[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2369 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2369

To require a more reasonable period for delayed-notice search warrants, 
    to provide enhanced judicial review of FISA orders and national 
   security letters, to require an enhanced factual basis for a FISA 
    order, and to create national security letter sunset provisions.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2006

  Mr. Specter (for himself, Mr. Leahy, Ms. Murkowski, Mr. Sununu, Mr. 
     Feingold, Mr. Craig, Mr. Hagel, Mr. Durbin, Mr. Salazar, Mrs. 
  Feinstein, Mr. Obama, and Mr. Kerry) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require a more reasonable period for delayed-notice search warrants, 
    to provide enhanced judicial review of FISA orders and national 
   security letters, to require an enhanced factual basis for a FISA 
    order, and to create national security letter sunset provisions.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. LIMITATION ON REASONABLE PERIOD FOR DELAY.

    Section 3103a(b)(3) of title 18, United States Code, is amended by 
striking ``30 days'' and inserting ``7 days''.

SEC. 2. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY LETTERS.

    (a) FISA.--Subsection (f)(2) of section 501 of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended
            (1) in subparagraph (A)(i)--
                    (A) by striking ``a production order'' and 
                inserting ``a production order or nondisclosure 
                order''; and
                    (B) by striking ``Not less than 1 year'' and all 
                that follows through the end of the clause;
            (2) in subparagraph (A)(ii), by striking ``production order 
        or nondisclosure''; and
            (3) in subparagraph (C), by striking clause (ii) and 
        redesignating clause (iii) as clause (ii).
    (b) Judicial Review of National Security Letters.--Section 3511(b) 
of title 18, United States Code, is amended--
            (1) in paragraph (2), by striking ``If, at the time of the 
        petition,'' and all that follows through the end of the 
        paragraph; and
            (2) in paragraph (3), by striking ``If the recertification 
        that disclosure may'' and all that follows through ``made in 
        bad faith.''.

SEC. 3. FACTUAL BASIS FOR REQUESTED ORDER.

    Section 501(b)(2)(A) of the Foreign Intelligence Surveillance Act 
of 1978 (50 U.S.C. 1861(b)(2)(A)) is amended to read as follows:
                    ``(A) a statement of facts showing that there are 
                reasonable grounds to believe that the records or other 
                things sought--
                            ``(i) are relevant to an authorized 
                        investigation (other than a threat assessment) 
                        conducted in accordance with subsection (a)(2) 
                        to obtain foreign intelligence information not 
                        concerning a United States person or to protect 
                        against international terrorism or clandestine 
                        intelligence activities; and
                            ``(ii) either--
                                    ``(I) pertain to a foreign power or 
                                an agent of a foreign power;
                                    ``(II) are relevant to the 
                                activities of a suspected agent of a 
                                foreign power who is the subject of 
                                such authorized investigation; or
                                    ``(III) pertain to an individual in 
                                contact with, or known to, a suspected 
                                agent of a foreign power; and''.

SEC. 4. NATIONAL SECURITY LETTER SUNSET.

    Section 102 of the USA PATRIOT Improvement and Reauthorization Act 
of 2005 (H.R. 3199, 109th Congress, 2d Session) is amended by adding at 
the end the following:
    ``(c) Other Sunsets.--
            ``(1) In general.--Effective December 31, 2009, the 
        following provisions are amended so that they read as they read 
        on February 27, 2006:
                    ``(A) Section 2709 of title 18, United States Code.
                    ``(B) Sections 626 and 627 of the Fair Credit 
                Reporting Act (15 U.S.C. 1681u, 1681v).
                    ``(C) Section 1114 of the Right to Financial 
                Privacy Act (12 U.S.C. 3414).
                    ``(D) Section 802 of the National Security Act of 
                1947 (50 U.S.C. 436).
            ``(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.''.

SEC. 5. RULE OF CONSTRUCTION.

    Amendments to provisions of law made by this Act are to such 
provisions, as amended by the USA PATRIOT Improvement and 
Reauthorization Act of 2005 (H.R. 3199, 109th Congress, 2d Session) and 
by the USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 
(S. 2271, 109th Congress, 2d Session).
                                 <all>