[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