II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. LIMITATION ON REASONABLE PERIOD FOR 

4 DELAY. 

5 Section 3103a(b)(3) of title 18, United States Code, 

6 is amended by striking ‘‘30 days’’ and inserting ‘‘7 days’’. 


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•S 2369 IS

1 SEC. 2. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL 

2 SECURITY LETTERS. 

3 (a) FISA.—Subsection (f)(2) of section 501 of the 

4 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

5 1861) is amended 

6 (1) in subparagraph (A)(i)— 

7 (A) by striking ‘‘a production order’’ and 

8 inserting ‘‘a production order or nondisclosure 

9 order’’; and 

10 (B) by striking ‘‘Not less than 1 year’’ and 

11 all that follows through the end of the clause; 

12 (2) in subparagraph (A)(ii), by striking ‘‘pro13 duction order or nondisclosure’’; and 

14 (3) in subparagraph (C), by striking clause (ii) 

15 and redesignating clause (iii) as clause (ii). 

16 (b) JUDICIAL REVIEW OF NATIONAL SECURITY LET17 TERS.—Section 3511(b) of title 18, United States Code, 

18 is amended— 

19 (1) in paragraph (2), by striking ‘‘If, at the 

20 time of the petition,’’ and all that follows through 

21 the end of the paragraph; and 

22 (2) in paragraph (3), by striking ‘‘If the recer23 tification that disclosure may’’ and all that follows 

24 through ‘‘made in bad faith.’’. 


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•S 2369 IS

1 SEC. 3. FACTUAL BASIS FOR REQUESTED ORDER. 

2 Section 501(b)(2)(A) of the Foreign Intelligence Sur3 veillance Act of 1978 (50 U.S.C. 1861(b)(2)(A)) is amend4 ed to read as follows: 

5 ‘‘(A) a statement of facts showing that 

6 there are reasonable grounds to believe that the 

7 records or other things sought— 

8 ‘‘(i) are relevant to an authorized in9 vestigation (other than a threat assess10 ment) conducted in accordance with sub11 section (a)(2) to obtain foreign intelligence 

12 information not concerning a United 

13 States person or to protect against inter14 national terrorism or clandestine intel15 ligence activities; and 

16 ‘‘(ii) either— 

17 ‘‘(I) pertain to a foreign power or 

18 an agent of a foreign power; 

19 ‘‘(II) are relevant to the activities 

20 of a suspected agent of a foreign 

21 power who is the subject of such au22 thorized investigation; or 

23 ‘‘(III) pertain to an individual in 

24 contact with, or known to, a suspected 

25 agent of a foreign power; and’’. 


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•S 2369 IS

1 SEC. 4. NATIONAL SECURITY LETTER SUNSET. 

2 Section 102 of the USA PATRIOT Improvement and 

3 Reauthorization Act of 2005 (H.R. 3199, 109th Congress, 

4 2d Session) is amended by adding at the end the following: 

5 ‘‘(c) OTHER SUNSETS.— 

6 ‘‘(1) IN GENERAL.—Effective December 31, 

7 2009, the following provisions are amended so that 

8 they read as they read on February 27, 2006: 

9 ‘‘(A) Section 2709 of title 18, United 

10 States Code. 

11 ‘‘(B) Sections 626 and 627 of the Fair 

12 Credit Reporting Act (15 U.S.C. 1681u, 

13 1681v). 

14 ‘‘(C) Section 1114 of the Right to Finan15 cial Privacy Act (12 U.S.C. 3414). 

16 ‘‘(D) Section 802 of the National Security 

17 Act of 1947 (50 U.S.C. 436). 

18 ‘‘(2) EXCEPTION.—With respect to any par19 ticular foreign intelligence investigation that began 

20 before the date on which the provisions referred to 

21 in paragraph (1) cease to have effect, or with re22 spect to any particular offense or potential offense 

23 that began or occurred before the date on which 

24 such provisions cease to have effect, such provisions 

25 shall continue in effect.’’. 


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•S 2369 IS

1 SEC. 5. RULE OF CONSTRUCTION. 

2 Amendments to provisions of law made by this Act 

3 are to such provisions, as amended by the USA PATRIOT 

4 Improvement and Reauthorization Act of 2005 (H.R. 

5 3199, 109th Congress, 2d Session) and by the USA PA6 TRIOT Act Additional Reauthorizing Amendments Act of 

7 2006 (S. 2271, 109th Congress, 2d Session). 

Æ 


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