USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006
Latest Action
Became Public Law No: 109-178.
Official Summary
(This measure has not been amended since it was passed by the Senate on March 1, 2006. The summary of that version is repeated here.) USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to allow a person receiving a production order (an order from the Director of the Federal Bureau of Investigation (FBI) or his designee (Director) to produce any tangible thing, such as a book, document, or record) to challenge its legality by filing a petition with a pool of three district court judges established by the Chief Justice of the United States for such purpose. Permits the filing of a petition, no sooner than one year after issuance of the production order, challenging any accompanying nondisclosure order (an order prohibiting the person receiving the production order from disclosing that the FBI sought information). Requires the presiding judge of the pool to immediately assign a judge to conduct an initial review of a petition. Requires such judge, within 72 hours of the assignment, to make an initial petition review. Requires the judge to immediately deny such petition if it is frivolous and affirm the production or nondisclosure order. Permits any order setting aside a nondisclosure order to be stayed pending review upon request of the government. Permits setting aside a nondisclosure order if there is no reason to believe that national security would be endangered. Establishes as conclusive a certification by the Director or the Attorney General that the setting aside of a nondisclosure order may endanger national security or interfere with diplomatic relations, unless the certification was found to be made in bad faith. Requires upholding a production order unless it is found to be unlawful. Requires immediate compliance with the production order if the judge does not set aside such order. Grants the Supreme Court, upon writ of certiorari, jurisdiction to review a decision. Requires any judicial review to be as expeditious as possible and all petitions to be filed under seal. Requires any court proceedings, upon request from the government, to be ex parte and in camera. Amends federal criminal law, the Fair Credit Reporting Act, the Right to Financial Privacy Act, and the National Security Act of 1947 to require a person making a disclosure to identify to the Director or requesting official the person to whom such disclosure will be made or was made prior to the request, but permits withholding the identity of an attorney to whom a disclosure was or will be made to obtain legal advice or assistance with respect to the request. Considers a library not to be a wire or electronic service communication provider for purposes of granting national security letters, unless the library provides "electronic communication service." Makes this Act effective immediately upon enactment.
GovScope Watchdog™
AI Government Intelligence™The USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 modifies the Foreign Intelligence Surveillance Act of 1978 (FISA) by establishing a judicial process for individuals or entities receiving FBI production orders to challenge their legality. It creates a special pool of three district court judges appointed by the Chief Justice to review such petitions, with strict timelines for initial review and provisions for denying frivolous challenges. The bill also addresses nondisclosure orders related to these production orders, allowing challenges after one year and setting standards for when such orders can be set aside, particularly concerning national security. It grants the Supreme Court jurisdiction for expedited review and mandates that proceedings be conducted under seal and, if requested by the government, ex parte and in camera. Additionally, the bill amends several federal laws to require disclosure of the identity of recipients of information disclosed under these orders, with exceptions for attorneys. It clarifies that libraries are generally not considered providers of electronic communication services for national security letter purposes unless they provide electronic communication services themselves. The Act became law on March 9, 2006.
This law enhances judicial oversight of FBI production orders under FISA while maintaining protections for national security and confidentiality.
- Establishes a special pool of three district court judges to review challenges to FBI production orders and nondisclosure orders.
- Allows challenges to nondisclosure orders no sooner than one year after issuance, with provisions to uphold orders if national security is at risk.
- Requires judicial reviews to be expedited, conducted under seal, and permits ex parte and in camera proceedings upon government request.
['Individuals and entities subject to FBI production orders who gain a formal process to challenge these orders.', 'Federal judiciary through a specialized review process.', 'Federal law enforcement and intelligence agencies by maintaining national security protections and confidentiality.', 'Libraries clarified as generally not subject to national security letter provisions unless providing electronic communication services.']
['The expedited and secretive nature of judicial reviews may limit transparency and public oversight.', 'The conclusive certification by the Director or Attorney General regarding national security risks may limit judicial review scope.', 'Implementation requires coordination among judiciary, FBI, and other agencies to manage petitions and maintain confidentiality.', 'Potential challenges in balancing timely compliance with production orders and thorough judicial review.']
This bill was passed by the Senate on March 1, 2006, and signed into law on March 9, 2006, as part of ongoing legislative efforts to reauthorize and amend provisions of the USA PATRIOT Act and related national security laws. It reflects congressional intent to provide judicial oversight mechanisms for surveillance and information production orders while preserving national security interests.
Hidden impact flags detected: 2
GovScope reviewed 2 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.
['May increase judicial workload due to establishment of a specialized pool of judges and expedited review processes.', 'Could influence how libraries manage electronic communication services to avoid classification under national security letter provisions.', 'Potentially affects legal strategies for entities receiving production orders by formalizing challenge procedures and confidentiality rules.']
The Act introduces a formal judicial review mechanism for FBI production orders but balances this with strong confidentiality and national security protections, including sealed and ex parte proceedings. Transparency is limited by nondisclosure orders and conclusive certifications by executive officials, which may constrain judicial oversight. Monitoring implementation and ensuring proper checks on executive certifications are important for maintaining oversight integrity.
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