To strengthen anti-terrorism investigative tools and promote information sharing, and for other purposes.

September 25, 2003

Mr. SENSENBRENNER (for himself and Mr. GOSS) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Select Committee on Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To strengthen anti-terrorism investigative tools and promote information sharing, 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 `Anti-Terrorism Intelligence Tools Improvement Act of 2003'.

SEC. 2. VIOLATION OF NONDISCLOSURE PROVISIONS OF NATIONAL SECURITY LETTERS.

Section 1510 of title 18, United States Code, is amended by adding at the end the following new subsection:

`(e) Whoever knowingly violates section 2709(c) of this title, sections 625(d) or 626(c) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d) or 1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to Financial Privacy Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)), or section 802(b) of the National Security Act of 1947 (50 U.S.C. 436(b)) shall be imprisoned for not more than one year, and if the violation is committed with the intent to obstruct an investigation or judicial proceeding, shall be imprisoned for not more than five years.'.

SEC. 3. JUDICIAL ENFORCEMENT OF NATIONAL SECURITY LETTERS.

Chapter 113B of title 18, United States Code, is amended--

(1) in the chapter analysis, by inserting before the item relating to section 2333 the following new item:

`2332h. Enforcement of requests for information.';

and

(2) by inserting before section 2333 the following new section:

`Sec. 2332h. Enforcement of requests for information

`In the case of a refusal to comply with a request for records, a report, or other information made to any person under section 2709(b) of this title, section 625(a) or (b) or 626(a) of the Fair Credit Reporting Act, section 1114(a)(5)(A) of the Right to Financial Privacy Act, or section 802(a) of the National Security Act of 1947, the Attorney General may invoke the aid of any court of the United States within the jurisdiction of which the investigation is carried on or the person resides, carries on business, or may be found, to compel compliance with the request. The court may issue an order requiring the person to comply with the request. Any failure to obey the order of the court may be punished by the court as contempt thereof. Any process under this section may be served in any judicial district in which the person may be found.'.

SEC. 4. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.

Section 101(b)(1) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end the following new subparagraph:

`(C) engages in international terrorism or activities in preparation therefor; or'.

SEC. 5. EX PARTE AUTHORIZATIONS UNDER CLASSIFIED INFORMATION PROCEDURES ACT.

The second sentence of section 4 of the Classified Information Procedures Act (18 U.S.C. App. 3) is amended--

(1) by striking `may' and inserting `shall'; and

(2) by striking `a written statement to be inspected' and inserting `a statement to be considered'.

SEC. 6. USE OF FISA INFORMATION IN IMMIGRATION PROCEEDINGS.

The following provisions of the Foreign Intelligence Surveillance Act of 1978 are each amended by inserting `(other than in civil proceedings or other civil matters under the immigration laws (as that term is defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)))' after `authority of the United States':

(1) Subsections (c), (e), and (f) of section 106 (50 U.S.C. 1806).

(2) Subsections (d), (f), and (g) of section 305 (50 U.S.C. 1825).

(3) Subsections (c), (e), and (f) of section 405 (50 U.S.C. 1845).

END