II 111th CONGRESS 1st Session S. 2336 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.

1.

Short title

This Act may be cited as the USA PATRIOT Reauthorization Act of 2009.

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.

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101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)), as added by subsection (a), is repealed effective December 31, 2013.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.

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. .