the Department of Justice for information concerning different United States persons under—

(A) section 2709 of title 18, United States Code (to access certain communication service provider records), excluding the number of requests for subscriber information;

(B) section 1114 of the Right to Financial Privacy Act (12 U.S.C. §3414) (to obtain financial institution customer records);

(C) section 802 of the National Security Act of 1947 (50 U.S.C. §436) (to obtain financial information, records, and consumer reports);

(D) section 626 of the Fair Credit Reporting Act (15 U.S.C. §1681u) (to obtain certain financial information and consumer reports); and

(E) section 627 of the Fair Credit Reporting Act (15 U.S.C. §1681v) (to obtain credit agency consumer records for counterterrorism investigations).

(2) Unclassified Form.—The report under this section shall be submitted in unclassified form.

(d) National Security Letter Defined.—In this section, the term “national security letter” means a request for information under one of the following provisions of law:

(1) Section 2709(a) of title 18, United States Code (to access certain communication service provider records).

(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act (12 U.S.C. §3414(a)(5)(A)) (to obtain financial institution customer records).

(3) Section 802 of the National Security Act of 1947 (50 U.S.C. §436) (to obtain financial information, records, and consumer reports).

(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. §1681u) (to obtain certain financial information and consumer reports).

(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. §1681v) (to obtain credit agency consumer records for counterterrorism investigations).

 

Audit of Use of National Security Letters

 

Sec. 119.

(a) Audit.—The Inspector General of the Department of Justice shall perform an audit of the effectiveness and use, including any improper or illegal use, of national security letters issued by the Department of Justice.

(b) Requirements.—The audit required under subsection (a) shall include—

(1) an examination of the use of national security letters by the Department of Justice during calendar years 2003 through 2006;

(2) a description of any noteworthy facts or circumstances relating to such use, including any improper or illegal use of such authority; and

(3) an examination of the effectiveness of national security letters as an investigative tool, including—

(A) the importance of the information acquired by the Department of Justice to the intelligence activities of the Department of Justice or to any other department or agency of the Federal Government;

(B) the manner in which such information is collected, retained, analyzed, and disseminated by the Department of Justice, including any direct access to such information (such as access to “raw data”) provided to any other department, agency, or instrumentality of Federal, State, local, or tribal governments or any private sector entity;

(C) whether, and how often, the Department of Justice utilized such information to produce an analytical intelligence product for distribution within the Department of Justice, to the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. §401a(4))), or to other Federal, State, local, or tribal government departments, agencies, or instrumentalities;

(D) whether, and how often, the Department of Justice provided such information to law enforcement authorities for use in criminal proceedings;

(E) with respect to national security letters issued following the date of the enactment of this Act, an examination of the number of occasions in which the Department of Justice, or an officer or employee of the Department of Justice, issued a national security letter without the certification necessary to require the recipient of such letter to comply with the nondisclosure and confidentiality requirements potentially applicable under law; and

(F) the types of electronic communications and transactional information obtained through requests for information under section 2709 of title 18, United States Code, including the types of dialing, routing, addressing, or signaling information obtained, and the procedures the Department of Justice uses if content information is obtained through the use of such authority.

(c) Submission Dates.—

(1) Prior Years.—Not later than one year after the date of the enactment of this Act, or upon completion of the audit under this section for calendar years 2003 and 2004, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this subsection for calendar years 2003 and 2004.

(2) Calendar Years 2005 and 2006.—Not later than December 31, 2007, or upon completion of the audit under this subsection for calendar years 2005 and 2006, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this subsection for calendar years 2005 and 2006.

(d) Prior Notice to Attorney General And Director of National Intelligence; Comments.—

(1) Notice.—Not less than 30 days before the submission of a report under subsection (c)(1) or (c)(2), the Inspector General of the Department of Justice shall provide such report to the Attorney General and the Director of National Intelligence.

(2) Comments.—The Attorney General or the Director of National Intelligence may provide comments to be included in the reports submitted under subsection (c)(1) or (c)(2) as the Attorney General or the Director of National Intelligence may consider necessary.

(e) Unclassified Form.—The reports submitted under subsection (c)(1) or  (c)(2) and any comments included under subsection (d)(2) shall be in unclassified form, but may include a classified annex.

(f) Minimization Procedures Feasibility.—Not later than February 1, 2007, or upon completion of review of the report submitted under subsection (c)(1), whichever is earlier, the Attorney General and the Director of National Intelligence shall jointly submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report on the feasibility of applying minimization procedures in the context of national security letters to ensure the protection of the constitutional rights of United States persons.

(g) National Security Letter Defined.—In this section, the term “national security letter” means a request for information under one of the following provisions of law:

(1) Section 2709(a) of title 18, United States Code (to access certain communication service provider records).

(2) Section 1114(a)(5)(A) of the Right to Financial Privacy Act (12 U.S.C. §3414(a)(5)(A)) (to obtain financial institution customer records).

(3) Section 802 of the National Security Act of 1947 (50 U.S.C. §436) (to obtain financial information, records, and consumer reports).

(4) Section 626 of the Fair Credit Reporting Act (15 U.S.C. §1681u) (to obtain certain financial information and consumer reports).

(5) Section 627 of the Fair Credit Reporting Act (15 U.S.C. §1681v) (to obtain credit agency consumer records for counterterrorism investigations).

 

USA PATRIOT Act Section 214; Authority for Disclosure of Additional Information in Connection with Orders for Pen Register and Trap and Trace Authority Under FISA

 

Sec. 128.

(a) Records.—Section 402(d)(2) of the Foreign Intelligence 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;

(2) in subparagraph (B)(iii), by striking the period 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 Federal officer using the pen register or trap and trace device covered by the order—

“(i) in the case of the customer or subscriber using the service covered by the order (for the period specified by the order)—

“(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 subscriber, including any temporarily assigned network address or associated routing or transmission information;

“(IV) the length of the provision of service by such provider to the customer 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, including the number of any credit card or bank account utilized for payment for such service; and

“(ii) if available, with respect to any customer or subscriber of incoming or outgoing 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 subscriber, including any temporarily assigned network address or associated routing or transmission information; and

“(IV) the length of the provision of service by such provider to such customer 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 the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate,” after “of the Senate”.

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