II 

109TH CONGRESS 

1ST SESSION S. 1680 

To reform the issuance of national security letters. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2005 

Mr. CORNYN introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL

To reform the issuance of national security letters.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Security Let5 ter Reform Act of 2005’’. 

6 SEC. 2. JUDICIAL REVIEW OF NATIONAL SECURITY LET7 TERS. 

8 (a) IN GENERAL.—Chapter 223 of title 18, United 

9 States Code, is amended by inserting after section 3510 

10 the following: 

11 ‘‘§ 3511. Judicial review of requests for information 

12 ‘‘(a) PETITION BY RECIPIENT.— 
2

•S 1680 IS

1 ‘‘(1) IN GENERAL.—The recipient of a request 

2 for records, a report, or other information under sec3 tion 2709(b) of this title, section 626(a) or (b) or 

4 627(a) of the Fair Credit Reporting Act, section 

5 1114(a)(5)(A) of the Right to Financial Privacy Act, 

6 or section 802(a) of the National Security Act of 

7 1947 may, in the United States district court for the 

8 district in which that person or entity does business 

9 or resides, petition for an order modifying or setting 

10 aside the request. 

11 ‘‘(2) COURT ACTION.—The court may modify or 

12 set aside a request under this section if compliance 

13 would be unreasonable or oppressive. 

14 ‘‘(b) MODIFICATIONS OF NONDISCLOSURE REQUIRE15 MENT.— 

16 ‘‘(1) PETITIONS.—The recipient of a request 

17 for records, a report, or other information under sec18 tion 2709(b) of this title, section 626(a) or (b) or 

19 627(a) of the Fair Credit Reporting Act, section 

20 1114(a)(5)(A) of the Right to Financial Privacy Act, 

21 or section 802(a) of the National Security Act of 

22 1947, may petition any court described in subsection 

23 (a) for an order modifying or setting aside a non24 disclosure requirement imposed in connection with 

25 such a request. 
3

•S 1680 IS

1 ‘‘(2) WITHIN 1 YEAR.— 

2 ‘‘(A) IN GENERAL.—If the petition under 

3 paragraph (1) is filed not later than 1 year 

4 after the request for records, a report, or other 

5 information under section 2709(b) of this title, 

6 section 626(a) or (b) or 627(a) of the Fair 

7 Credit Reporting Act, section 1114(a)(5)(A) of 

8 the Right to Financial Privacy Act, or section 

9 802(a) of the National Security Act of 1947, 

10 the court may modify or set aside such a non11 disclosure requirement if it finds that there is 

12 no reason to believe that disclosure may endan13 ger the national security of the United States, 

14 interfere with a criminal, counterterrorism, or 

15 counterintelligence investigation interfere with 

16 diplomatic relations, or endanger the life or 

17 physical safety of any person. 

18 ‘‘(B) EFFECT OF CERTIFICATION.—The 

19 certification made at the time of the request 

20 that disclosure may endanger the national secu21 rity of the United States or interfere with diplo22 matic relations shall be treated as conclusive 

23 under this paragraph unless the court finds 

24 that the certification was made in bad faith. 

25 ‘‘(3) AFTER 1 YEAR.— 
4

•S 1680 IS

1 ‘‘(A) IN GENERAL.—If the petition is filed 

2 1 year or more after the request for records, a 

3 report, or other information under section 

4 2709(b) of this title, section 626(a) or (b) or 

5 627(a) of the Fair Credit Reporting Act, sec6 tion 1114(a)(5)(A) of the Right to Financial 

7 Privacy Act, or section 802(a) of the National 

8 Security Act of 1947, the issuing officer, within 

9 90 days of the filing of the petition, shall either 

10 terminate the nondisclosure requirement or re11 certify that disclosure may result in danger to 

12 the national security of the United States, in13 terference with a criminal, counterterrorism, or 

14 counterintelligence investigation, interference 

15 with diplomatic relations, or danger to the life 

16 or physical safety of any person. 

17 ‘‘(B) RECERTIFICATION.—In the event of 

18 recertification under this paragraph, the court 

19 may modify or set aside such a nondisclosure 

20 requirement if it finds that there is no reason 

21 to believe that disclosure may endanger the na22 tional security of the United States, interfere 

23 with a criminal, counterterrorism, or counter24 intelligence investigation, interfere with diplo-
5

•S 1680 IS

1 matic relations, or endanger the life or physical 

2 safety of any person. 

3 ‘‘(C) CONCLUSIVE.—The recertification 

4 that disclosure may endanger the national secu5 rity of the United States or interfere with diplo6 matic relations under this paragraph shall be 

7 treated as conclusive unless the court finds that 

8 the recertification was made in bad faith. 

9 ‘‘(D) EFFECT OF DENIAL.—If the court 

10 denies a petition for an order modifying or set11 ting aside a nondisclosure requirement under 

12 this paragraph, the recipient shall be precluded 

13 for a period of 1 year from filing another peti14 tion to modify or set aside such nondisclosure 

15 requirement. 

16 ‘‘(c) COMPLIANCE.— 

17 ‘‘(1) EFFECT OF FAILURE.—In the case of a 

18 failure to comply with a request for records, a re19 port, or other information made to any person or en20 tity under section 2709(b) of this title, section 

21 626(a) or (b) or 627(a) of the Fair Credit Reporting 

22 Act, section 1114(a)(5)(A) of the Right to Financial 

23 Privacy Act, or section 802(a) of the National Secu24 rity Act of 1947, the Attorney General may invoke 

25 the aid of any court of the United States within the 
6

•S 1680 IS

1 jurisdiction in which the investigation is carried on 

2 or the person or entity resides, carries on business, 

3 or may be found, to compel compliance with the re4 quest. 

5 ‘‘(2) ORDER.—The court under paragraph (1) 

6 may issue an order requiring the person or entity to 

7 comply with the request. 

8 ‘‘(3) CONTEMPT.—Any failure to obey the order 

9 of the court under this subsection may be punished 

10 by the court as contempt thereof. 

11 ‘‘(d) PROCESS.—Any process under this section may 

12 be served in any judicial district in which the person or 

13 entity may be found. 

14 ‘‘(e) PROCEEDINGS.— 

15 ‘‘(1) CLOSED HEARING.—In all proceedings 

16 under this section, subject to any right to an open 

17 hearing in a contempt proceeding, the court shall 

18 close any hearing to the extent necessary to prevent 

19 an unauthorized disclosure of a request for records, 

20 a report, or other information made to any person 

21 or entity under section 2709(b) of this title, section 

22 626(a) or (b) or 627(a) of the Fair Credit Reporting 

23 Act, section 1114(a)(5)(A) of the Right to Financial 

24 Privacy Act, or section 802(a) of the National Secu25 rity Act of 1947. 
7

•S 1680 IS

1 ‘‘(2) UNDER SEAL.—Petitions, filings, records, 

2 orders, and subpoenas in proceedings under this sec3 tion shall be kept under seal to the extent and as 

4 long as necessary to prevent the unauthorized disclo5 sure of a request for records, a report, or other in6 formation made to any person or entity under sec7 tion 2709(b) of this title, section 626(a) or (b) or 

8 627(a) of the Fair Credit Reporting Act, section 

9 1114(a)(5)(A) of the Right to Financial Privacy Act, 

10 or section 802(a) of the National Security Act of 

11 1947. 

12 ‘‘(f) REVIEW OF GOVERNMENT SUBMISSION.—In all 

13 proceedings under this section, the court shall, upon the 

14 Federal Government’s request, review the submission of 

15 the Government, which may include classified information, 

16 ex parte and in camera.’’. 

17 (b) CHAPTER ANALYSIS.—The chapter analysis for 

18 chapter 223 of title 18, United States Code is amended 

19 by inserting at the end the following:

‘‘3511. Judicial review of request for information.’’.

20 SEC. 3. CONFIDENTIALITY OF NATIONAL SECURITY LET21 TERS. 

22 (a) TITLE 18.—Section 2709(c) of title 18, United 

23 States Code, is amended to read: 

24 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.— 
8

•S 1680 IS

1 ‘‘(1) IN GENERAL.—If the Director of the Fed2 eral Bureau of Investigation, or his designee in a po3 sition now lower than Deputy Assistant Director at 

4 Bureau headquarters or a Special Agent in Charge 

5 in a Bureau field office designated by the Director, 

6 certifies that otherwise there may result a danger to 

7 the national security of the United States, inter8 ference with a criminal, counterterrorism or counter9 intelligence investigation, interference with diplo10 matic relations, or danger to the life or physical 

11 safety of any person, no wire or electronic commu12 nications service provider, or officer, employee, or 

13 agent thereof, shall disclose to any person (other 

14 than those to whom such disclosure is necessary in 

15 order to comply with the request or an attorney to 

16 obtain legal advice with respect to the request) that 

17 the Federal Bureau of Investigation has sought or 

18 obtained access to information or records under this 

19 section. 

20 ‘‘(2) NOTICE.—A request under this section 

21 shall notify the person or entity to whom the request 

22 is directed of the nondisclosure requirement under 

23 paragraph (1). 

24 ‘‘(3) DISCLOSURE.—Any recipient of a request 

25 under this section disclosing to those persons nec-
9

•S 1680 IS

1 essary to comply with the request or to an attorney 

2 to obtain legal advice with respect to the request 

3 shall inform such persons of any applicable non4 disclosure requirements. Any person who receives 

5 such a disclosure under this subsection shall be sub6 ject to the same prohibitions on disclosure as under 

7 paragraph (1).’’. 

8 (b) CONFIDENTIALITY OF DISCLOSURES TO FBI.—

9 Section 626(d) of the Fair Credit Reporting Act (15 

10 U.S.C. 1681u(d)), as so designated by section 214(a)(1) 

11 of the Fair and Accurate Credit Transactions Act of 2003 

12 (Public Law 108–159, 117 Stat. 1980), is amended to 

13 read as follows: 

14 ‘‘(c) CONFIDENTIALITY.— 

15 ‘‘(1) IN GENERAL.—If the Director of the Fed16 eral Bureau of Investigation, or the designee thereof 

17 in a position not lower than Deputy Assistant Direc18 tor at Bureau headquarters or a Special Agent in 

19 Charge in a Bureau field office designated by the 

20 Director, certifies that otherwise there may result a 

21 danger to the national security of the United States, 

22 interference with a criminal, counterterrorism, or 

23 counterintelligence investigation, interference with 

24 diplomatic relations, or danger to the life or physical 

25 safety of any person, no consumer reporting agency, 
10

•S 1680 IS

1 or officer, employee, or agent of a consumer report2 ing agency— 

3 ‘‘(A) shall disclose to any person (other 

4 than those to whom such disclosure is necessary 

5 in order to comply with the request or an attor6 ney to obtain legal advice with respect to the re7 quest), that the Federal Bureau of Investiga8 tion has sought or obtained the identity of fi9 nancial institutions or a consumer report re10 specting any consumer under subsection (a), 

11 (b), or (c); and 

12 ‘‘(B) shall include in any consumer report 

13 any information that would indicate that the 

14 Federal Bureau of Investigation has sought or 

15 obtained such information on a consumer re16 port. 

17 ‘‘(2) NOTICE.—A request under this section 

18 shall notify the person or entity to whom the request 

19 is directed of the nondisclosure requirement under 

20 paragraph (1). 

21 ‘‘(3) PROHIBITIONS APPLICABLE TO FURTHER

22 DISCLOSURES.—Any recipient of a request under 

23 this section disclosing to those persons necessary to 

24 comply with the request or to an attorney to obtain 

25 legal advice with respect to the request shall inform 
11

•S 1680 IS

1 such persons of any applicable nondisclosure require2 ments. Any person who receives such a disclosure 

3 under this subsection shall be subject to the same 

4 prohibitions on disclosure as under paragraph (1).’’. 

5 (c) CONFIDENTIALITY OF DISCLOSURES TO OTHER

6 GOVERNMENT AGENCIES.—Section 627(c) of the Fair 

7 Credit Reporting Act (15 U.S.C. 1681v(c), as so des8 ignated by section 214(a)(1) of the Fair and Accurate 

9 Credit Transactions Act of 2003 (Public Law 108–159, 

10 117 Stat. 1980), is amended to read as follows: 

11 ‘‘(c) CONFIDENTIALITY.— 

12 ‘‘(1) IN GENERAL.—If the head of a govern13 ment agency authorized to conduct investigations or 

14 intelligence or counterintelligence activities or anal15 ysis related to international terrorism, or the des16 ignee thereof, certifies that otherwise there may re17 sult a danger to the national security of the United 

18 States, interference with a criminal, 

19 counterterrorism, or counterintelligence investiga20 tion, interference with diplomatic relations, or dan21 ger to the life or physical safety of any person, no 

22 consumer reporting agency, or officer, employee, or 

23 agent of a consumer reporting agency, shall disclose 

24 to any person (other than those to whom such dis25 closure is necessary in order to comply with the re-
12

•S 1680 IS

1 quest or an attorney to obtain legal advice with re2 spect to the request), or specify in any consumer re3 port, that a government agency has sought or ob4 tained access to information under subsection (a). 

5 ‘‘(2) NOTICE.—A request under this section 

6 shall notify the person or entity to whom the request 

7 is directed of the nondisclosure requirement under 

8 paragraph (1). 

9 ‘‘(3) PROHIBITIONS APPLICABLE TO FURTHER

10 DISCLOSURES.—Any recipient disclosing to those 

11 persons necessary to comply with a request or to an 

12 attorney to obtain legal advice with respect to the 

13 request shall inform such persons of any applicable 

14 nondisclosure requirements. Any person who receives 

15 such a disclosure under this subsection shall be sub16 ject to the same prohibitions on disclosure as under 

17 paragraph (1).’’. 

18 (d) RIGHT TO FINANCIAL PRIVACY ACT.—Section 

19 1114(a)(5)(D) of the Right to Financial Privacy Act (12 

20 U.S.C. 3414(a)(5)(D)) is amended to read as follows: 

21 ‘‘(D) PROHIBITION OF CERTAIN DISCLOSURE.— 

22 ‘‘(i) If the Director of the Federal Bureau 

23 of Investigation, or the designee thereof in a po24 sition not lower than Deputy Assistant Director 

25 at Bureau headquarters or a Special Agent in 
13

•S 1680 IS

1 Charge in a Bureau field office designated by 

2 the Director, certifies that otherwise there may 

3 result a danger to the national security of the 

4 United States, interference with a criminal, 

5 counterterrorism, or counterintelligence inves6 tigation, interference with diplomatic relations, 

7 or danger to the life or physical safety of any 

8 person, financial institution, or officer, em9 ployee, or agent of such institution, shall dis10 close to any person (other than those to whom 

11 such disclosure is necessary in order to comply 

12 with the request or an attorney to obtain legal 

13 advice with respect to the request) that the 

14 Federal Bureau of Investigation has sought or 

15 obtained access to a customer’s or entity’s fi16 nancial records under this paragraph. 

17 ‘‘(ii) A request under this subsection shall 

18 notify the person or entity to whom the request 

19 is directed of the nondisclosure requirement 

20 under paragraph (1). 

21 ‘‘(iii) Any recipient disclosing to those per22 sons necessary to comply with the request or to 

23 an attorney to obtain legal advice with respect 

24 to the request shall inform such persons of any 

25 applicable nondisclosure requirement. Any per-
14

•S 1680 IS

1 son who receives such a disclosure under this 

2 subsection shall be subject to the same prohibi3 tions on disclosure as under clause (i).’’. 

4 (e) NSA.—Section 802(b) of the National Security 

5 Act of 1947 (50 U.S.C. 436(b)) is amended to read as 

6 follows: 

7 ‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— 

8 ‘‘(1) IN GENERAL.—If an authorized investiga9 tive agency described in subsection (a) certifies that 

10 otherwise there may result a danger to the national 

11 security of the United States, interference with a 

12 criminal, counterterrorism, or counterintelligence in13 vestigation, interference with diplomatic relations, or 

14 danger to the life or physical safety of any person, 

15 no governmental or private entity, or officer, em16 ployee, or agent of such entity, may disclose to any 

17 person (other than those to whom such disclosure is 

18 necessary in order to comply with the request or an 

19 attorney to obtain legal advice with respect to the 

20 request) that such entity has received or satisfied a 

21 request made by an authorized investigative agency 

22 under this section. 

23 ‘‘(2) NOTICE.—The request shall notify the per24 son or entity to whom the request is directed of the 

25 nondisclosure requirement under paragraph (1). 
15

•S 1680 IS

1 ‘‘(3) DISCLOSURE.—Any recipient disclosing to 

2 those persons necessary to comply with the request 

3 or to an attorney to obtain legal advice with respect 

4 to the request shall inform such persons of any ap5 plicable nondisclosure requirement. Any person who 

6 receives a disclosure under this subsection shall be 

7 subject to the same prohibitions on disclosure under 

8 paragraph (1).’’. 

9 SEC. 4. VIOLATION OF NONDISCLOSURE PROVISIONS OF 

10 NATIONAL SECURITY LETTER. 

11 Section 1510 of title 18, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘(e) PENALTY.—Whoever knowingly violates section 

14 2709(c)(1) of this title, sections 626(d) or 627(c) of the 

15 Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 

16 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the 

17 Right to Financial Privacy Act (U.S.C. 3414(a)(3) or 

18 3414(a)(5)(D)), or section 802(b), of the National Secu19 rity Act of 1947 (50 U.S.C. 436(a)(5)(D)), or section 

20 802(b) of the National Security Act of 1947 (50 U.S.C. 

21 436(b)) shall be imprisoned for not more than 1 year, and 

22 if the violation is committed with the intent to obstruct 

23 an investigation or judicial proceeding, shall be imprisoned 

24 for not more than 5 years.’’.

Æ