[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2336 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2336

 To safeguard intelligence collection and enact a fair and responsible 
    reauthorization of the 3 expiring provisions of the USA PATRIOT 
                 Improvements and Reauthorization Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

Mr. Sessions (for himself, Mr. Lieberman, and Mr. Bond) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To safeguard intelligence collection and enact a fair and responsible 
    reauthorization of the 3 expiring provisions of the USA PATRIOT 
                 Improvements and Reauthorization Act.

    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 ``USA PATRIOT Reauthorization Act of 
2009''.

SEC. 2. USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT SUNSET 
              PROVISIONS.

    (a) In General.--Section 102(b)(1) of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 
note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by 
striking ``2009'' and inserting ``2013''.
    (b) Conforming Amendments.--
            (1) In general.--Section 601(a)(1)(D) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(1)(D)) 
        is amended by striking ``section 501;'' and inserting ``section 
        502 or under section 501 pursuant to section 102(b)(2) the USA 
        PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 
        109-177; 50 U.S.C. 1861 note);''.
            (2) Application under section 404 of the fisa amendments 
        act of 2008.--Section 404(b)(4)(A) of the FISA Amendments Act 
        of 2008 (Public Law 110-261; 122 Stat. 2477) is amended by 
        striking the period at the end and inserting ``, except that 
        paragraph (1)(D) of such section 601(a) shall be applied as if 
        it read as follows:
                    `(D) access to records under section 502 or under 
                section 501 pursuant to section 102(b)(2) the USA 
                PATRIOT Improvement and Reauthorization Act of 2005 
                (Public Law 109-177; 50 U.S.C. 1861 note);'.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on December 31, 2013.

SEC. 3. EXTENSION OF SUNSET RELATING TO INDIVIDUAL TERRORISTS AS AGENTS 
              OF FOREIGN POWERS.

    (a) In General.--Section 6001(b) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 
note) is amended to read as follows:
    ``(b) Sunset.--
            ``(1) Repeal.--Subparagraph (C) of section 101(b)(1) of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
        1801(b)(1)), as added by subsection (a), is repealed effective 
        December 31, 2013.
            ``(2) Transition provision.--Notwithstanding paragraph (1), 
        subparagraph (C) of section 101(b)(1) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) 
        shall continue to apply after December 31, 2013, with respect 
        to any particular foreign intelligence investigation or with 
        respect to any particular offense or potential offense that 
        began or occurred before December 31, 2013.''.
    (b) Conforming Amendment.--
            (1) In general.--Section 601(a)(2) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(2)) is 
        amended by striking the semicolon at the end and inserting 
        ``pursuant to subsection (b)(2) of section 6001 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 50 U.S.C. 1801 note);''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on December 31, 2013.

SEC. 4. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

    Section 3511(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Nondisclosure.--
            ``(1) In general.--
                    ``(A) Notice.--If a recipient of a request or order 
                for a report, records, or other information under 
                section 2709 of this title, section 626 or 627 of the 
                Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), 
                section 1114 of the Right to Financial Privacy Act of 
                1978 (12 U.S.C. 3414), or section 802 of the National 
                Security Act of 1947 (50 U.S.C. 436), wishes to have a 
                court review a nondisclosure requirement imposed in 
                connection with the request or order, the recipient 
                shall notify the Government.
                    ``(B) Application.--Not later than 30 days after 
                the date of receipt of a notification under 
                subparagraph (A), the Government shall apply for an 
                order prohibiting the disclosure of the existence or 
                contents of the relevant request or order. An 
                application under this subparagraph may be filed in the 
                district court of the United States for any district 
                within which the authorized investigation that is the 
                basis for the request or order is being conducted. The 
                applicable nondisclosure requirement shall remain in 
                effect during the pendency of proceedings relating to 
                the requirement.
                    ``(C) Consideration.--A district court of the 
                United States that receives an application under 
                subparagraph (B) should rule expeditiously, and shall, 
                subject to paragraph (3), issue a nondisclosure order 
                that includes conditions appropriate to the 
                circumstances.
            ``(2) Application contents.--An application for a 
        nondisclosure order or extension thereof under this subsection 
        shall include a certification from the Attorney General, Deputy 
        Attorney General, an Assistant Attorney General, or the 
        Director of the Federal Bureau of Investigation, or in the case 
        of a request by a department, agency, or instrumentality of the 
        Federal Government other than the Department of Justice, the 
        head or deputy head of the department, agency, or 
        instrumentality, containing a statement of specific facts 
        indicating that, absent a prohibition of disclosure under this 
        subsection, there may result--
                    ``(A) a danger to the national security of the 
                United States;
                    ``(B) interference with a criminal, 
                counterterrorism, or counterintelligence investigation;
                    ``(C) interference with diplomatic relations; or
                    ``(D) danger to the life or physical safety of any 
                person.
            ``(3) Standard.--A district court of the United States 
        shall issue a nondisclosure requirement order or extension 
        thereof under this subsection if the court determines, giving 
        substantial weight to the certification under paragraph (2) 
        that there is reason to believe that disclosure of the 
        information subject to the nondisclosure requirement during the 
        applicable time period will result in--
                    ``(A) a danger to the national security of the 
                United States;
                    ``(B) interference with a criminal, 
                counterterrorism, or counterintelligence investigation;
                    ``(C) interference with diplomatic relations; or
                    ``(D) danger to the life or physical safety of any 
                person.''.
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