II 

109TH CONGRESS 

1ST SESSION S. 693 

To provide for judicial review of national security letters issued to wire 

and electronic communications service providers. 

IN THE SENATE OF THE UNITED STATES 

APRIL 4, 2005 

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

to the Committee on the Judiciary 

A BILL 

To provide for judicial review of national security letters 

issued to wire and electronic communications service providers. 

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 ‘‘Electronic Communica5 tions Privacy Judicial Review and Improvement Act of 

6 2005’’. 

7 SEC. 2. JUDICIAL REVIEW. 

8 (a) IN GENERAL.—Section 2709(a) of title 18, 

9 United States Code, is amended— 
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1 (1) by striking ‘‘A wire or electronic commu2 nication service provider’’ and inserting the fol3 lowing: 

4 ‘‘(1) IN GENERAL.—A wire or electronic com5 munication service provider’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(2) JUDICIAL REVIEW.—A wire or electronic 

8 communication service provider who receives a re9 quest under subsection (b) may, at any time, seek a 

10 court order from an appropriate United States dis11 trict court to modify or set aside the request. Any 

12 such motion shall state the grounds for challenging 

13 the request with particularity. The court may modify 

14 or set aside the request if compliance would be un15 reasonable or oppressive.’’. 

16 (b) NONDISCLOSURE.—Section 2709(c) of title 18, 

17 United States Code, is amended— 

18 (1) by striking ‘‘No wire or electronic commu19 nication service provider’’ and inserting the fol20 lowing: 

21 ‘‘(1) IN GENERAL.—No wire or electronic com22 munication service provider’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(2) JUDICIAL REVIEW.—A wire or electronic 

25 communication service provider who receives a re-
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1 quest under subsection (b) may, at any time, seek a 

2 court order from an appropriate United States dis3 trict court challenging the nondisclosure requirement 

4 under paragraph (1). Any such motion shall state 

5 the grounds for challenging the nondisclosure re6 quirement with particularity. 

7 ‘‘(3) STANDARD OF REVIEW.—The court may 

8 modify or set aside such a nondisclosure requirement 

9 if there is no reason to believe that disclosure may 

10 endanger the national security of the United States, 

11 interfere with a criminal, counterterrorism, or coun12 terintelligence investigation, interfere with diplo13 matic relations, or endanger the life or physical safe14 ty of any person. In reviewing a nondisclosure re15 quirement, the certification by the Government that 

16 the disclosure may endanger the national security of 

17 the United States or interfere with diplomatic rela18 tions shall be treated as conclusive unless the court 

19 finds that the certification was made in bad faith.’’. 

20 SEC. 3. ENFORCEMENT OF NATIONAL SECURITY LETTERS. 

21 Section 2709(a) of title 18, United States Code, as 

22 amended by section 2(a), is further amended by adding 

23 at the end the following: 

24 ‘‘(3) ENFORCEMENT OF REQUESTS.—The At25 torney General may seek enforcement of a request 
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1 under subsection (b) in an appropriate United 

2 States district court if a recipient refuses to comply 

3 with the request.’’. 

4 SEC. 4. DISCLOSURE OF INFORMATION. 

5 (a) SECURE PROCEEDINGS.—Section 2709 of title 

6 18, United States Code, as amended by sections 2 and 

7 3, is further amended— 

8 (1) in subsection (a), by adding at the end the 

9 following: 

10 ‘‘(4) SECURE PROCEEDINGS.—The disclosure of 

11 information in any proceedings under this subsection 

12 may be limited consistent with the requirements of 

13 the Classified Information Procedures Act (18 

14 U.S.C. App).’’; and 

15 (2) in subsection (c), by adding at the end the 

16 following: 

17 ‘‘(4) SECURE PROCEEDINGS.—The disclosure of 

18 information in any proceedings under this subsection 

19 may be limited consistent with the requirements of 

20 the Classified Information Procedures Act (18 

21 U.S.C. App).’’. 

22 (b) DISCLOSURE TO NECESSARY PERSONS.—Section 

23 2709(c)(1) of title 18, United States Code, as amended 

24 by section 2(b)(1), is further amended— 
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1 (1) by inserting after ‘‘any person’’ the fol2 lowing: ‘‘, except for disclosure to an attorney to ob3 tain legal advice regarding the request or to persons 

4 to whom disclosure is necessary in order to comply 

5 with the request,’’; and 

6 (2) by adding at the end the following: ‘‘Any at7 torney or person whose assistance is necessary to 

8 comply with the request who is notified of the re9 quest also shall not disclose to any person that the 

10 Federal Bureau of Investigation has sought or ob11 tained access to information or records under this 

12 section.’’. 

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