Provisions of Patriot Act covering domestic spying expire

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NSA Patriot Act Powers Lapse, Freedom Act Lives On

A look at the post-Sept. 11 surveillance provisions that expired on Monday, June 1, 2015:

Section 215 of the Patriot Act

This has been used to authorize the National Security Agency's bulk collection of domestic telephone records, although an appeals court ruled recently that the law could not fairly be read to support that program. The ruling was put on hold pending the debate on Congress. Section 215 is also used by the FBI about 200 times a year to obtain all manner of business records, including hotel bills, travel vouchers and Internet data relevant to a terrorism investigation. The FBI says that collection is extremely useful, though a recent Justice Department report said the bureau could not point to any terrorism cases cracked because of the program, as of 2009. If the program lapses, the FBI will have to go back to pre-Sept. 11 language that is much more restrictive.

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Provisions of Patriot Act covering domestic spying expire
President Barack Obama speaks to members of the media during his meeting with NATO Secretary General Jens Stoltenberg, Tuesday, May 26, 2015, in the Oval Office of the White House in Washington. Obama began with commenting on flooding in Texas and calling on Senate to act on USA Freedom Act. (AP Photo/Pablo Martinez Monsivais)
WASHINGTON, DC - JUNE 02: Sen. Patrick Leahy (L) (D-VT) and Sen. Mike Lee (R-UT) leave the Senate floor after passage of the USA Freedom Act June 2, 2015 in Washington, DC. The legislation will replace the recently expired Patriot Act and passed the Senate by a vote of 67-32. (Photo by Win McNamee/Getty Images)
Joyce Barr (L), chief FOIA officer for the State Department, Melanie Anne Pustay (2L), director of the Office of Information Policy at the Justice Department, Karen Neuman (3L), chief FOIA officer at the Homeland Security Department, and Mary Howard (2R), director of the Internal Revenue Service's Privacy, Governmental Liaison and Disclosure Division, watch as Committee Chairman Rep. Jason Chaffetz (R-CA) (2R) and Brodi Fontenot, chief FOIA officer at the Treasury Department, shake hands during a hearing of the House Oversight and Government Reform Committee on Capitol Hill June 3, 2015 in Washington, DC. The committee held the hearing about the Freedom of Information Act process. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
WASHINGTON, DC - JUNE 02: U.S. Sen. Ron Wyden (D-OR) talks with reporters about the passage of the USA FREEDOM Act at the U.S. Capitol June 2, 2015 in Washington, DC. Co-sponsored by Sen. Mike Lee and Sen. Patrick Leahy, the legislation passed the Senate 67-32, matches the House version of the bill and will go to President Barack Obama for his signature. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - JUNE 02: Sen. Lamar Alexander (R-TN) (L) tells House Committee on Energy and Commerce Chairman Fred Upton (R-MI) 'A bad bill is better than no bill at all,' after the final passage of the USA FREEDOM Act at the U.S. Capitol June 2, 2015 in Washington, DC. Reforming how the nation's spy agencies collects citizens' phone data, the legislation passed the Senate 67-32, matching the House version of the bill and going to President Barack Obama for his signature. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - JUNE 02: Sen. John Thune (R-SD) (C) talks with reporters after the final passage of the USA FREEDOM Act at the U.S. Capitol June 2, 2015 in Washington, DC. Reforming how the nation's spy agencies collects citizens' phone data, the legislation passed the Senate 67-32, matching the House version of the bill and going to President Barack Obama for his signature. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - JUNE 01: U.S. Sen. Rand Paul (R-KY) talks with U.S. Sen. Mike Lee (R-UT) (L) in between television interviews in the Russell Senate Office Building rotunda on Capitol Hill June 1, 2015 in Washington, DC. In protest of the National Security Agency's sweeping program to collect U.S. citizens' telephone metadata, Paul blocked an extension of some parts of the USA PATRIOT Act, allowing them to lapse at 12:01 a.m. Monday. The Senate will continue to work to restore the lapsed authorities by amending a House version of the bill and getting it to President Obama later this week. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - JUNE 01: U.S. Sen. Rand Paul (R-KY) does a live interview with FOX News in the Russell Senate Office Building rotunda on Capitol Hill June 1, 2015 in Washington, DC. In protest of the National Security Agency's sweeping program to collect U.S. citizens' telephone metadata, Paul blocked an extension of some parts of the USA PATRIOT Act, allowing them to lapse at 12:01 a.m. Monday. The Senate will continue to work to restore the lapsed authorities by amending a House version of the bill and getting it to President Obama later this week. (Photo by Chip Somodevilla/Getty Images)
White House press secretary Josh Earnest speaks during the daily news briefing at the White House in Washington, Tuesday, June 2, 2015. Earnest discussed the NSA phone collection bill, US-led coalition's IS group strategy, and Bruce Jenner's transition to Caitlyn Jenner, and other topics. (AP Photo/Carolyn Kaster)
WASHINGTON, DC - MAY 31: The U.S. Capitol is illuminated at dusk, May 31, 2015 in Washington, DC. The National Security Agency's authority to collect bulk telephone data is set to expire June 1, unless the Senate can come to an agreement to extend the surveillance programs. (Photo by Drew Angerer/Getty Images)
WASHINGTON, DC - MAY 31: (L - R) Rep. Thomas Massie (R-KY) listens as Sen. Rand Paul (R-KY) speaks to reporters after exiting the Senate chamber, on Capitol Hill, May 31, 2015 in Washington, DC. The National Security Agency's authority to collect bulk telephone data is set to expire June 1, unless the Senate can come to an agreement to extend the surveillance programs. (Photo by Drew Angerer/Getty Images)
WASHINGTON, DC - MAY 31: Senate Majority Leader Mitch McConnell (R-KY) walks to the Senate floor on Capitol Hill, May 31, 2015 in Washington, DC. The National Security Agency's authority to collect bulk telephone data is set to expire June 1, unless the Senate can come to an agreement to extend the surveillance programs. (Photo by Drew Angerer/Getty Images)
WASHINGTON, DC - MAY 31: Sen. John McCain (R-AZ) talks with reporters on his way to the Senate floor on Capitol Hill, May 31, 2015 in Washington, DC. The National Security Agency's authority to collect bulk telephone data is set to expire June 1, unless the Senate can come to an agreement to extend the surveillance programs. (Photo by Drew Angerer/Getty Images)
President Barack Obama meets with Attorney General Loretta Lynch in the Oval Office of the White House in Washington, Friday, May 29, 2015. The said a "handful of senators" are the only thing standing in the way of an extension of key Patriot Act provisions before they expire at midnight Sunday. (AP Photo/Carolyn Kaster)
President Barack Obama speaks to media as he meets with Attorney General Loretta Lynch in the Oval Office of the White House in Washington, Friday, May 29, 2015. The president said a "handful of senators" are the only thing standing in the way of an extension of key Patriot Act provisions before they expire at midnight Sunday. (AP Photo/Carolyn Kaster)
WASHINGTON, DC - MAY 29: U.S. President Barack Obama (R) talks to members of the news media after meeting with Attorney General Loretta Lynch in the Oval Office at the White House May 29, 2015 in Washington, DC. Calling it an essential piece of legislation for fighting terrorism, Obama demanded that the U.S. Senate pass the USA Freedom Act, a piece of legislation that would end bulk collection of Americans' metadata, improve the FISA court and other security reforms. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - MAY 31: Sen. Bob Corker (R-TN) talks to reporters after leaving the Senate floor on Capitol Hill, May 31, 2015 in Washington, DC. The National Security Agency's authority to collect bulk telephone data is set to expire June 1, unless the Senate can come to an agreement to extend the surveillance programs. (Photo by Drew Angerer/Getty Images)
WASHINGTON, DC - MAY 31: Sen. Dianne Feinstein (D-CA) gets into an elevator after leaving the Senate floor on Capitol Hill, May 31, 2015 in Washington, DC. The National Security Agency's authority to collect bulk telephone data is set to expire June 1, unless the Senate can come to an agreement to extend the surveillance programs. (Photo by Drew Angerer/Getty Images)
WASHINGTON, DC - MAY 19: Senate Majority Whip John Cornyn (R-TX) talks to reporters after the weekly Senate GOP policy luncheon at the U.S. Capitol May 19, 2015 in Washington, DC. Although he does not support the House version of the PATRIOT Act reauthorization, Senate Majority Leader Mitch McConnell (R-KY) said the Senate would go forward with a vote on the legislation that would eliminate the bulk data collection programs, which were exposed by Edward Snowden. (Photo by Chip Somodevilla/Getty Images)
In this image from Senate video, Sen. Rand Paul, R-Ky., and a Republican presidential contender, speaks on the floor of the U.S. Senate Wednesday afternoon, May 20, 2015, at the Capitol in Washington, during a long speech opposing renewal of the Patriot Act. Paul claimed he was filibustering, but under the Senate rules, he wasn’t. (Senate TV via AP)
FILE - In this May 19, 2015 file photo, Senate Majority Leader Mitch McConnell of Ky. pauses during a news conference on Capitol Hill in Washington, Tuesday, May 19, 2015. Key Patriot Act anti-terror provisions, including bulk collection of Americans’ phone records, expire at midnight unless senators come up with an 11th hour deal in an extraordinary Sunday afternoon session. (AP Photo/Evan Vucci)
FILE - In this April 29, 2015 file photo, Republican presidential candidate Sen. Ted Cruz, R-Texas speaks at the National Press Club in Washington. Republican senators eyeing the presidency split over the renewal of the Patriot Act surveillance law, with civil libertarians at odds with traditional defense hawks who back tough spying powers in the fight against terrorism. (AP Photo/Cliff Owen, File)
FILE - In this May 16, 2015 file photo, Republican presidential candidate Sen. Rand Paul speaks in Des Moines, Iowa. Paul vowed on Monday to “everything possible” to block renewal of the terrorism-era Patriot Act, but the Republican presidential hopeful conceded it may not be enough. (AP Photo/Charlie Neibergall, File)
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Section 206 of the Patriot Act

This authorizes "roving wiretaps" in national security cases. Commonly used in drug cases, such wiretaps allow the FBI to target a suspect rather than a device, to account for a suspect who discards phones to dodge surveillance. In the national security context, they are more often used in spy cases than terrorism ones, officials say. If this provision expires, the FBI would have to get a separate order for each communications device it wants to intercept.

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Section 6001 of the 2004 Intelligence Reform and Terrorism Prevention Act

The "lone wolf" provision has never been used. It is designed to allow the FBI to eavesdrop on a non-U.S. person who is not affiliated with any foreign power, including a terrorist group.

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