Public Law 109-177/Title I

TITLE I — USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT

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

(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'.'.

Sec. 102. USA PATRIOT Act sunset provisions.

(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Section 224 of the USA PATRIOT Act is repealed.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.

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

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 December 31, 2009.

`(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.'.

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

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).

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

(a) Electronic Survelliance.—

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.'.

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

(a) Director Approval for Certain Applications.—

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) Prohibition 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.'.