II 

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. 

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 ‘‘USA PATRIOT Reau5 thorization Act of 2009’’. 


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1 SEC. 2. USA PATRIOT IMPROVEMENT AND REAUTHORIZA2 TION ACT SUNSET PROVISIONS. 

3 (a) IN GENERAL.—Section 102(b)(1) of the USA 

4 PATRIOT Improvement and Reauthorization Act of 2005 

5 (Public Law 109–177; 50 U.S.C. 1805 note, 50 U.S.C. 

6 1861 note, and 50 U.S.C. 1862 note) is amended by strik7 ing ‘‘2009’’ and inserting ‘‘2013’’. 

8 (b) CONFORMING AMENDMENTS.— 

9 (1) IN GENERAL.—Section 601(a)(1)(D) of the 

10 Foreign Intelligence Surveillance Act of 1978 (50 

11 U.S.C. 1871(a)(1)(D)) is amended by striking ‘‘sec12 tion 501;’’ and inserting ‘‘section 502 or under sec13 tion 501 pursuant to section 102(b)(2) the USA PA14 TRIOT Improvement and Reauthorization Act of 

15 2005 (Public Law 109–177; 50 U.S.C. 1861 note);’’. 

16 (2) APPLICATION UNDER SECTION 404 OF THE

17 FISA AMENDMENTS ACT OF 2008.—Section 

18 404(b)(4)(A) of the FISA Amendments Act of 2008 

19 (Public Law 110–261; 122 Stat. 2477) is amended 

20 by striking the period at the end and inserting ‘‘, ex21 cept that paragraph (1)(D) of such section 601(a) 

22 shall be applied as if it read as follows: 

23 ‘(D) access to records under section 502 or 

24 under section 501 pursuant to section 

25 102(b)(2) the USA PATRIOT Improvement 


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1 and Reauthorization Act of 2005 (Public Law 

2 109–177; 50 U.S.C. 1861 note);’.’’. 

3 (3) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall take effect on December 31, 

5 2013. 

6 SEC. 3. EXTENSION OF SUNSET RELATING TO INDIVIDUAL 

7 TERRORISTS AS AGENTS OF FOREIGN POW8 ERS. 

9 (a) IN GENERAL.—Section 6001(b) of the Intel10 ligence Reform and Terrorism Prevention Act of 2004 

11 (Public Law 108–458; 50 U.S.C. 1801 note) is amended 

12 to read as follows: 

13 ‘‘(b) SUNSET.— 

14 ‘‘(1) REPEAL.—Subparagraph (C) of section 

15 101(b)(1) of the Foreign Intelligence Surveillance 

16 Act of 1978 (50 U.S.C. 1801(b)(1)), as added by 

17 subsection (a), is repealed effective December 31, 

18 2013. 

19 ‘‘(2) TRANSITION PROVISION.—Notwithstanding 

20 paragraph (1), subparagraph (C) of section 

21 101(b)(1) of the Foreign Intelligence Surveillance 

22 Act of 1978 (50 U.S.C. 1801(b)(1)) shall continue 

23 to apply after December 31, 2013, with respect to 

24 any particular foreign intelligence investigation or 

25 with respect to any particular offense or potential ofVerDate Nov 24 2008 22:12 Nov 02, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2336.IS S2336

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1 fense that began or occurred before December 31, 

2 2013.’’. 

3 (b) CONFORMING AMENDMENT.— 

4 (1) IN GENERAL.—Section 601(a)(2) of the 

5 Foreign Intelligence Surveillance Act of 1978 (50 

6 U.S.C. 1871(a)(2)) is amended by striking the semi7 colon at the end and inserting ‘‘pursuant to sub8 section (b)(2) of section 6001 of the Intelligence Re9 form and Terrorism Prevention Act of 2004 (Public 

10 Law 108–458; 50 U.S.C. 1801 note);’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by paragraph (1) shall take effect on December 31, 

13 2013. 

14 SEC. 4. JUDICIAL REVIEW OF NATIONAL SECURITY LET15 TERS. 

16 Section 3511(b) of title 18, United States Code, is 

17 amended to read as follows: 

18 ‘‘(b) NONDISCLOSURE.— 

19 ‘‘(1) IN GENERAL.— 

20 ‘‘(A) NOTICE.—If a recipient of a request 

21 or order for a report, records, or other informa22 tion under section 2709 of this title, section 

23 626 or 627 of the Fair Credit Reporting Act 

24 (15 U.S.C. 1681u and 1681v), section 1114 of 

25 the Right to Financial Privacy Act of 1978 (12 


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1 U.S.C. 3414), or section 802 of the National 

2 Security Act of 1947 (50 U.S.C. 436), wishes 

3 to have a court review a nondisclosure require4 ment imposed in connection with the request or 

5 order, the recipient shall notify the Govern6 ment. 

7 ‘‘(B) APPLICATION.—Not later than 30 

8 days after the date of receipt of a notification 

9 under subparagraph (A), the Government shall 

10 apply for an order prohibiting the disclosure of 

11 the existence or contents of the relevant request 

12 or order. An application under this subpara13 graph may be filed in the district court of the 

14 United States for any district within which the 

15 authorized investigation that is the basis for the 

16 request or order is being conducted. The appli17 cable nondisclosure requirement shall remain in 

18 effect during the pendency of proceedings relat19 ing to the requirement. 

20 ‘‘(C) CONSIDERATION.—A district court of 

21 the United States that receives an application 

22 under subparagraph (B) should rule expedi23 tiously, and shall, subject to paragraph (3), 

24 issue a nondisclosure order that includes condi25 tions appropriate to the circumstances. 


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1 ‘‘(2) APPLICATION CONTENTS.—An application 

2 for a nondisclosure order or extension thereof under 

3 this subsection shall include a certification from the 

4 Attorney General, Deputy Attorney General, an As5 sistant Attorney General, or the Director of the Fed6 eral Bureau of Investigation, or in the case of a re7 quest by a department, agency, or instrumentality of 

8 the Federal Government other than the Department 

9 of Justice, the head or deputy head of the depart10 ment, agency, or instrumentality, containing a state11 ment of specific facts indicating that, absent a pro12 hibition of disclosure under this subsection, there 

13 may result— 

14 ‘‘(A) a danger to the national security of 

15 the United States; 

16 ‘‘(B) interference with a criminal, counter17 terrorism, or counterintelligence investigation; 

18 ‘‘(C) interference with diplomatic relations; 

19 or 

20 ‘‘(D) danger to the life or physical safety 

21 of any person. 

22 ‘‘(3) STANDARD.—A district court of the 

23 United States shall issue a nondisclosure require24 ment order or extension thereof under this sub25 section if the court determines, giving substantial 


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1 weight to the certification under paragraph (2) that 

2 there is reason to believe that disclosure of the infor3 mation subject to the nondisclosure requirement dur4 ing the applicable time period will result in— 

5 ‘‘(A) a danger to the national security of 

6 the United States; 

7 ‘‘(B) interference with a criminal, counter8 terrorism, or counterintelligence investigation; 

9 ‘‘(C) interference with diplomatic relations; 

10 or 

11 ‘‘(D) danger to the life or physical safety 

12 of any person.’’. 

Æ 


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