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Code · STATUTE-COMPILATIONS · USA PATRIOT Improvement and Reauthorization Act of 2005 · Sec. 106A

Sec. 106A. AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PURPOSES

1,228 words·~6 min read·/statute-compilations/comps-10582/sec-106a

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## 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 and calendar years 2012 through 2014, 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)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 ####
(3)an examination of the effectiveness of such section as an investigative tool, including— #####
(A)the categories of records obtained and the importance of the information acquired to the intelligence activities 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 Federal, State, local, or tribal governments or any private sector entity; #####
(C)with respect to calendar years 2012 through 2014, an examination of the minimization procedures used in relation to orders under section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) and whether the minimization procedures adequately 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, 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)Submission Dates ####
(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 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 2005 and 2006. ####
(3)Calendar years 2012 through 2014 Not later than 1 year after the date of enactment of the USA FREEDOM Act of 2015, the Inspector General of the Department of Justice shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the audit conducted under subsection
(a)for calendar years 2012 through 2014. ###
(d)Intelligence Assessment ####
(1)In general For the period beginning on January 1, 2012, and ending on December 31, 2014, the Inspector General of the Intelligence Community shall assess— #####
(A)the importance of the information acquired under title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) to the activities of the intelligence community; #####
(B)the manner in which that information was collected, retained, analyzed, and disseminated by the intelligence community; #####
(C)the minimization procedures used by elements of the intelligence community under such title and whether the minimization procedures adequately protect the constitutional rights of United States persons; and #####
(D)any minimization procedures proposed by an element of the intelligence community under such title that were modified or denied by the court established under section 103(a) of such Act (50 U.S.C. 1803(a)). ####
(2)Submission date for assessment Not later than 180 days after the date on which the Inspector General of the Department of Justice submits the report required under subsection (c)(3), the Inspector General of the Intelligence Community shall submit to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives a report containing the results of the assessment for calendar years 2012 through 2014. ###
(e)Prior Notice to Attorney General and Director of National Intelligence; Comments ####
(1)Notice Not less than 30 days before the submission of any report under subsection
(c)or (d), the Inspector General of the Department of Justice, the Inspector General of the Intelligence Community, and any Inspector General of an element of the intelligence community that prepares a report to assist the Inspector General of the Department of Justice or the Inspector General of the Intelligence Community in complying with the requirements of this section shall provide such report to the Attorney General and the Director of National Intelligence. ####
(2)Comments The Attorney General or the Director of National Intelligence may provide comments to be included in any report submitted under subsection
(c)or
(d)as the Attorney General or the Director of National Intelligence may consider necessary. ###
(f)Unclassified Form Each report submitted under subsection
(c)and any comments included under subsection (e)(2) shall be in unclassified form, but may include a classified annex. ###
(g)Definitions In this section: ####
(1)Intelligence community The term “**intelligence community**” has the meaning given that term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). ####
(2)United states person The term “**United States person**” has the meaning given that term in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
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cites case law
Sec. 106A
AUDIT ON ACCESS TO CERTAIN BUSINESS RECORDS FOR FOREIGN INTELLIGENCE PURPOSES
U.S.C.§ 1861
U.S.C.§ 1821
U.S.C.§ 1803
U.S.C.§ 3003
U.S.C.§ 1801
Cites 5Cited by 0 across 0 sources
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