Congressional
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Research
Service
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Informing
the
legislative
debate
since
1914
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MEMORANDUM
May 19,2015
To:
House Judiciary Committee
Subject:
Sunset
of
Section 215
of
the USA PATRIOT Act
of
2001
You
have asked for an analysis
of
the sunset date applicable
to§
215
of
the USA PATRIOT Act of2001.
1
Section 215 broadens the types
of
records and other tangible things that can be made accessible to the
government
under§
501
of
the Foreign Intelligence Surveillance Act
of
1978 (FISA).
2
As originally
enacted, § 215 was scheduled to expire on December 31, 2005.
3
Since then, the provision has been
reauthorized several times, most recently through June
1,
2015.
4
The current sunset provision states:
(b) Sections 206 and 215 Sunset.--
(1) In generaL--Effective June
1,
2015, the Foreign Intelligence Surveillance Act
of
1978
is
amended so that sections 501, 502, and 105(c)(2) read
as
they read on October
25,2001.
(2) Exception.--With respect to any particular foreign intelligence investigation that began before
the date on which the provisions referred to
in
paragraph (1) cease to have effect, or with respect
to
any particular offense
or
potential offense that began
or
occurred before the date on which such
provisions cease to have effect, such provisions shall continue in effect.
5
You have asked what time
of
day the amendment made by paragraph (1)
of
the sunset provision would
occur on June
1,
2015. The Supreme Court has recognized that, in the absence
of
a congressional
directive stating otherwise,
"it is settled that where no other time
is
prescribed, they [statutes] take effect
from their date
....
In
such cases
it
is
operative from the first moment
of
that
day.
Fractions
of
the day are
not recognized."
6
I P.
L.
107-56.
2
50 U.S.C. § 1861.
3
P.L. 107-56, § 224.
4
See, e.g., P .L. I 09-160 (extension until February 3, 2006); P .L. I 09-170 (extension until
March
10, 2006);
USA
PATRIOT
Improvement
and Reauthorization
Act
of
2005, P .L. 109-177 (extension until
December
31
, 2009);
Department
of
Defense
Appropriations Act,
2010, P.L. 111-118, § 1004 (2009) (extension until February 28, 2010); P.
L.
111-141 (extension until
February 28,
2011); P.L. 112-3 (extension until
May
27, 2011); P.L. 112-14 (extension until
June
1,
2015).
5
P.L. 109-177, § 102 as amended by P.L. 112-14.
6
Lapeyre
v.
United States, 84 U.S.
191
, 198 (U.S. 1873).
Congressional Research Service 7-5700 1
www
.crs.gov
