HR 3199 EAS
In the Senate of the United States,
July 29, 2005.
Resolved, That the bill from the House of
Representatives (H.R. 3199) entitled `An Act to extend and modify
authorities needed to combat terrorism, and for other purposes.', do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(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 of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Patriot section 206; additional requirements for multipoint electronic surveillance under FISA.
Sec. 3. Patriot section 207; duration of FISA surveillance of non-United States persons.
Sec. 4. Patriot section 212; enhanced oversight of good-faith emergency disclosures.
Sec. 5. Patriot section 213; limitations on delayed notice search warrants.
Sec. 6. Patriot section 214; authority for
disclosure of additional information in connection with orders for pen
register and trap and trace authority under FISA.
Sec. 7. Patriot section 215; procedural protections
for court orders to produce records and other items in intelligence
investigations.
Sec. 8. Patriot section 505; procedural protections for national security letters.
Sec. 9. Sunset provisions.
Sec. 10. Enhancement of sunshine provisions.
SEC. 2. PATRIOT SECTION 206; ADDITIONAL REQUIREMENTS FOR MULTIPOINT ELECTRONIC SURVEILLANCE UNDER FISA.
(a) Particularity Requirement- Section 105(c)(1)(A) of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1805(c)(1)(A)) is amended by inserting before the semicolon at the end
the following: `, and if the nature and location of each of the
facilities or places at which the surveillance will be directed is not
known, and if the identity of the target is not known, the order shall
include sufficient information to describe a specific target with
particularity'.
(b) Additional Directions- Section 105(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is
amended--
(1) by striking `An order approving an electronic surveillance under this section shall--';
(2) in paragraph (1), by inserting before `specify'
the following: `SPECIFICATIONS- An order approving an electronic
surveillance under this section shall';
(3) in paragraph (1)(F), by striking `; and' and inserting a period;
(4) in paragraph (2), by inserting before `direct'
the following: `DIRECTIONS- An order approving an electronic
surveillance under this section shall'; and
(5) by adding at the end the following:
`(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 10 days
after the date on which surveillance begins to be directed at any new
facility or place of--
`(A) the nature and location of each 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 facility or
place at which the electronic surveillance is directed is being used,
or is about to be used, by the target of the surveillance; and
`(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.'.
(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 House
of Representatives 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 not known; and
`(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.'.
SEC. 3. PATRIOT SECTION 207; DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS.
(a) Electronic Surveillance Orders- Section 105(e) of
the Foreign Intelligence Surveillance Act (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 paragraph (2)(B), by striking `as defined in section 101(b)(1)(A)' and inserting `who is not a United States person'.
(b) Physical Search Orders- Section 304(d) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1824(d)) is amended--
(1) in paragraph (1)(B), striking `as defined in section 101(b)(1)(A)' and inserting `who is not a United States person'; and
(2) in paragraph (2), striking `as defined in section 101(b)(1)(A)' and inserting `who is not a United States person'.
(c) Pen Registers- Section 402(e) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1842(e)) is amended by--
(1) inserting after `90 days' the first place it
appears the following: `, except that in cases where the applicant has
certified that the information likely to be obtained is foreign
intelligence information not concerning a United States person, an
order issued under this section may be for a period not to exceed 1
year'; and
(2) inserting after `90 days' the second place it
appears the following: `, except that in cases where the applicant has
certified that the information likely to be obtained is foreign
intelligence information not concerning a United States person, an
extension of an order issued under this section may be for a period not
to exceed 1 year'.
SEC. 4. PATRIOT SECTION 212; ENHANCED OVERSIGHT OF GOOD-FAITH EMERGENCY DISCLOSURES.
(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 subsection (c)(4) 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 the information.'.
(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.'.
SEC. 5. PATRIOT SECTION 213; LIMITATIONS ON DELAYED NOTICE SEARCH WARRANTS.
(a) Grounds for Delay- Section 3103a(b)(1) of title 18,
United States Code, is amended by striking `may have an adverse result
(as defined in section 2705);' and inserting `may--
`(A) endanger the life or physical safety of an individual;
`(B) result in flight from prosecution;
`(C) result in the destruction of or tampering with evidence;
`(D) result in intimidation of potential witnesses; or
`(E) otherwise seriously jeopardize an investigation;'.
(b) Limitation on Reasonable Period for Delay- Section 3103a of title 18, United States Code, is amended--
(1) by striking subsection (b)(3) and inserting the following:
`(3) the warrant provides for the giving of such
notice not later than 7 days after the date of its execution, or on a
later date certain if the facts of the case justify a longer period of
delay.'; and
(2) by adding at the end the following:
`(c) Extensions of Delay- Any period of delay
authorized by this section may be extended by the court for good cause
shown, subject to the condition that extensions should only be granted
upon an updated showing of the need for further delay and that each
additional delay should be limited to periods of 90 days or less,
unless the facts of the case justify a longer period of delay.'.
(c) Enhanced Oversight- Section 3103a of title 18, United States Code, is amended by adding at the end the following:
`(1) REPORT BY JUDGE- Not later than 30 days after
the expiration of a warrant authorizing delayed notice (including any
extension thereof) entered under this section, or the denial of such
warrant (or request for extension), the issuing or denying judge shall
report to the Administrative Office of the United States Courts--
`(A) the fact that a warrant was applied for;
`(B) the fact that the warrant or any extension thereof was granted as applied for, was modified, or was denied;
`(C) the period of delay in the giving of notice authorized by the warrant, and the number and duration of any extensions; and
`(D) the offense specified in the warrant or application.
`(2) REPORT BY ADMINISTRATIVE OFFICE OF THE UNITED
STATES COURTS- In April of each year, the Director of the
Administrative Office of the United States Courts shall transmit to
Congress a full and complete report--
`(A) concerning the number of applications for
warrants and extensions of warrants authorizing delayed notice pursuant
to this section, and the number of warrants and extensions granted or
denied pursuant to this section during the preceding calendar year; and
`(B) that includes a summary and analysis of the data required to be filed with the Administrative Office by paragraph (1).
`(3) REGULATIONS- The Director of the
Administrative Office of the United States Courts, in consultation with
the Attorney General, is authorized to issue binding regulations
dealing with the content and form of the reports required to be filed
under paragraph (1).'.
SEC. 6. PATRIOT SECTION 214; AUTHORITY FOR DISCLOSURE OF
ADDITIONAL INFORMATION IN CONNECTION WITH ORDERS FOR PEN REGISTER AND
TRAP AND TRACE AUTHORITY UNDER FISA.
(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; and
(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'.
SEC. 7. PATRIOT SECTION 215; PROCEDURAL PROTECTIONS FOR
COURT ORDERS TO PRODUCE RECORDS AND OTHER ITEMS IN INTELLIGENCE
INVESTIGATIONS.
(a) Factual Basis for Requested Order-
(1) APPLICATION- Section 501(b)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is amended
to read as follows:
`(2) shall include a statement of facts showing
that there are reasonable grounds to believe that the records or other
things sought--
`(A) are relevant to an authorized
investigation 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; and
`(B)(i) pertain to a foreign power or an agent of a foreign power;
`(ii) are relevant to the activities of a
suspected agent of a foreign power who is the subject of such
authorized investigation; or
`(iii) pertain to an individual in contact with, or known to, a suspected agent of a foreign power.'.
(2) ORDER- Section 501(c)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(c)(1)) is amended
to read as follows:
`(c)(1) Upon an application made pursuant to this
section, the judge shall enter an ex parte order as requested, or as
modified, approving the release of records or tangible things if the
judge finds that--
`(A) the statement of facts contained in the
application establishes reasonable grounds to believe that the records
or other things sought are relevant to an authorized investigation
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;
`(B) the statement of facts contained in the
application establishes reasonable grounds to believe that the records
or other things sought--
`(i) pertain to a foreign power or an agent of a foreign power;
`(ii) are relevant to the activities of a
suspected agent of a foreign power who is the subject of such
authorized investigation; or
`(iii) pertain to an individual in contact with, or known to, a suspected agent of a foreign power; and
`(C) the application meets the other requirements of this section.'.
(b) Additional Protections- Section 501(c) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(c)) is
amended--
(1) in paragraph (2), by inserting after `An order under this subsection' the following:
`(A) shall describe the tangible things concerned with sufficient particularity to permit them to be fairly identified;
`(B) shall prescribe a return date which will
provide 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 set forth in subsection (d);
`(D) shall not require the production of
anything that would be protected from production under the standards
applicable to a subpoena duces tecum issued by a court of the United
States in aid of a grand jury investigation; and
(c) Director Approval for Certain Applications- Section
501(a) 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 `Except as provided in paragraph (3), the Director'; and
(2) by adding at the end the following:
`(3) No application shall be made under this
section for an order requiring the production of library circulation
records, library patron lists, book sales records, book customer lists,
firearms sales records, or medical records containing personally
identifiable information without the prior written approval of the
Director of the Federal Bureau of Investigation. The Director may
delegate authority to approve such an application to the Deputy
Director of the Federal Bureau of Investigation, but such authority may
not be further delegated.'.
(d) Prohibition on Disclosure- Section 501(d) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) 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 such 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) Any person having received a disclosure under
subparagraph (A), (B), or (C) of paragraph (1) shall be subject to the
prohibitions on disclosure under that paragraph.
`(B) Any person making a further disclosure authorized
by subparagraph (A), (B), or (C) of paragraph (1) shall notify the
person to whom the disclosure is made of the prohibitions on disclosure
under this subsection.
`(3) An order under this section shall notify, in
writing, the person to whom the order is directed of the nondisclosure
requirements under this subsection.'.
(e) Judicial Review- Section 501 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by
adding at the end the following:
`(f)(1)(A) Any person receiving an order to produce any
tangible thing under this section may challenge the legality of that
order, including any prohibition on disclosure, by filing a petition in
the court established under section 103(a).
`(B) That petition may be considered by any judge of the court.
`(C) The judge considering the petition may modify or
set aside the order if the judge finds that the order does not meet the
requirements of this section or is otherwise unlawful.
`(D) Any petition for review of a decision to affirm,
modify, or set aside an order or prohibition on disclosure under this
paragraph by the United States or any person receiving such order shall
be sent to the court of review established under section 103(b), which
shall have jurisdiction to consider such petitions.
`(E) The court of review shall immediately 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 a
writ of certiorari, the record shall be transmitted under seal to the
Supreme Court, which shall have jurisdiction to review such decision.
`(2)(A) Judicial proceedings under this subsection shall be concluded as expeditiously as possible.
`(B) The record of proceedings, including applications
made and orders granted, 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.
`(3) All petitions under this subsection shall be filed
under seal, and the court, upon the request of the Government, shall
review any Government submission, which may include classified
information, as well as the application of the Government and related
materials, ex parte and in camera.
`(4) Not later than 60 days after the date of enactment
of the USA PATRIOT Improvement and Reauthorization Act of 2005, the
court established under section 103(a) shall develop and issue
procedures for the review of petitions filed under paragraph (1).'.
(f) Enhanced Oversight- Section 502 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended
(1) in subsection (a), 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'; and
(A) by striking `On a semiannual basis' through
`the preceding 6-month period' and inserting `In April of each year,
the Attorney General shall transmit to the Congress 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:
`(3) the total number of applications made for
orders approving requests for the production of tangible things under
section 501, and the total number of orders either granted, modified,
or denied, when the application or order involved any of the following:
`(A) The production of tangible things from a
library, as defined in section 213(2) of the Library Services and
Technology Act (20 U.S.C. 9122(2)).
`(B) The production of tangible things from a
person or entity primarily engaged in the sale, rental, or delivery of
books, journals, magazines, or other similar forms of communication
whether in print or digitally.
`(C) The production of records related to the
purchase of a firearm, as defined in section 921(a)(3) of title 18,
United States Code.
`(D) The production of health information, as defined in section 1171(4) of the Social Security Act (42 U.S.C. 1320d(4)).
`(E) The production of taxpayer return
information, return, or return information, as defined in section
6103(b) of the Internal Revenue Code of 1986 (26 U.S.C. 6103(b)).
`(c) Each report under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
`(d) In April of each year, the Attorney General shall
transmit to the Administrative Office of the United States Courts and
to Congress a report setting forth with respect to the preceding
calendar year--
`(1) the total number of applications made for
orders approving requests for the production of tangible things under
section 501; and
`(2) the total number of such orders either granted, modified, or denied.'.
SEC. 8. PATRIOT SECTION 505; PROCEDURAL PROTECTIONS FOR NATIONAL SECURITY LETTERS.
(a) In General- Section 2709(a) of title 18, United States Code, is amended--
(1) by striking `A wire or electronic communication service provider' and inserting the following:
`(1) IN GENERAL- A wire or electronic communication service provider'; and
(2) by adding at the end the following:
`(2) JUDICIAL REVIEW- A wire or electronic
communication service provider who receives a request under subsection
(b) may, at any time, seek a court order from an appropriate United
States district court to modify or set aside the request. Any such
motion shall state the grounds for challenging the request with
particularity. The court may modify or set aside the request if
compliance would be unreasonable or oppressive or would violate any
constitutional or other legal right or privilege of the petitioner.'.
(b) Nondisclosure- Section 2709(c) of title 18, United States Code, is amended--
(1) by striking `No wire or electronic communication service provider' and inserting the following:
`(1) IN GENERAL- No wire or electronic communication service provider'; and
(2) by adding at the end the following:
`(3) JUDICIAL REVIEW- A wire or electronic
communication service provider who receives a request under subsection
(b) may, at any time, seek a court order from an appropriate United
States district court challenging the nondisclosure requirement under
paragraph (1). Any such motion shall state the grounds for challenging
the nondisclosure requirement with particularity.
`(4) STANDARD OF REVIEW- The court may modify or
set aside such a nondisclosure requirement if there is no reason to
believe that disclosure may 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. In reviewing a
nondisclosure requirement, the certification by the Government that the
disclosure may endanger the national security of the United States or
interfere with diplomatic relations shall be treated as conclusive
unless the court finds that the certification was made in bad faith.'.
(c) Enforcement of National Security Letters- Section
2709(a) of title 18, United States Code, as amended by subsection (b),
is amended by adding at the end the following:
`(3) ENFORCEMENT OF REQUESTS- The Attorney General
may seek enforcement of a request under subsection (b) in an
appropriate United States district court if a recipient refuses to
comply with the request.'.
(d) Disclosure of Information-
(1) SECURE PROCEEDINGS- Section 2709 of title 18, United States Code, as amended by subsections (b) and (c), is amended--
(A) in subsection (a), by adding at the end the following:
`(4) SECURE PROCEEDINGS- The disclosure of
information in any proceedings under this subsection may be limited
consistent with the requirements of the Classified Information
Procedures Act (18 U.S.C. App)'; and
(B) in subsection (c), by adding at the end the following:
`(4) SECURE PROCEEDINGS- The disclosure of
information in any proceedings under this subsection may be limited
consistent with the requirements of the Classified Information
Procedures Act (18 U.S.C. App).'.
(2) DISCLOSURE TO NECESSARY PERSONS- Section
2709(c)(1) of title 18, United States Code, as amended by subsection
(b), is amended--
(A) by inserting after `any person' the
following: `, except for disclosure to an attorney to obtain legal
advice regarding the request or to persons to whom disclosure is
necessary in order to comply with the request,'; and
(B) by adding at the end the following: `Any
attorney or person whose assistance is necessary to comply with the
request who is notified of the request also shall not disclose to any
person that the Federal Bureau of Investigation has sought or obtained
access to information or records under this section.'.
SEC. 9. SUNSET PROVISIONS.
(a) Modification of PATRIOT Act Sunset Provision-
Section 224(a) of the USA PATRIOT Act (18 U.S.C. 2510 note) is amended
to read as follows:
`(a) In General- Except as provided in subsection (b),
sections 206 and 215, and the amendments made by those sections, shall
cease to have effect on December 31, 2009, and any provision of law
amended or modified by such sections shall take effect on January 1,
2010, as in effect on the day before the effective date of this Act.'.
(b) Extension of Sunset on `Lone Wolf' Provision-
Subsection (b) of section 6001 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 1801 note) is amended to read as
follows:
`(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) SPECIAL RULE- With respect to any particular
foreign intelligence investigation that began before the date on which
the amendment made by subsection (a) ceases to have effect, section
101(b)(1) of the Foreign Intelligence Surveillance Act of 1978, as
amended by subsection (a), shall continue in effect.'.
(c) Repeal of Sunset Provision Relating to 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).
(d) Technical Amendment- Section 1(a) of the Uniting
and Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 is
amended to read as follows:
`(a) Short Title- This Act may be cited as the `Uniting
and Strengthening America by Providing Appropriate tools Required to
Intercept and Obstruct Terrorism Act of 2001' or the `USA PATRIOT
Act'.'.
SEC. 10. ENHANCEMENT OF SUNSHINE PROVISIONS.
(a) Rules and Procedures for FISA Courts- Section 103
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803)
is amended by adding at the end the following:
`(e)(1) The courts established pursuant to subsections
(a) and (b) may establish such rules and procedures, and take such
actions, as are reasonably necessary to administer their
responsibilities under this Act.
`(2) The rules and procedures established under
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.'.
(b) Enhanced Congressional Oversight of FISA Emergency Authorities-
(1) EMERGENCY ELECTRONIC SURVEILLANCE- Section 107
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1807),
is amended--
(A) in paragraph (a), by striking `and' at the end;
(B) in paragraph (b), by striking the period at the end and inserting `; and'; and
(C) by adding at the end the following:
`(c) the total number of emergency employments of
electronic surveillance under section 105(f) and the total number of
subsequent orders approving or denying such electronic surveillance.'.
(2) EMERGENCY PHYSICAL SEARCHES- Section 306 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1826) is
amended--
(A) in the first sentence, by inserting ,` and
the Committee on the Judiciary of the House of Representatives and the
Committee on the Judiciary of the Senate,' after `the Senate';
(B) in the second sentence, by striking `and the Committees on the Judiciary of the House of Representatives and the Senate';
(C) in paragraph (2), by striking `and' at the end;
(D) in paragraph (3), by striking the period at the end and inserting `; and'; and
(E) by adding at the end the following:
`(4) the total number of emergency physical
searches authorized by the Attorney General under section 304(e) (50
U.S.C. 1824(e)), and the total number of subsequent orders approving or
denying such physical searches.'.
(3) 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--
(A) in paragraph (1), by striking `and' at the end;
(B) in paragraph (2), by striking the period at the end and inserting `; and'; and
(C) by adding at the end the following:
`(3) the total number of pen registers and trap and
trace devices whose installation and use was 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.'.
Attest:
Secretary.
109th CONGRESS
1st Session
H. R. 3199
AMENDMENT
END