Page:United States Statutes at Large Volume 120.djvu/231

 120 STAT. 200

Reports.

PUBLIC LAW 109–177—MAR. 9, 2006

Intelligence and the Senate Select Committee on Intelligence a report setting forth with respect to the preceding calendar year’’; (B) in paragraph (1), by striking ‘‘and’’ at the end; (C) in paragraph (2), by striking the period at the end and inserting ‘‘; and’’; and (D) by adding at the end the following new paragraph: ‘‘(3) the number of such orders either granted, modified, or denied for the production of each of the following: ‘‘(A) Library circulation records, library patron lists, book sales records, or book customer lists. ‘‘(B) Firearms sales records. ‘‘(C) Tax return records. ‘‘(D) Educational records. ‘‘(E) Medical records containing information that would identify a person.’’; and (3) by adding at the end the following new subsection: ‘‘(c)(1) In April of each year, the Attorney General shall submit to Congress a report setting forth with respect to the preceding year— ‘‘(A) the total number of applications made for orders approving requests for the production of tangible things under section 501; and ‘‘(B) the total number of such orders either granted, modified, or denied. ‘‘(2) Each report under this subsection shall be submitted in unclassified form.’’. 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 Department of Justice, the Director of the Federal Bureau of Investigation, 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 Surveillance 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

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