S 1692

S 1692 IS

To extend the sunset of certain provisions of the USA PATRIOT Act and the authority to issue national security letters, and for other purposes.

September 22, 2009

Mr. LEAHY (for himself, Mr. CARDIN, and Mr. KAUFMAN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

To extend the sunset of certain provisions of the USA PATRIOT Act and the authority to issue national security letters, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘USA PATRIOT Act Sunset Extension Act of 2009’.

SEC. 2. SUNSETS.

(a) Sections 206 and 215 Sunset-

(1) IN GENERAL- Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking ‘2009’ and inserting ‘2013’.

(2) CONFORMING AMENDMENTS-

(A) IN GENERAL- Section 601(a)(1)(D) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(1)(D)) is amended by striking ‘section 501;’ and inserting ‘section 502 or under section 501 pursuant to section 102(b)(2) the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1861 note);’.

(B) APPLICATION UNDER SECTION 404 OF THE FISA AMENDMENTS ACT OF 2008- Section 404(b)(4)(A) of the FISA Amendments Act of 2008 (Public Law 110-261; 122 Stat. 2477) is amended by striking the period at the end and inserting ‘, except that paragraph (1)(D) of such section 601(a) shall be applied as if it read as follows:

‘(D) access to records under section 502 or under section 501 pursuant to section 102(b)(2) the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1861 note);’.’.

(C) EFFECTIVE DATE- The amendments made by this paragraph shall take effect on December 31, 2013.

(b) Extension of Sunset Relating to Individual Terrorists as Agents of Foreign Powers-

(1) IN GENERAL- Section 6001(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note) is amended to read as follows:

‘(b) Sunset-

‘(1) REPEAL- Subparagraph (C) of section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)), as added by subsection (a), is repealed effective December 31, 2013.

‘(2) TRANSITION PROVISION- Notwithstanding paragraph (1), subparagraph (C) of section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) shall continue to apply after December 31, 2013, with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before December 31, 2013.’.

(2) CONFORMING AMENDMENT-

(A) IN GENERAL- Section 601(a)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(2)) is amended by striking the semicolon at the end and inserting ‘pursuant to subsection (b)(2) of section 6001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 50 U.S.C. 1801 note);’.

(B) EFFECTIVE DATE- The amendment made by subparagraph (A) shall take effect on December 31, 2013.

(c) National Security Letters-

(1) IN GENERAL- Effective on December 31, 2013, the following provisions of law are repealed:

(A) Section 2709 of title 18, United States Code.

(B) Section 1114(a)(5) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)).

(C) Subsections (a) and (b) of section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681u).

(D) Section 627 of the Fair Credit Reporting Act (15 U.S.C. 1681v).

(E) Section 802 of the National Security Act of 1947 (50 U.S.C. 436).

(2) TRANSITION PROVISION- Notwithstanding paragraph (1), the provisions of law referred to in paragraph (1) shall continue to apply after December 31, 2013, with respect to any particular foreign intelligence investigation or with respect to any particular offense or potential offense that began or occurred before December 31, 2013.

(3) TECHNICAL AND CONFORMING AMENDMENTS-

(A) TITLE 18- Title 18, United States Code, is amended--

(i) in the table of sections for chapter 121, by striking the item relating to section 2709;

(ii) by striking section 3511; and

(iii) in the table of sections for chapter 223, by striking the item relating to section 3511.

(B) FAIR CREDIT REPORTING ACT- The Fair Credit Reporting Act (15 U.S.C. 1681) is amended--

(i) in section 626 (15 U.S.C. 1681u)--

(I) in subsection (d)(1), by striking ‘the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c)’ and inserting ‘a consumer report respecting any consumer under subsection (c)’;

(II) in subsection (h)(1), by striking ‘subsections (a), (b), and (c)’ and inserting ‘subsection (c)’; and

(ii) in the table of sections, by striking the item relating to section 627.

(C) NATIONAL SECURITY ACT OF 1947- The National Security Act of 1947 (50 U.S.C. 401 et seq.) is amended--

(i) in section 507(b) (50 U.S.C. 415b(b))--

(I) by striking paragraph (5); and

(II) by redesignating paragraph (6) as paragraph (5); and

(ii) in the table of contents, by striking the item relating to section 802.

(D) EFFECTIVE DATE- The amendments made by this paragraph shall take effect on December 31, 2013.

SEC. 3. FACTUAL BASIS FOR AND ISSUANCE OF ORDERS FOR ACCESS TO TANGIBLE THINGS.

(a) In General- Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended--

(1) in the section heading, by striking ‘certain business records’ and inserting ‘tangible things’;

(2) in subsection (b)(2), by striking subparagraphs (A) and (B) and inserting the following:

‘(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)(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

‘(B) a statement of proposed minimization procedures.’; and

(3) in subsection (c)--

(A) in paragraph (1)--

(i) by inserting ‘and that the proposed minimization procedures meet the definition of minimization procedures under subsection (g)’ after ‘subsections (a) and (b)’; and

(ii) by striking the second sentence; and

(B) in paragraph (2)--

(i) in subparagraph (D), by striking ‘and’ at the end;

(ii) in subparagraph (E), by striking the period at the end and inserting ‘; and’; and

(iii) by adding at the end the following:

‘(F) shall direct that the minimization procedures be followed.’.

(b) Technical and Conforming Amendments-

(1) TITLE HEADING- Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended in the title heading by striking ‘CERTAIN BUSINESS RECORDS’ and inserting ‘TANGIBLE THINGS’.

(2) TABLE OF CONTENTS- The table of contents in the first section of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended by striking the items relating to title V and section 501 and inserting the following:

‘TITLE V--ACCESS TO TANGIBLE THINGS FOR FOREIGN INTELLIGENCE PURPOSES

Full Text of Legislation