Amends the federal criminal code to: (1) reduce from 30 to seven days after the issuance of a warrant the period in which notice must be given to the subject of the warrant that it was issued to search for and seize any property or material that constitutes evidence of a criminal offense; and (2) repeal provisions treating as conclusive the certification of the Attorney General or the Director of the Federal Bureau of Investigation that certain disclosures of information endanger national security.
Amends the Foreign Intelligence Surveillance Act (FISA) to: (1) authorize judicial review of nondisclosure orders (orders prohibiting persons from disclosing that the Federal Bureau of Investigation (FBI) has sought information); (2) repeal the requirement prohibiting judicial review of production or nondisclosure orders until one year after such order.
Requires a production order (an order from the FBI Director to produce any tangible thing, such a book, document, or record) to either: (1) pertain to a foreign power, agent of a foreign power, or an individual in contact with, or known to, a suspected agent of a foreign power; or (2) be relevant to the activities of a suspected agent of a foreign power who is the subject of the authorized investigation.
Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to sunset, as of December 31, 2009, the national security letter authority provisions added to the federal criminal code, the Fair Credit Reporting Act, the Right to Financial Privacy Act, and the National Security Act of 1947.
[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>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1791-1792)
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S1792-1793)
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