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USA PATRIOT Act Improvement and Reauthorization Act of 2005 PDF

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H.R.3199 One Hundred Ninth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and six An Act To extend and modify authorities needed to combat terrorism, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT Sec. 101. References to, and modification of short title for, USA PATRIOT Act. Sec. 102. USA PATRIOT Act sunset provisions. Sec. 103. Extension of sunset relating to individual terrorists as agents of foreign powers. Sec. 104. Section 2332b and the material support sections of title 18, United States Code. Sec. 105. Duration of FISA surveillance of non-United States persons under section 207 of the USA PATRIOT Act. Sec. 106. Access to certain business records under section 215 of the USA PA- TRIOT Act. Sec. 106A. Audit on access to certain business records for foreign intelligence pur- poses. Sec. 107. Enhanced oversight of good-faith emergency disclosures under section 212 of the USA PATRIOT Act. Sec. 108. Multipoint electronic surveillance under section 206 of the USA PATRIOT Act. Sec. 109. Enhanced congressional oversight. Sec. 110. Attacks against railroad carriers and mass transportation systems. Sec. 111. Forfeiture. Sec. 112. Section 2332b(g)(5)(B) amendments relating to the definition of Federal crime of terrorism. Sec. 113. Amendments to section 2516(1) of title 18, United States Code. Sec. 114. Delayed notice search warrants. Sec. 115. Judicial review of national security letters. Sec. 116. Confidentiality of national security letters. Sec. 117. Violations of nondisclosure provisions of national security letters. Sec. 118. Reports on national security letters. Sec. 119. Audit of use of national security letters. Sec. 120. Definition for forfeiture provisions under section 806 of the USA PA- TRIOT Act. Sec. 121. Penal provisions regarding trafficking in contraband cigarettes or smoke- less tobacco. Sec. 122. Prohibition of narco-terrorism. Sec. 123. Interfering with the operation of an aircraft. Sec. 124. Sense of Congress relating to lawful political activity. Sec. 125. Removal of civil liability barriers that discourage the donation of fire equipment to volunteer fire companies. Sec. 126. Report on data-mining activities. Sec. 127. Sense of Congress. Sec. 128. USA PATRIOT Act section 214; authority for disclosure of additional in- formation in connection with orders for pen register and trap and trace authority under FISA. H.R.3199—2 TITLE II—TERRORIST DEATH PENALTY ENHANCEMENT Sec. 201. Short title. Subtitle A—Terrorist penalties enhancement Act Sec. 211. Death penalty procedures for certain air piracy cases occurring before en- actment of the Federal Death Penalty Act of 1994. Sec. 212. Postrelease supervision of terrorists. Subtitle B—Federal Death Penalty Procedures Sec. 221. Elimination of procedures applicable only to certain Controlled Sub- stances Act cases. Sec. 222. Counsel for financially unable defendants. TITLE III—REDUCING CRIME AND TERRORISM AT AMERICA’S SEAPORTS Sec. 301. Short title. Sec. 302. Entry by false pretenses to any seaport. Sec. 303. Criminal sanctions for failure to heave to, obstruction of boarding, or pro- viding false information. Sec. 304. Criminal sanctions for violence against maritime navigation, placement of destructive devices. Sec. 305. Transportation of dangerous materials and terrorists. Sec. 306. Destruction of, or interference with, vessels or maritime facilities. Sec. 307. Theft of interstate or foreign shipments or vessels. Sec. 308. Stowaways on vessels or aircraft. Sec. 309. Bribery affecting port security. Sec. 310. Penalties for smuggling goods into the United States. Sec. 311. Smuggling goods from the United States. TITLE IV—COMBATING TERRORISM FINANCING Sec. 401. Short title. Sec. 402. Increased penalties for terrorism financing. Sec. 403. Terrorism-related specified activities for money laundering. Sec. 404. Assets of persons committing terrorist acts against foreign countries or international organizations. Sec. 405. Money laundering through hawalas. Sec. 406. Technical and conforming amendments relating to the USA PATRIOT Act. Sec. 407. Cross reference correction. Sec. 408. Amendment to amendatory language. Sec. 409. Designation of additional money laundering predicate. Sec. 410. Uniform procedures for criminal forfeiture. TITLE V—MISCELLANEOUS PROVISIONS Sec. 501. Residence of United States attorneys and assistant United States attor- neys. Sec. 502. Interim appointment of United States Attorneys. Sec. 503. Secretary of Homeland Security in Presidential line of succession. Sec. 504. Bureau of Alcohol, Tobacco and Firearms to the Department of Justice. Sec. 505. Qualifications of United States Marshals. Sec. 506. Department of Justice intelligence matters. Sec. 507. Review by Attorney General. TITLE VI—SECRET SERVICE Sec. 601. Short title. Sec. 602. Interference with national special security events. Sec. 603. False credentials to national special security events. Sec. 604. Forensic and investigative support of missing and exploited children cases. Sec. 605. The Uniformed Division, United States Secret Service. Sec. 606. Savings provisions. Sec. 607. Maintenance as distinct entity. Sec. 608. Exemptions from the Federal Advisory Committee Act. TITLE VII—COMBAT METHAMPHETAMINE EPIDEMIC ACT OF 2005 Sec. 701. Short title. Subtitle A—Domestic regulation of precursor chemicals Sec. 711. Scheduled listed chemical products; restrictions on sales quantity, behind- the-counter access, and other safeguards. H.R.3199—3 Sec. 712. Regulated transactions. Sec. 713. Authority to establish production quotas. Sec. 714. Penalties; authority for manufacturing; quota. Sec. 715. Restrictions on importation; authority to permit imports for medical, sci- entific, or other legitimate purposes. Sec. 716. Notice of importation or exportation; approval of sale or transfer by im- porter or exporter. Sec. 717. Enforcement of restrictions on importation and of requirement of notice of transfer. Sec. 718. Coordination with United States Trade Representative. Subtitle B—International regulation of precursor chemicals Sec. 721. Information on foreign chain of distribution; import restrictions regarding failure of distributors to cooperate. Sec. 722. Requirements relating to the largest exporting and importing countries of certain precursor chemicals. Sec. 723. Prevention of smuggling of methamphetamine into the United States from Mexico. Subtitle C—Enhanced criminal penalties for methamphetamine production and trafficking Sec. 731. Smuggling methamphetamine or methamphetamine precursor chemicals into the United States while using facilitated entry programs. Sec. 732. Manufacturing controlled substances on Federal property. Sec. 733. Increased punishment for methamphetamine kingpins. Sec. 734. New child-protection criminal enhancement. Sec. 735. Amendments to certain sentencing court reporting requirements. Sec. 736. Semiannual reports to Congress. Subtitle D—Enhanced environmental regulation of methamphetamine byproducts Sec. 741. Biennial report to Congress on agency designations of by-products of methamphetamine laboratories as hazardous materials. Sec. 742. Methamphetamine production report. Sec. 743. Cleanup costs. Subtitle E—Additional programs and activities Sec. 751. Improvements to Department of Justice drug court grant program. Sec. 752. Drug courts funding. Sec. 753. Feasibility study on Federal drug courts. Sec. 754. Grants to hot spot areas to reduce availability of methamphetamine. Sec. 755. Grants for programs for drug-endangered children. Sec. 756. Authority to award competitive grants to address methamphetamine use by pregnant and parenting women offenders. TITLE I—USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT SEC. 101. REFERENCES TO, AND MODIFICATION OF SHORT TITLE FOR, USA PATRIOT ACT. (a) REFERENCES TO USA PATRIOT ACT.—A reference in this Act to the USA PATRIOT Act shall be deemed a reference to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act) of 2001. (b) MODIFICATION OF SHORT TITLE OF USA PATRIOT ACT.— Section 1(a) of the USA PATRIOT Act is amended to read as follows: ‘‘(a) SHORT TITLE.—This Act may be cited as the ‘Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001’ or the ‘USA PATRIOT Act’.’’. SEC. 102. USA PATRIOT ACT SUNSET PROVISIONS. (a) IN GENERAL.—Section 224 of the USA PATRIOT Act is repealed. H.R.3199—4 (b) SECTIONS206 AND215 SUNSET.— (1) IN GENERAL.—Effective December 31, 2009, the Foreign Intelligence Surveillance Act of 1978 is amended so that sec- tions 501, 502, and 105(c)(2) read as they read on October 25, 2001. (2) EXCEPTION.—With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which such provisions cease to have effect, such provisions shall continue in effect. SEC. 103. EXTENSION OF SUNSET RELATING TO INDIVIDUAL TERROR- ISTS AS AGENTS OF FOREIGN POWERS. Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3742) is amended to read as follows: ‘‘(b) SUNSET.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the amendment made by subsection (a) shall cease to have effect on December 31, 2009. ‘‘(2) EXCEPTION.—With respect to any particular foreign intelligence investigation that began before the date on which the provisions referred to in paragraph (1) cease to have effect, or with respect to any particular offense or potential offense that began or occurred before the date on which the provisions cease to have effect, such provisions shall continue in effect.’’. SEC. 104. SECTION 2332b AND THE MATERIAL SUPPORT SECTIONS OF TITLE 18, UNITED STATES CODE. Section 6603 of the Intelligence Reform and Terrorism Preven- tion Act of 2004 (Public Law 108–458; 118 Stat. 3762) is amended by striking subsection (g). SEC. 105. DURATION OF FISA SURVEILLANCE OF NON-UNITED STATES PERSONS UNDER SECTION 207 OF THE USA PATRIOT ACT. (a) ELECTRONIC SURVEILLANCE.—Section 105(e) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(e)) is amended— (1) in paragraph (1)(B), by striking ‘‘, as defined in section 101(b)(1)(A)’’ and inserting ‘‘who is not a United States person’’; and (2) in subsection (2)(B), by striking ‘‘as defined in section 101(b)(1)(A)’’ and inserting ‘‘who is not a United States person’’. (b) PHYSICAL SEARCH.—Section 304(d) of such Act (50 U.S.C. 1824(d)) is amended— (1) in paragraph (1)(B), by striking ‘‘as defined in section 101(b)(1)(A)’’ and inserting ‘‘who is not a United States person’’; and (2) in paragraph (2), by striking ‘‘as defined in section 101(b)(1)(A)’’ and inserting ‘‘who is not a United States person’’. (c) PEN REGISTERS, TRAP AND TRACE DEVICES.—Section 402(e) of such Act (50 U.S.C. 1842(e)) is amended— (1) by striking ‘‘(e) An’’ and inserting ‘‘(e)(1) Except as provided in paragraph (2), an’’; and (2) by adding at the end the following new paragraph: ‘‘(2) In the case of an application under subsection (c) where the applicant has certified that the information likely to be obtained H.R.3199—5 is foreign intelligence information not concerning a United States person, an order, or an extension of an order, under this section may be for a period not to exceed one year.’’. SEC. 106. ACCESS TO CERTAIN BUSINESS RECORDS UNDER SECTION 215 OF THE USA PATRIOT ACT. (a) DIRECTOR APPROVAL FOR CERTAIN APPLICATIONS.—Sub- section (a) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(a)) is amended— (1) in paragraph (1), by striking ‘‘The Director’’ and inserting ‘‘Subject to paragraph (3), the Director’’; and (2) by adding at the end the following: ‘‘(3) In the case of an application for an order requiring the production of library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person, the Director of the Federal Bureau of Investigation may dele- gate the authority to make such application to either the Deputy Director of the Federal Bureau of Investigation or the Executive Assistant Director for National Security (or any suc- cessor position). The Deputy Director or the Executive Assistant Director may not further delegate such authority.’’. (b) FACTUAL BASIS FOR REQUESTED ORDER.—Subsection (b)(2) of such section is amended to read as follows: ‘‘(2) shall include— ‘‘(A) a statement of facts showing that there are reason- able grounds to believe that the tangible things sought are relevant to an authorized investigation (other than a threat assessment) conducted in accordance with sub- section (a)(2) to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activi- ties, such things being presumptively relevant to an author- ized investigation if the applicant shows in the statement of the facts that they pertain to— ‘‘(i) a foreign power or an agent of a foreign power; ‘‘(ii) the activities of a suspected agent of a foreign power who is the subject of such authorized investiga- tion; or ‘‘(iii) an individual in contact with, or known to, a suspected agent of a foreign power who is the subject of such authorized investigation; and ‘‘(B) an enumeration of the minimization procedures adopted by the Attorney General under subsection (g) that are applicable to the retention and dissemination by the Federal Bureau of Investigation of any tangible things to be made available to the Federal Bureau of Investigation based on the order requested in such application.’’. (c) CLARIFICATION OF JUDICIAL DISCRETION.—Subsection (c)(1) of such section is amended to read as follows: ‘‘(c)(1) Upon an application made pursuant to this section, if the judge finds that the application meets the requirements of subsections (a) and (b), the judge shall enter an ex parte order as requested, or as modified, approving the release of tangible things. Such order shall direct that minimization procedures adopted pursuant to subsection (g) be followed.’’. H.R.3199—6 (d) ADDITIONAL PROTECTIONS.—Subsection (c)(2) of such section is amended to read as follows: ‘‘(2) An order under this subsection— ‘‘(A) shall describe the tangible things that are ordered to be produced with sufficient particularity to permit them to be fairly identified; ‘‘(B) shall include the date on which the tangible things must be provided, which shall allow a reasonable period of time within which the tangible things can be assembled and made available; ‘‘(C) shall provide clear and conspicuous notice of the principles and procedures described in subsection (d); ‘‘(D) may only require the production of a tangible thing if such thing can be obtained with a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation or with any other order issued by a court of the United States directing the production of records or tangible things; and ‘‘(E) shall not disclose that such order is issued for purposes of an investigation described in subsection (a).’’. (e) PROHIBITIONONDISCLOSURE.—Subsection (d) of such section is amended to read as follows: ‘‘(d)(1) No person shall disclose to any other person that the Federal Bureau of Investigation has sought or obtained tangible things pursuant to an order under this section, other than to— ‘‘(A) those persons to whom disclosure is necessary to comply with such order; ‘‘(B) an attorney to obtain legal advice or assistance with respect to the production of things in response to the order; or ‘‘(C) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. ‘‘(2)(A) A person to whom disclosure is made pursuant to para- graph (1) shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as such person. ‘‘(B) Any person who discloses to a person described in subpara- graph (A), (B), or (C) of paragraph (1) that the Federal Bureau of Investigation has sought or obtained tangible things pursuant to an order under this section shall notify such person of the nondisclosure requirements of this subsection. ‘‘(C) At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under this section shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance.’’. (f) JUDICIALREVIEW.— (1) PETITION REVIEW POOL.—Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by adding at the end the following new subsection: ‘‘(e)(1) Three judges designated under subsection (a) who reside within 20 miles of the District of Columbia, or, if all of such judges are unavailable, other judges of the court established under subsection (a) as may be designated by the presiding judge of H.R.3199—7 such court, shall comprise a petition review pool which shall have jurisdiction to review petitions filed pursuant to section 501(f)(1). ‘‘(2) Not later than 60 days after the date of the enactment of the USA PATRIOT Improvement and Reauthorization Act of 2005, the court established under subsection (a) shall adopt and, consistent with the protection of national security, publish proce- dures for the review of petitions filed pursuant to section 501(f)(1) by the panel established under paragraph (1). Such procedures shall provide that review of a petition shall be conducted in camera and shall also provide for the designation of an acting presiding judge.’’. (2) PROCEEDINGS.—Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is further amended by adding at the end the following new subsection: ‘‘(f)(1) A person receiving an order to produce any tangible thing under this section may challenge the legality of that order by filing a petition with the pool established by section 103(e)(1). The presiding judge shall immediately assign the petition to one of the judges serving in such pool. Not later than 72 hours after the assignment of such petition, the assigned judge shall conduct an initial review of the petition. If the assigned judge determines that the petition is frivolous, the assigned judge shall immediately deny the petition and affirm the order. If the assigned judge deter- mines the petition is not frivolous, the assigned judge shall promptly consider the petition in accordance with the procedures established pursuant to section 103(e)(2). The judge considering the petition may modify or set aside the order only if the judge finds that the order does not meet the requirements of this section or is otherwise unlawful. If the judge does not modify or set aside the order, the judge shall immediately affirm the order and order the recipient to comply therewith. The assigned judge shall promptly provide a written statement for the record of the reasons for any determination under this paragraph. ‘‘(2) A petition for review of a decision to affirm, modify, or set aside an order by the United States or any person receiving such order shall be to the court of review established under section 103(b), which shall have jurisdiction to consider such petitions. The court of review shall provide for the record a written statement of the reasons for its decision and, on petition of the United States or any person receiving such order for writ of certiorari, the record shall be transmitted under seal to the Supreme Court, which shall have jurisdiction to review such decision. ‘‘(3) Judicial proceedings under this subsection shall be con- cluded as expeditiously as possible. The record of proceedings, including petitions filed, orders granted, and statements of reasons for decision, shall be maintained under security measures estab- lished by the Chief Justice of the United States in consultation with the Attorney General and the Director of National Intelligence. ‘‘(4) All petitions under this subsection shall be filed under seal. In any proceedings under this subsection, the court shall, upon request of the government, review ex parte and in camera any government submission, or portions thereof, which may include classified information.’’. (g) MINIMIZATION PROCEDURES AND USE OF INFORMATION.— Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is further amended by adding at the end the following new subsections: H.R.3199—8 ‘‘(g) MINIMIZATIONPROCEDURES.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of the USA PATRIOT Improvement and Reauthorization Act of 2005, the Attorney General shall adopt specific minimization procedures governing the retention and dissemination by the Federal Bureau of Investigation of any tangible things, or information therein, received by the Federal Bureau of Investigation in response to an order under this title. ‘‘(2) DEFINED.—In this section, the term ‘minimization procedures’ means— ‘‘(A) specific procedures that are reasonably designed in light of the purpose and technique of an order for the production of tangible things, to minimize the retention, and prohibit the dissemination, of nonpublicly available information concerning unconsenting United States persons consistent with the need of the United States to obtain, produce, and disseminate foreign intelligence information; ‘‘(B) procedures that require that nonpublicly available information, which is not foreign intelligence information, as defined in section 101(e)(1), shall not be disseminated in a manner that identifies any United States person, without such person’s consent, unless such person’s identity is necessary to understand foreign intelligence information or assess its importance; and ‘‘(C) notwithstanding subparagraphs (A) and (B), proce- dures that allow for the retention and dissemination of information that is evidence of a crime which has been, is being, or is about to be committed and that is to be retained or disseminated for law enforcement purposes. ‘‘(h) USE OF INFORMATION.—Information acquired from tangible things received by the Federal Bureau of Investigation in response to an order under this title concerning any United States person may be used and disclosed by Federal officers and employees with- out the consent of the United States person only in accordance with the minimization procedures adopted pursuant to subsection (g). No otherwise privileged information acquired from tangible things received by the Federal Bureau of Investigation in accordance with the provisions of this title shall lose its privileged character. No information acquired from tangible things received by the Fed- eral Bureau of Investigation in response to an order under this title may be used or disclosed by Federal officers or employees except for lawful purposes.’’. (h) ENHANCED OVERSIGHT.—Section 502 of the Foreign Intel- ligence Surveillance Act of 1978 (50 U.S.C. 1862) is amended— (1) in subsection (a)— (A) by striking ‘‘semiannual basis’’ and inserting ‘‘annual basis’’; and (B) by inserting ‘‘and the Committee on the Judiciary’’ after ‘‘and the Select Committee on Intelligence’’; (2) in subsection (b)— (A) by striking ‘‘On a semiannual basis’’ and all that follows through ‘‘the preceding 6-month period’’ and inserting ‘‘In April of each year, the Attorney General shall submit to the House and Senate Committees on the Judiciary and the House Permanent Select Committee on H.R.3199—9 Intelligence and the Senate Select Committee on Intel- ligence a report setting forth with respect to the preceding calendar year’’; (B) in paragraph (1), by striking ‘‘and’’ at the end; (C) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (D) by adding at the end the following new paragraph: ‘‘(3) the number of such orders either granted, modified, or denied for the production of each of the following: ‘‘(A) Library circulation records, library patron lists, book sales records, or book customer lists. ‘‘(B) Firearms sales records. ‘‘(C) Tax return records. ‘‘(D) Educational records. ‘‘(E) Medical records containing information that would identify a person.’’; and (3) by adding at the end the following new subsection: ‘‘(c)(1) In April of each year, the Attorney General shall submit to Congress a report setting forth with respect to the preceding year— ‘‘(A) the total number of applications made for orders approving requests for the production of tangible things under section 501; and ‘‘(B) the total number of such orders either granted, modi- fied, or denied. ‘‘(2) Each report under this subsection shall be submitted in unclassified form.’’. SEC. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PURPOSES. (a) AUDIT.—The Inspector General of the Department of Justice shall perform a comprehensive audit of the effectiveness and use, including any improper or illegal use, of the investigative authority provided to the Federal Bureau of Investigation under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.). (b) REQUIREMENTS.—The audit required under subsection (a) shall include— (1) an examination of each instance in which the Attorney General, any other officer, employee, or agent of the Depart- ment of Justice, the Director of the Federal Bureau of Investiga- tion, or a designee of the Director, submitted an application to the Foreign Intelligence Surveillance Court (as such term is defined in section 301(3) of the Foreign Intelligence Surveil- lance Act of 1978 (50 U.S.C. 1821(3))) for an order under section 501 of such Act during the calendar years of 2002 through 2006, including— (A) whether the Federal Bureau of Investigation requested that the Department of Justice submit an application and the request was not submitted to the court (including an examination of the basis for not submitting the application); (B) whether the court granted, modified, or denied the application (including an examination of the basis for any modification or denial); (2) the justification for the failure of the Attorney General to issue implementing procedures governing requests for the H.R.3199—10 production of tangible things under such section in a timely fashion, including whether such delay harmed national security; (3) whether bureaucratic or procedural impediments to the use of such requests for production prevent the Federal Bureau of Investigation from taking full advantage of the authorities provided under section 501 of such Act; (4) any noteworthy facts or circumstances relating to orders under such section, including any improper or illegal use of the authority provided under such section; and (5) an examination of the effectiveness of such section as an investigative tool, including— (A) the categories of records obtained and the impor- tance of the information acquired to the intelligence activi- ties of the Federal Bureau of Investigation or any other Department or agency of the Federal Government; (B) the manner in which such information is collected, retained, analyzed, and disseminated by the Federal Bureau of Investigation, including any direct access to such information (such as access to ‘‘raw data’’) provided to any other Department, agency, or instrumentality of Fed- eral, State, local, or tribal governments or any private sector entity; (C) with respect to calendar year 2006, an examination of the minimization procedures adopted by the Attorney General under section 501(g) of such Act and whether such minimization procedures protect the constitutional rights of United States persons; (D) whether, and how often, the Federal Bureau of Investigation utilized information acquired pursuant to an order under section 501 of such Act to produce an analytical intelligence product for distribution within the Federal Bureau of Investigation, to the intelligence community (as such term is defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4))), or to other Federal, State, local, or tribal government Departments, agencies, or instrumentalities; and (E) whether, and how often, the Federal Bureau of Investigation provided such information to law enforcement authorities for use in criminal proceedings. (c) SUBMISSIONDATES.— (1) PRIOR YEARS.—Not later than one year after the date of the enactment of this Act, or upon completion of the audit under this section for calendar years 2002, 2003, and 2004, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on the Judiciary and the Select Committee on Intelligence of the Senate a report containing the results of the audit conducted under this section for calendar years 2002, 2003, and 2004. (2) CALENDAR YEARS 2005 AND 2006.—Not later than December 31, 2007, or upon completion of the audit under this section for calendar years 2005 and 2006, whichever is earlier, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Perma- nent Select Committee on Intelligence of the House of Rep- resentatives and the Committee on the Judiciary and the Select

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Duration of FISA surveillance of non-United States persons under section. 207 of the USA PATRIOT Act. Sec. 106. Access to certain business records
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