A bill to amend the Patriot Act is introduced

[ProSense]

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


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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).

[katmondoo]

1. Thats Good

I thought it was all over once the act passed.

[blm]

2. And STILL no media discussion of this bipartisan way to deal with the

parts of the Patriot Act that really need the most changes. The media really plays the citizens for goobers, don't they?

[redqueen]

3. Is it unrealistic to hope that this gets any attention...

let alone gets to the floor for a vote?

[blm]

7. remember, most of Senate passed a bill with more changes some months ago.

BushInc pressured the conference to take out the changes. I think these changes have a great chance of passing - I just don't expect media to help the cause and they will instead, ignore it and the efforts of those working for the changes.

[timbnyc44]

4. Where are my Senators?

Jeez, you'd think Schumer and Clinton from New York would support such a thing...bad enough they voted for the extension!

[HuffleClaw]

5. an enhanced factual basis for a FISA order ??

ok, and when this is ALTERED to include a cute little provision making bush's actions LEGAL by way of retroactivity? they'll use it to claim the democrats are ENDANGERING americans lives...

[northofdenali]

6. Lisa Murkowski is very leery of the Act -

I believe she "went along to get along"; she was one of the few Repukes who voted against the extension. If she'd change parties, she'd be a decent human. As it is though.........