[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2271 Placed on Calendar Senate (PCS)]
Calendar No. 360
109th CONGRESS
2d Session
S. 2271
To clarify that individuals who receive FISA orders can challenge
nondisclosure requirements, that individuals who receive national
security letters are not required to disclose the name of their
attorney, that libraries are not wire or electronic communication
service providers unless they provide specific services, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10 (legislative day, February 9), 2006
Mr. Sununu (for himself, Mr. Craig, Ms. Murkowski, and Mr. Hagel)
introduced the following bill; which was read the first time
February 13, 2006
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To clarify that individuals who receive FISA orders can challenge
nondisclosure requirements, that individuals who receive national
security letters are not required to disclose the name of their
attorney, that libraries are not wire or electronic communication
service providers unless they provide specific services, 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 Additional
Reauthorizing Amendments Act of 2006''.
SEC. 2. DEFINITION.
As used in this Act, the term ``applicable Act'' means the Act
entitled ``An Act to extend and modify authorities needed to combat
terrorism, and for other purposes.'' (109th Congress, 2d Session).
SEC. 3. JUDICIAL REVIEW OF FISA ORDERS.
Subsection (f) of section 501 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1861), as amended by the applicable
Act, is amended to read as follows:
``(f)(1) In this subsection--
``(A) the term `production order' means an order to produce
any tangible thing under this section; and
``(B) the term `nondisclosure order' means an order imposed
under subsection (d).
``(2)(A)(i) A person receiving a production order may challenge the
legality of that order by filing a petition with the pool established
by section 103(e)(1). Not less than 1 year after the date of the
issuance of the production order, the recipient of a production order
may challenge the nondisclosure order imposed in connection with such
production order by filing a petition to modify or set aside such
nondisclosure order, consistent with the requirements of subparagraph
(C), with the pool established by section 103(e)(1).
``(ii) The presiding judge shall immediately assign a petition
under clause (i) to 1 of the judges serving in the pool established by
section 103(e)(1). Not later than 72 hours after the assignment of such
petition, the assigned judge shall conduct an initial review of the
petition. If the assigned judge determines that the petition is
frivolous, the assigned judge shall immediately deny the petition and
affirm the production order or nondisclosure order. If the assigned
judge determines the petition is not frivolous, the assigned judge
shall promptly consider the petition in accordance with the procedures
established under section 103(e)(2).
``(iii) The assigned judge shall promptly provide a written
statement for the record of the reasons for any determination under
this subsection. Upon the request of the Government, any order setting
aside a nondisclosure order shall be stayed pending review pursuant to
paragraph (3).
``(B) A judge considering a petition to modify or set aside a
production order may grant such petition only if the judge finds that
such order does not meet the requirements of this section or is
otherwise unlawful. If the judge does not modify or set aside the
production order, the judge shall immediately affirm such order, and
order the recipient to comply therewith.
``(C)(i) A judge considering a petition to modify or set aside a
nondisclosure order may grant such petition only if the judge finds
that there is no reason to believe that disclosure may endanger the
national security of the United States, interfere with a criminal,
counterterrorism, or counterintelligence investigation, interfere with
diplomatic relations, or endanger the life or physical safety of any
person.
``(ii) If, upon filing of such a petition, the Attorney General,
Deputy Attorney General, an Assistant Attorney General, or the Director
of the Federal Bureau of Investigation certifies that disclosure may
endanger the national security of the United States or interfere with
diplomatic relations, such certification shall be treated as
conclusive, unless the judge finds that the certification was made in
bad faith.
``(iii) If the judge denies a petition to modify or set aside a
nondisclosure order, the recipient of such order shall be precluded for
a period of 1 year from filing another such petition with respect to
such nondisclosure order.
``(D) Any production or nondisclosure order not explicitly modified
or set aside consistent with this subsection shall remain in full
effect.
``(3) A petition for review of a decision under paragraph (2) to
affirm, modify, or set aside an order by the Government or any person
receiving such order shall be made to the court of review established
under section 103(b), which shall have jurisdiction to consider such
petitions. The court of review shall provide for the record a written
statement of the reasons for its decision and, on petition by the
Government or any person receiving such order for writ of certiorari,
the record shall be transmitted under seal to the Supreme Court of the
United States, which shall have jurisdiction to review such decision.
``(4) Judicial proceedings under this subsection shall be concluded
as expeditiously as possible. The record of proceedings, including
petitions filed, orders granted, and statements of reasons for
decision, shall be maintained under security measures established by
the Chief Justice of the United States, in consultation with the
Attorney General and the Director of National Intelligence.
``(5) All petitions under this subsection shall be filed under
seal. In any proceedings under this subsection, the court shall, upon
request of the Government, review ex parte and in camera any Government
submission, or portions thereof, which may include classified
information.''.
SEC. 4. DISCLOSURES.
(a) FISA.--Subparagraph (C) of section 501(d)(2) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)(2)), as
amended by the applicable Act, is amended to read as follows:
``(C) At the request of the Director of the Federal Bureau of
Investigation or the designee of the Director, any person making or
intending to make a disclosure under subparagraph (A) or (C) of
paragraph (1) shall identify to the Director or such designee the
person to whom such disclosure will be made or to whom such disclosure
was made prior to the request.''.
(b) Title 18.--Paragraph (4) of section 2709(c) of title 18, United
States Code, as amended by the applicable Act, is amended to read as
follows:
``(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, except that nothing in this
section shall require a person to inform the Director or such
designee of the identity of an attorney to whom disclosure was
made or will be made to obtain legal advice or legal assistance
with respect to the request under subsection (a).''.
(c) Fair Credit Reporting Act.--
(1) In general.--Paragraph (4) of section 626(d) of the
Fair Credit Reporting Act (15 U.S.C. 1681u(d)), as amended by
the applicable Act, is amended to read as follows:
``(4) At the request of the Director of the Federal Bureau
of Investigation or the designee of the Director, any person
making or intending to make a disclosure under this section
shall identify to the Director or such designee the person to
whom such disclosure will be made or to whom such disclosure
was made prior to the request, except that nothing in this
section shall require a person to inform the Director or such
designee of the identity of an attorney to whom disclosure was
made or will be made to obtain legal advice or legal assistance
with respect to the request for the identity of financial
institutions or a consumer report respecting any consumer under
this section.''.
(2) Other agencies.--Paragraph (4) of section 627(c) of the
Fair Credit Reporting Act (15 U.S.C. 1681v(c)), as amended by
the applicable Act, is amended to read as follows:
``(4) At the request of the authorized government agency,
any person making or intending to make a disclosure under this
section shall identify to the requesting official of the
authorized government agency the person to whom such disclosure
will be made or to whom such disclosure was made prior to the
request, except that nothing in this section shall require a
person to inform the requesting official of the identity of an
attorney to whom disclosure was made or will be made to obtain
legal advice or legal assistance with respect to the request
for information under subsection (a).''.
(d) Right to Financial Privacy Act.--
(1) In general.--Subparagraph (D) of section 1114(a)(3) of
the Right to Financial Privacy Act (12 U.S.C. 3414(a)(3)), as
amended by the applicable Act, is amended to read as follows:
``(D) At the request of the authorized Government authority
or the Secret Service, any person making or intending to make a
disclosure under this section shall identify to the requesting
official of the authorized Government authority or the Secret
Service the person to whom such disclosure will be made or to
whom such disclosure was made prior to the request, except that
nothing in this section shall require a person to inform the
requesting official of the authorized Government authority or
the Secret Service of the identity of an attorney to whom
disclosure was made or will be made to obtain legal advice or
legal assistance with respect to the request for financial
records under this subsection.''.
(2) Federal bureau of investigation.--Clause (iv) of
section 1114(a)(5)(D) of the Right to Financial Privacy Act (12
U.S.C. 3414(a)(5)(D)), as amended by the applicable Act, is
amended to read as follows:
``(iv) At the request of the Director of
the Federal Bureau of Investigation or the
designee of the Director, any person making or
intending to make a disclosure under this
section shall identify to the Director or such
designee the person to whom such disclosure
will be made or to whom such disclosure was
made prior to the request, except that nothing
in this section shall require a person to
inform the Director or such designee of the
identity of an attorney to whom disclosure was
made or will be made to obtain legal advice or
legal assistance with respect to the request
for financial records under subparagraph
(A).''.
(e) National Security Act of 1947.--Paragraph (4) of section 802(b)
of the National Security Act of 1947 (50 U.S.C. 436(b)), as amended by
the applicable Act, is amended to read as follows:
``(4) At the request of the authorized investigative
agency, any person making or intending to make a disclosure
under this section shall identify to the requesting official of
the authorized investigative agency the person to whom such
disclosure will be made or to whom such disclosure was made
prior to the request, except that nothing in this section shall
require a person to inform the requesting official of the
identity of an attorney to whom disclosure was made or will be
made to obtain legal advice or legal assistance with respect to
the request under subsection (a).''.
SEC. 5. PRIVACY PROTECTIONS FOR LIBRARY PATRONS.
Section 2709 of title 18, United States Code, as amended by the
applicable Act, is amended by adding at the end the following:
``(f) Libraries.--A library (as that term is defined in section
213(1) of the Library Services and Technology Act (20 U.S.C. 9122(1)),
the services of which include access to the Internet, books, journals,
magazines, newspapers, or other similar forms of communication in print
or digitally by patrons for their use, review, examination, or
circulation, is not a wire or electronic communication service provider
for purposes of this section, unless the library is providing the
services defined in section 2510(15) (`electronic communication
service') of this title.''.
Calendar No. 360
109th CONGRESS
2d Session
S. 2271
_______________________________________________________________________
A BILL
To clarify that individuals who receive FISA orders can challenge
nondisclosure requirements, that individuals who receive national
security letters are not required to disclose the name of their
attorney, that libraries are not wire or electronic communication
service providers unless they provide specific services, and for other
purposes.
_______________________________________________________________________
February 13, 2006
Read the second time and placed on the calendar