Page:United States Statutes at Large Volume 120.djvu/309

 120 STAT. 278

PUBLIC LAW 109–178—MAR. 9, 2006

Public Law 109–178 109th Congress An Act Mar. 9, 2006 [S. 2271]

USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006. Terrorism. 18 USC 1 note.

To clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide specific services, 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.

This Act may be cited as the ‘‘USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006’’. SEC. 2. DEFINITION.

As used in this Act, the term ‘‘applicable Act’’ means the Act entitled ‘‘An Act to extend and modify authorities needed to combat terrorism, and for other purposes.’’ (109th Congress, 2d Session). SEC. 3. JUDICIAL REVIEW OF FISA ORDERS.

Deadline.

Deadline.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

Subsection (f) of section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as amended by the applicable Act, is amended to read as follows: ‘‘(f)(1) In this subsection— ‘‘(A) the term ‘production order’ means an order to produce any tangible thing under this section; and ‘‘(B) the term ‘nondisclosure order’ means an order imposed under subsection (d). ‘‘(2)(A)(i) A person receiving a production order may challenge the legality of that order by filing a petition with the pool established by section 103(e)(1). Not less than 1 year after the date of the issuance of the production order, the recipient of a production order may challenge the nondisclosure order imposed in connection with such production order by filing a petition to modify or set aside such nondisclosure order, consistent with the requirements of subparagraph (C), with the pool established by section 103(e)(1). ‘‘(ii) The presiding judge shall immediately assign a petition under clause (i) to 1 of the judges serving in the pool established by section 103(e)(1). 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 production order or nondisclosure order. If the assigned judge determines the petition is not frivolous, the assigned judge shall promptly consider the petition in accordance with the procedures established under section 103(e)(2).

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