[Congressional Record Volume 151, Number 107 (Thursday, September 1, 2005)]
[Senate]
[Pages S9599-S9605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    USA PATRIOT AND TERRORISM PREVENTION REAUTHORIZATION ACT OF 2005

  On Friday, July 29, 2005, the Senate passed H.R. 3199, as amended, as 
follows:

                                S. 1389

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

     [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 203; notice to court of disclosure of foreign 
              intelligence information.
[Sec. 3. Patriot section 206; additional requirements for multipoint 
              electronic surveillance under FISA.
[Sec. 4. Patriot section 207; duration of FISA surveillance of non-
              United States persons.
[Sec. 5. Patriot section 212; enhanced oversight of good-faith 
              emergency disclosures.
[Sec. 6. Patriot section 213; limitations on delayed notice search 
              warrants.
[Sec. 7. Patriot section 214; factual basis for pen register and trap 
              and trace authority under FISA.
[Sec. 8. Patriot section 215; procedural protections for court orders 
              to produce records and other items in intelligence 
              investigations.
[Sec. 9. Patriot section 505; procedural protections for national 
              security letters.
[Sec. 10. Sunset provisions.
[Sec. 11. Enhancement of sunshine provisions.

     [SEC. 2. PATRIOT SECTION 203; NOTICE TO COURT OF DISCLOSURE 
                   OF FOREIGN INTELLIGENCE INFORMATION.

       [Section 2517 of title 18, United States Code, is amended 
     by adding at the end the following:
       [``(9) Within a reasonable time after disclosure is made, 
     pursuant to paragraph (6), (7), or (8), of the contents of 
     any wire, oral, or electronic communication, an attorney for 
     the Government must file, under seal, a notice with the judge 
     that issued the order authorizing or approving the 
     interception of such wire, oral, or electronic communication, 
     stating that such contents or evidence was disclosed and the 
     departments, agencies, or entities to which the disclosure 
     was made.''.

     [SEC. 3. 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.''.
       [(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 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.''.

[[Page S9600]]

     [SEC. 4. 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) by 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. 5. 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)--
       [(i) by striking ``Federal, State, or local''; and
       [(ii) by inserting ``immediate'' before ``danger''; 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 immediate 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. 6. 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(b)(3) of title 18, United States Code, is amended by--
       [(1) inserting ``on a date certain that is'' before 
     ``within a reasonable period of its execution''; and
       [(2) after ``good cause shown'' inserting ``, 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:
       [``(c) Reports.--
       [``(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. 7. PATRIOT SECTION 214; FACTUAL BASIS FOR PEN REGISTER 
                   AND TRAP AND TRACE AUTHORITY UNDER FISA.

       [(a) Factual Basis for Pen Registers and Trap and Trace 
     Devices Under FISA.--
       [(1) Application.--Section 402(c)(2) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)(2)) 
     is amended by striking ``a certification by the applicant 
     that'' and inserting ``a statement of the facts relied upon 
     by the applicant to justify the applicant's belief that''.
       [(2) Order.--Section 402(d)(1) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1842(d)(1)) is amended by 
     striking ``if the judge finds that'' and all that follows and 
     inserting ``if the judge finds that the application includes 
     sufficient facts to justify the belief that the information 
     likely to be obtained is foreign intelligence information not 
     concerning a United States person or is relevant to an 
     ongoing investigation to protect against international 
     terrorism or clandestine intelligence activities and 
     otherwise satisfies the requirements of this section.''.
       [(b) 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.''.

       [(c) Enhanced Oversight.--Section 406 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1846) 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

[[Page S9601]]

       [(2) in subsection (b), 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 Administrative Office of the United 
     States Courts and to Congress a report setting forth with 
     respect to the preceding calendar year''.

     [SEC. 8. 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 by striking ``shall specify that the records 
     concerned are sought for'' and inserting ``shall include a 
     statement of facts showing that there are reasonable grounds 
     to believe that the records or other things sought are 
     relevant to''.
       [(2) Order.--Section 501(c)(1) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861(c)(1)) is amended by 
     striking ``if the judge finds that'' and all that follows and 
     inserting ``if the judge finds that 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, and 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 subsections (d) and 
     (f); and
       [``(D)''.
       [(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 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 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.''.
       [(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
       [(2) in subsection (b)--
       [(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. 9. 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.''.
       [(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:
       [``(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 challenging the nondisclosure 
     requirement under paragraph (1). Any such motion shall state 
     the grounds for challenging the nondisclosure requirement 
     with particularity.
       [``(3) 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

[[Page S9602]]

     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. 10. 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:
       [``(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) 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. 11. 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)), as amended by section 7, 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.''.]

     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;

[[Page S9603]]

       ``(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.''.
       (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 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:
       ``(c) Reports.--
       ``(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

[[Page S9604]]

     (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
       ``(E)''.
       (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
       (2) in subsection (b)--
       (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--

[[Page S9605]]

       (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:
       ``(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) 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.''.

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