USA PATRIOT Amendments Act of 2009
Latest action · Jan 29, 2010 Placed on the Union Calendar, Calendar No. 240.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedOct 20, 2009
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
USA PATRIOT Act Amendments Act of 2009 - Title I: USA PATRIOT Act Related Amendments - (Sec. 101) Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to require an ex parte order for electronic surveillance to contain specific information as to whether a surveillance target is a foreign power, an agent of a foreign power, or a specific individual.
(Sec. 102) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to extend until December 31, 2013, provisions authorizing: (1) roving electronic surveillance; and (2) the production of tangible things (including books, records, papers, and documents) for foreign intelligence and international terrorism investigations.
(Sec. 103) Amends FISA to revise criteria for applications for access to business records in counterterrorism investigations to require an applicant to present a statement of facts and circumstances relied upon to justify the applicant's belief that the records sought are relevant to an authorized terrorism investigation. Repeals the presumption in favor of the government that an application for records is relevant to an investigation. Imposes similar requirements for access to library records and bookseller information.
Requires the government to notify the recipient of a nondisclosure order (a prohibition against disclosing the receipt or contents of a national security letter) of the right to challenge such order in court. Authorizes a judge to assess compliance with minimization procedures applicable to a FISA order for the production of tangible things.
(Sec. 104) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to allow the expiration, effective February 28, 2010, of provisions revising the definition of an "agent of a foreign power" to include any non-U.S. person who engages in international terrorism or preparatory activities ("lone wolf" provision).
(Sec. 105) Requires the Inspector General of the Department of Justice (DOJ) to conduct audits on orders for records, national security letters, and pen register and trap and trace devices (devices for recording incoming and outgoing telephone numbers) for all calendar years through 2013, and to submit a report on such audits to the House and Senate Judiciary and Intelligence Committees.
(Sec. 106) Amends the federal criminal code to reduce (from 30 to 7 days after the date of execution) the period during which notice of a search warrant in a criminal investigation may be delayed. Permits additional 21-day extensions of such period upon a showing by a U.S. attorney that execution of a warrant may endanger an individual or otherwise jeopardize an investigation or delay a trial.
(Sec. 107) Amends FISA to modify the standards for applications to obtain pen registers and trap and trace devices to require: (1) a statement of facts relied upon to justify the belief of the applicant that the information sought is relevant to an ongoing terrorism investigation; and (2) a statement of proposed procedures for the minimization of the retention and dissemination of information obtained through the use of such devices.
(Sec. 108) Amends FISA to require separate public reporting of requests for electronic surveillance, physical searches, pen registers, and orders for tangible things in the semiannual report of the Attorney General on persons targeted for investigation under FISA.
(Sec. 109) Amends the federal criminal code to allow a provider of a electronic communication service or a remote computing service to challenge a court order for disclosure of customer communications or records in the U.S. district court in which such order was issued or served.
(Sec. 110) Requires the President to submit to the House and Senate Intelligence and Judiciary Committees a report on whether operations conducted under FISA authority could be modified to enhance protections for civil liberties and on the nature and cost of any potential modifications.
Title II: National Security Letter Reform - National Security Letter Reform Act of 2009 - (Sec. 202) Terminates on December 31, 2013, the authorities for issuance of a national security letter.
(Sec. 203) Defines "national security letter" as a request for information under certain provisions of the federal criminal code relating to access to records of communication service providers, the Right to Financial Privacy Act, the Fair Credit Reporting Act, and the National Security Act of 1947.
(Sec. 204) Prohibits the issuance of a national security letter unless the official having authority over such issuance documents in a separate writing specific and articulable facts showing reasonable grounds to believe that the information sought: (1) pertains to a foreign power or an agent of a foreign power; (2) is relevant to the activities of a suspected agent of a foreign power that is the subject of an authorized investigation; or (3) pertains to an individual in contact with, or personally known to, a suspected agent of a foreign power that is the subject of an authorized investigation.
(Sec. 205) Requires notice to the recipient of a national security letter subject to a nondisclosure requirement: (1) of the right to judicial review of such requirement; and (2) that such requirement will remain in effect during the pendency of any judicial review.
(Sec. 206) Prohibits disclosure of any information acquired by a national security letter for law enforcement purposes unless such disclosure contains a statement that such information may only be used in a criminal proceeding with the advance authorization of the Attorney General or an authorized designee.
(Sec. 207) Expands procedures for obtaining judicial review of government requirements for nondisclosure of the issuance of a national security letter. Requires any application for a nondisclosure order (or an extension of an existing order) to include a certification from the Attorney General, the Deputy Attorney General, an Assistant Attorney General, or the Director of the Federal Bureau of Investigation (FBI) that disclosure may cause a danger to national security, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person. Requires the government to notify the recipient of a national security letter if the factual basis for such letter has ceased to exist.
(Sec. 208) Directs the Attorney General to establish and submit to the House and Senate Judiciary and Intelligence Committees procedures minimizing the acquisition, retention, and dissemination by the FBI of any records received by the FBI in response to a national security letter.
(Sec. 209) Modifies reporting requirements for national security letters to require a breakdown of the types of persons targeted (e.g., U.S. persons and non-U.S. persons) and whether such persons are subjects of authorized national security investigations.
Title III: General Provisions - Expresses the sense of Congress that the President should periodically review the level of classification of programs that make use of national security letters or authorities under FISA to determine if such programs can be declassified, in whole or in part, without interfering with an ongoing investigation or otherwise threatening national security.
Cosponsors 11
Members who signed on, in the order they did. Signatures ran from Oct 20, 2009 to Dec 11, 2009; 6 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-GA | Henry C. "Hank" Johnson, Jr. | Original | Oct 20, 2009 |
| D-CA | Jane Harman | Original | Oct 20, 2009 |
| D-NY | Jerrold Nadler | Original | Oct 20, 2009 |
| D-VA | Robert C. "Bobby" Scott | Original | Oct 20, 2009 |
| D-TX | Sheila Jackson Lee | Original | Oct 20, 2009 |
| D-TN | Steve Cohen | Original | Oct 20, 2009 |
| D-CA | Michael M. Honda | Oct 28, 2009 | |
| D-IL | Janice D. Schakowsky | Nov 3, 2009 | |
| D-NJ | Rush Holt | Nov 3, 2009 | |
| D-ME | Michael H. Michaud | Nov 19, 2009 | |
| D-ME | Chellie Pingree | Dec 11, 2009 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Oct 20, 2009Markup Nov 5, 2009Reported Dec 16, 2009 |
| House | Intelligence (Permanent Select) Committee | Referred Oct 20, 2009Discharged Jan 29, 2010 |
| House | Financial Services Committee | Referred Oct 20, 2009Discharged Jan 29, 2010 |
Actions 13
Everything that happened, newest first.
- Jan 29, 2010Committee on Intelligence (Permanent) discharged.
- Jan 29, 2010Committee on Financial Services discharged.
- Jan 29, 2010Placed on the Union Calendar, Calendar No. 240.
- Dec 16, 2009Reported (Amended) by the Committee on Judiciary. H. Rept. 111-382, Part I.
- Dec 16, 2009House Committee on Intelligence (Permanent) Granted an extension for further consideration ending not later than Jan. 29, 2010.
- Dec 16, 2009House Committee on Financial Services Granted an extension for further consideration ending not later than Jan. 29, 2010.
- Nov 5, 2009Committee Consideration and Mark-up Session Held.
- Nov 5, 2009Ordered to be Reported (Amended) by the Yeas and Nays: 16 - 10.
- Oct 20, 2009Introduced in House
- Oct 20, 2009Referred to the Committee on the Judiciary, and in addition to the Committees on Intelligence (Permanent Select), and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Oct 20, 2009Referred to House Judiciary
- Oct 20, 2009Referred to House Intelligence (Permanent)
- Oct 20, 2009Referred to House Financial Services
In the Congressional Record 2
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E2716 | Ted Poe R-TX | Nov 4, 2009 |
| Extensions | Analyses E2581 | John Conyers, Jr. D-MI | Oct 20, 2009 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee report
Congressional Budget Office cost estimates 2
- Dec 10, 2009H.R. 3845, USA PATRIOT Amendments Act of 2009<p>Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on November 5, 2009</p>
- Dec 10, 2009H.R. 3845, USA PATRIOT Amendments Act of 2009Cost estimate for the bill as ordered reported by the House Committee on the Judiciary on November 5, 2009
CRS reports 1
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
Cite it 1
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R40887 | National Security Letters: Proposed Amendments in the 111th Congress | Report | Dec 27, 2010 |
Related bills 2
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| S 1692 | USA PATRIOT Act Sunset Extension Act of 2009 | Related bill | Oct 28, 2009 |
| S 2336 | USA PATRIOT Reauthorization Act of 2009 | Related bill | Oct 29, 2009 |
Titles 5
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To extend and modify authorities needed to combat terrorism and protect civil liberties, and for other purposes.
- Short Titles as Introduced
- USA PATRIOT Amendments Act of 2009
- Short Titles as Reported to House
- USA PATRIOT Amendments Act of 2009
- Short Titles as Introduced for portions of this bill
- National Security Letter Reform Act of 2009
- Short Titles as Reported to House for portions of this bill
- National Security Letter Reform Act of 2009
Subjects
Assigned by the Library of Congress. Policy area: Armed Forces and National Security.
- Administrative law and regulatory procedures
- Armed Forces and National Security
- Bank accounts, deposits, capital
- Business records
- Congressional oversight
- Consumer credit
- Criminal investigation, prosecution, interrogation
- Department of Justice
- Diplomacy, foreign officials, Americans abroad
- Evidence and witnesses
- Government information and archives
- Government studies and investigations
- Intelligence activities, surveillance, classified information
- Judicial review and appeals
- Libraries and archives
- Right of privacy
- Telephone and wireless communication
- Terrorism
Text 2
Each version as it was printed, newest first.
- Jan 29, 2010Reported in House
- Oct 20, 2009Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.