[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1680 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 1680

          To reform the issuance of national security letters.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2005

  Mr. Cornyn introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
          To reform the issuance of national security letters.

    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 ``National Security Letter Reform Act 
of 2005''.

SEC. 2. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

    (a) In General.--Chapter 223 of title 18, United States Code, is 
amended by inserting after section 3510 the following:
``Sec. 3511. Judicial review of requests for information
    ``(a) Petition by Recipient.--
            ``(1) In general.--The recipient of a request for records, 
        a report, or other information under section 2709(b) of this 
        title, section 626(a) or (b) or 627(a) of the Fair Credit 
        Reporting Act, section 1114(a)(5)(A) of the Right to Financial 
        Privacy Act, or section 802(a) of the National Security Act of 
        1947 may, in the United States district court for the district 
        in which that person or entity does business or resides, 
        petition for an order modifying or setting aside the request.
            ``(2) Court action.--The court may modify or set aside a 
        request under this section if compliance would be unreasonable 
        or oppressive.
    ``(b) Modifications of Nondisclosure Requirement.--
            ``(1) Petitions.--The recipient of a request for records, a 
        report, or other information under section 2709(b) of this 
        title, section 626(a) or (b) or 627(a) of the Fair Credit 
        Reporting Act, section 1114(a)(5)(A) of the Right to Financial 
        Privacy Act, or section 802(a) of the National Security Act of 
        1947, may petition any court described in subsection (a) for an 
        order modifying or setting aside a nondisclosure requirement 
        imposed in connection with such a request.
            ``(2) Within 1 year.--
                    ``(A) In general.--If the petition under paragraph 
                (1) is filed not later than 1 year after the request 
                for records, a report, or other information under 
                section 2709(b) of this title, section 626(a) or (b) or 
                627(a) of the Fair Credit Reporting Act, section 
                1114(a)(5)(A) of the Right to Financial Privacy Act, or 
                section 802(a) of the National Security Act of 1947, 
                the court may modify or set aside such a nondisclosure 
                requirement if it finds that there is no reason to 
                believe that disclosure may endanger the national 
                security of the United States, interfere with a 
                criminal, counterterrorism, or counterintelligence 
                investigation interfere with diplomatic relations, or 
                endanger the life or physical safety of any person.
                    ``(B) Effect of certification.--The certification 
                made at the time of the request that disclosure may 
                endanger the national security of the United States or 
                interfere with diplomatic relations shall be treated as 
                conclusive under this paragraph unless the court finds 
                that the certification was made in bad faith.
            ``(3) After 1 year.--
                    ``(A) In general.--If the petition is filed 1 year 
                or more after the request for records, a report, or 
                other information under section 2709(b) of this title, 
                section 626(a) or (b) or 627(a) of the Fair Credit 
                Reporting Act, section 1114(a)(5)(A) of the Right to 
                Financial Privacy Act, or section 802(a) of the 
                National Security Act of 1947, the issuing officer, 
                within 90 days of the filing of the petition, shall 
                either terminate the nondisclosure requirement or 
                recertify that disclosure may result in danger to the 
                national security of the United States, interference 
                with a criminal, counterterrorism, or 
                counterintelligence investigation, interference with 
                diplomatic relations, or danger to the life or physical 
                safety of any person.
                    ``(B) Recertification.--In the event of 
                recertification under this paragraph, the court may 
                modify or set aside such a nondisclosure requirement if 
                it finds that there is no reason to believe that 
                disclosure may endanger the national security of the 
                United States, interfere with a criminal, 
                counterterrorism, or counterintelligence investigation, 
                interfere with diplomatic relations, or endanger the 
                life or physical safety of any person.
                    ``(C) Conclusive.--The recertification that 
                disclosure may endanger the national security of the 
                United States or interfere with diplomatic relations 
                under this paragraph shall be treated as conclusive 
                unless the court finds that the recertification was 
                made in bad faith.
                    ``(D) Effect of denial.--If the court denies a 
                petition for an order modifying or setting aside a 
                nondisclosure requirement under this paragraph, the 
                recipient shall be precluded for a period of 1 year 
                from filing another petition to modify or set aside 
                such nondisclosure requirement.
    ``(c) Compliance.--
            ``(1) Effect of failure.--In the case of a failure to 
        comply with a request for records, a report, or other 
        information made to any person or entity under section 2709(b) 
        of this title, section 626(a) or (b) or 627(a) of the Fair 
        Credit Reporting Act, section 1114(a)(5)(A) of the Right to 
        Financial Privacy Act, or section 802(a) of the National 
        Security Act of 1947, the Attorney General may invoke the aid 
        of any court of the United States within the jurisdiction in 
        which the investigation is carried on or the person or entity 
        resides, carries on business, or may be found, to compel 
        compliance with the request.
            ``(2) Order.--The court under paragraph (1) may issue an 
        order requiring the person or entity to comply with the 
        request.
            ``(3) Contempt.--Any failure to obey the order of the court 
        under this subsection may be punished by the court as contempt 
        thereof.
    ``(d) Process.--Any process under this section may be served in any 
judicial district in which the person or entity may be found.
    ``(e) Proceedings.--
            ``(1) Closed hearing.--In all proceedings under this 
        section, subject to any right to an open hearing in a contempt 
        proceeding, the court shall close any hearing to the extent 
        necessary to prevent an unauthorized disclosure of a request 
        for records, a report, or other information made to any person 
        or entity under section 2709(b) of this title, section 626(a) 
        or (b) or 627(a) of the Fair Credit Reporting Act, section 
        1114(a)(5)(A) of the Right to Financial Privacy Act, or section 
        802(a) of the National Security Act of 1947.
            ``(2) Under seal.--Petitions, filings, records, orders, and 
        subpoenas in proceedings under this section shall be kept under 
        seal to the extent and as long as necessary to prevent the 
        unauthorized disclosure of a request for records, a report, or 
        other information made to any person or entity under section 
        2709(b) of this title, section 626(a) or (b) or 627(a) of the 
        Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right 
        to Financial Privacy Act, or section 802(a) of the National 
        Security Act of 1947.
    ``(f) Review of Government Submission.--In all proceedings under 
this section, the court shall, upon the Federal Government's request, 
review the submission of the Government, which may include classified 
information, ex parte and in camera.''.
    (b) Chapter Analysis.--The chapter analysis for chapter 223 of 
title 18, United States Code is amended by inserting at the end the 
following:

        ``3511. Judicial review of request for information.''.

SEC. 3. CONFIDENTIALITY OF NATIONAL SECURITY LETTERS.

    (a) Title 18.--Section 2709(c) of title 18, United States Code, is 
amended to read:
    ``(c) Prohibition of Certain Disclosure.--
            ``(1) In general.--If the Director of the Federal Bureau of 
        Investigation, or his designee in a position now lower than 
        Deputy Assistant Director at Bureau headquarters or a Special 
        Agent in Charge in a Bureau field office designated by the 
        Director, certifies that otherwise there may result a danger to 
        the national security of the United States, interference with a 
        criminal, counterterrorism or counterintelligence 
        investigation, interference with diplomatic relations, or 
        danger to the life or physical safety of any person, no wire or 
        electronic communications service provider, or officer, 
        employee, or agent thereof, shall disclose to any person (other 
        than those to whom such disclosure is necessary in order to 
        comply with the request or an attorney to obtain legal advice 
        with respect to the request) that the Federal Bureau of 
        Investigation has sought or obtained access to information or 
        records under this section.
            ``(2) Notice.--A request under this section shall notify 
        the person or entity to whom the request is directed of the 
        nondisclosure requirement under paragraph (1).
            ``(3) Disclosure.--Any recipient of a request under this 
        section disclosing to those persons necessary to comply with 
        the request or to an attorney to obtain legal advice with 
        respect to the request shall inform such persons of any 
        applicable nondisclosure requirements. Any person who receives 
        such a disclosure under this subsection shall be subject to the 
        same prohibitions on disclosure as under paragraph (1).''.
    (b) Confidentiality of Disclosures to FBI.--Section 626(d) of the 
Fair Credit Reporting Act (15 U.S.C. 1681u(d)), as so designated by 
section 214(a)(1) of the Fair and Accurate Credit Transactions Act of 
2003 (Public Law 108-159, 117 Stat. 1980), is amended to read as 
follows:
    ``(c) Confidentiality.--
            ``(1) In general.--If the Director of the Federal Bureau of 
        Investigation, or the designee thereof in a position not lower 
        than Deputy Assistant Director at Bureau headquarters or a 
        Special Agent in Charge in a Bureau field office designated by 
        the Director, certifies that otherwise there may result a 
        danger to the national security of the United States, 
        interference with a criminal, counterterrorism, or 
        counterintelligence investigation, interference with diplomatic 
        relations, or danger to the life or physical safety of any 
        person, no consumer reporting agency, or officer, employee, or 
        agent of a consumer reporting agency--
                    ``(A) shall disclose to any person (other than 
                those to whom such disclosure is necessary in order to 
                comply with the request or an attorney to obtain legal 
                advice with respect to the request), that the Federal 
                Bureau of Investigation has sought or obtained the 
                identity of financial institutions or a consumer report 
                respecting any consumer under subsection (a), (b), or 
                (c); and
                    ``(B) shall include in any consumer report any 
                information that would indicate that the Federal Bureau 
                of Investigation has sought or obtained such 
                information on a consumer report.
            ``(2) Notice.--A request under this section shall notify 
        the person or entity to whom the request is directed of the 
        nondisclosure requirement under paragraph (1).
            ``(3) Prohibitions applicable to further disclosures.--Any 
        recipient of a request under this section disclosing to those 
        persons necessary to comply with the request or to an attorney 
        to obtain legal advice with respect to the request shall inform 
        such persons of any applicable nondisclosure requirements. Any 
        person who receives such a disclosure under this subsection 
        shall be subject to the same prohibitions on disclosure as 
        under paragraph (1).''.
    (c) Confidentiality of Disclosures to Other Government Agencies.--
Section 627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681v(c), as 
so designated by section 214(a)(1) of the Fair and Accurate Credit 
Transactions Act of 2003 (Public Law 108-159, 117 Stat. 1980), is 
amended to read as follows:
    ``(c) Confidentiality.--
            ``(1) In general.--If the head of a government agency 
        authorized to conduct investigations or intelligence or 
        counterintelligence activities or analysis related to 
        international terrorism, or the designee thereof, certifies 
        that otherwise there may result a danger to the national 
        security of the United States, interference with a criminal, 
        counterterrorism, or counterintelligence investigation, 
        interference with diplomatic relations, or danger to the life 
        or physical safety of any person, no consumer reporting agency, 
        or officer, employee, or agent of a consumer reporting agency, 
        shall disclose to any person (other than those to whom such 
        disclosure is necessary in order to comply with the request or 
        an attorney to obtain legal advice with respect to the 
        request), or specify in any consumer report, that a government 
        agency has sought or obtained access to information under 
        subsection (a).
            ``(2) Notice.--A request under this section shall notify 
        the person or entity to whom the request is directed of the 
        nondisclosure requirement under paragraph (1).
            ``(3) Prohibitions applicable to further disclosures.--Any 
        recipient disclosing to those persons necessary to comply with 
        a request or to an attorney to obtain legal advice with respect 
        to the request shall inform such persons of any applicable 
        nondisclosure requirements. Any person who receives such a 
        disclosure under this subsection shall be subject to the same 
        prohibitions on disclosure as under paragraph (1).''.
    (d) Right to Financial Privacy Act.--Section 1114(a)(5)(D) of the 
Right to Financial Privacy Act (12 U.S.C. 3414(a)(5)(D)) is amended to 
read as follows:
            ``(D) Prohibition of certain disclosure.--
                    ``(i) If the Director of the Federal Bureau of 
                Investigation, or the designee thereof in a position 
                not lower than Deputy Assistant Director at Bureau 
                headquarters or a Special Agent in Charge in a Bureau 
                field office designated by the Director, certifies that 
                otherwise there may result a danger to the national 
                security of the United States, interference with a 
                criminal, counterterrorism, or counterintelligence 
                investigation, interference with diplomatic relations, 
                or danger to the life or physical safety of any person, 
                financial institution, or officer, employee, or agent 
                of such institution, shall disclose to any person 
                (other than those to whom such disclosure is necessary 
                in order to comply with the request or an attorney to 
                obtain legal advice with respect to the request) that 
                the Federal Bureau of Investigation has sought or 
                obtained access to a customer's or entity's financial 
                records under this paragraph.
                    ``(ii) A request under this subsection shall notify 
                the person or entity to whom the request is directed of 
                the nondisclosure requirement under paragraph (1).
                    ``(iii) Any recipient disclosing to those persons 
                necessary to comply with the request or to an attorney 
                to obtain legal advice with respect to the request 
                shall inform such persons of any applicable 
                nondisclosure requirement. Any person who receives such 
                a disclosure under this subsection shall be subject to 
                the same prohibitions on disclosure as under clause 
                (i).''.
    (e) NSA.--Section 802(b) of the National Security Act of 1947 (50 
U.S.C. 436(b)) is amended to read as follows:
    ``(b) Prohibition of Certain Disclosure.--
            ``(1) In general.--If an authorized investigative agency 
        described in subsection (a) certifies that otherwise there may 
        result a danger to the national security of the United States, 
        interference with a criminal, counterterrorism, or 
        counterintelligence investigation, interference with diplomatic 
        relations, or danger to the life or physical safety of any 
        person, no governmental or private entity, or officer, 
        employee, or agent of such entity, may disclose to any person 
        (other than those to whom such disclosure is necessary in order 
        to comply with the request or an attorney to obtain legal 
        advice with respect to the request) that such entity has 
        received or satisfied a request made by an authorized 
        investigative agency under this section.
            ``(2) Notice.--The request shall notify the person or 
        entity to whom the request is directed of the nondisclosure 
        requirement under paragraph (1).
            ``(3) Disclosure.--Any recipient disclosing to those 
        persons necessary to comply with the request or to an attorney 
        to obtain legal advice with respect to the request shall inform 
        such persons of any applicable nondisclosure requirement. Any 
        person who receives a disclosure under this subsection shall be 
        subject to the same prohibitions on disclosure under paragraph 
        (1).''.

SEC. 4. VIOLATION OF NONDISCLOSURE PROVISIONS OF NATIONAL SECURITY 
              LETTER.

    Section 1510 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e) Penalty.--Whoever knowingly violates section 2709(c)(1) of 
this title, sections 626(d) or 627(c) of the Fair Credit Reporting Act 
(15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) 
of the Right to Financial Privacy Act (U.S.C. 3414(a)(3) or 
3414(a)(5)(D)), or section 802(b), of the National Security Act of 1947 
(50 U.S.C. 436(a)(5)(D)), or section 802(b) of the National Security 
Act of 1947 (50 U.S.C. 436(b)) shall be imprisoned for not more than 1 
year, and if the violation is committed with the intent to obstruct an 
investigation or judicial proceeding, shall be imprisoned for not more 
than 5 years.''.
                                 <all>