[Congressional Record Volume 152, Number 30 (Thursday, March 9, 2006)]
[Extensions of Remarks]
[Pages E333-E334]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    USA PATRIOT ACT ADDITIONAL REAUTHORIZING AMENDMENTS ACT OF 2006

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                               speech of

                        HON. BENJAMIN L. CARDIN

                              of maryland

                    in the house of representatives

                         Tuesday, March 7, 2006

  Mr. CARDIN. Madam Speaker, one of the most important responsibilities 
for Congress after the September 11 terrorist attacks is to balance the 
needs of law enforcement to have effective tools to combat terrorism 
with the civil liberties and civil rights of Americans.

[[Page E334]]

  I am pleased that the Senate bill strengthens the civil liberties 
protections of the PATRIOT Act, and provides for increased judicial 
oversight of the Justice Department as it uses these powers.
  The bill before us enacts a number of much-needed procedural changes 
that will enhance judicial oversight of Section 215 orders. Under 
current law, the recipient of a Section 215 order lacks an explicit 
statutory right to petition the FISA (Foreign Intelligence Surveillance 
Act) court to modify or set aside either the production order or the 
non-disclosure requirement. The conference report provides that 
recipients have an explicit right to challenge the legality of the 
Section 215 order in certain FISA courts. This bill further expands the 
individual's right to challenge the government assertion that a 
business records search must remain secret.
  The legislation also reforms the FBI process used to issue National 
Security Letters (NSL). Unlike current law, the conference report 
explicitly permits recipients of NSLs to consult with an attorney to 
challenge the letter in court. This bill further strengthens individual 
rights by allowing the recipient of an NSL to consult with an attorney 
in secret, and does not require the recipient to disclose the name of 
the attorney to the FBI.
  Finally, this bill provides that public, academic, or research 
libraries that offer Internet access or other electronic research tools 
are not considered to be electronic communication services, and 
therefore are not subject to search by an NSL.

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