[Congressional Record (Bound Edition), Volume 152 (2006), Part 2]
[Senate]
[Pages 2055-2056]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2891. Mr. FEINGOLD (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill 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; which was ordered to lie on the table; as follows:

       On page 11, after line 11, add the following:

     SEC. 6. NATIONAL SECURITY LETTER SUNSET.

       Section 102(b) of the applicable Act is amended to read as 
     follows:
       ``(b) Sections 206, 215, and 505 Sunset.--
       ``(1) In general.--Effective December 31, 2009, the 
     following provisions are amended so that they read as they 
     read on October 25, 2001:
       ``(A) Sections 105(c)(2), 501, and 502 of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1802(c)(2), 
     1861, 1862).
       ``(B) Section 2709 of title 18, United States Code.
       ``(C) Sections 636 and 637 of the Fair Credit Reporting Act 
     (15 U.S.C. 1681u. 1681v).
       ``(D) Section 1114(a)(5) of the Right to Financial Privacy 
     Act (12 U.S.C. 3414(a)(5)).
       ``(2) Exception.--With respect to any particular foreign 
     intelligence investigation that began before the date on 
     which the provisions referred to in paragraph (1) cease to 
     have effect, or with respect to any particular offense or 
     potential offense that began or occurred before the date on 
     which such provisions cease to have effect, such provisions 
     shall continue in effect.''.
                                 ______
                                 
  SA 2892. Mr. FEINGOLD (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill 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; which was ordered to lie on the table; as follows:

       On page 11, after line 11, add the following:

     SEC. 6. FACTUAL BASIS FOR REQUESTED ORDER.

       Section 501(b)(2)(A) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)(A)), as 
     amended by the applicable Act, is amended to read as follows:
       ``(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 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) either--

       ``(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''.

                                 ______
                                 
  SA 2893. Mr. FEINGOLD (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill 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; which was ordered to lie on the table; as follows:

       On page 2, strike line 9 and all that follows through page 
     6, line 2 and insert the following:

     SEC. 3. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL SECURITY 
                   LETTERS.

       (a) FISA.--Section 501(f) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861), as amended by the 
     applicable Act, is amended by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1)(A) A person receiving an order to produce any 
     tangible thing under this section may challenge the legality 
     of that order, including any prohibition on disclosure, by 
     filing a petition with the pool established by section 
     103(e)(1).
       ``(B) The presiding judge shall immediately assign a 
     petition submitted under subparagraph (A) to 1 of the judges 
     serving in the pool established by section 103(e)(1).
       ``(C)(i) Not later than 72 hours after the assignment of a 
     petition under subparagraph (B), the assigned judge shall 
     conduct an initial review of the petition.
       ``(ii) If the assigned judge determines under clause (i) 
     that--
       ``(I) the petition is frivolous, the assigned judge shall 
     immediately deny the petition and affirm the order; and

[[Page 2056]]

       ``(II) the petition is not frivolous, the assigned judge 
     shall promptly consider the petition in accordance with the 
     procedures established pursuant to section 103(e)(2).
       ``(D) The assigned judge may modify or set aside the order 
     only if the judge finds that the order does not meet the 
     requirements of this section or is otherwise unlawful. If the 
     judge does not modify or set aside the order, the judge shall 
     immediately affirm the order and order the recipient to 
     comply therewith. The assigned judge shall promptly provide a 
     written statement for the record of the reasons for any 
     determination under this paragraph.
       ``(2) A petition for review of a decision to affirm, 
     modify, or set aside an order, including any prohibition on 
     disclosure, by the United States or any person receiving such 
     order shall be 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 of the United States or any person receiving 
     such order for writ of certiorari, the record shall be 
     transmitted under seal to the Supreme Court, which shall have 
     jurisdiction to review such decision.''.
       (b) Judicial Review of National Security Letters.--Section 
     3511(b) of title 18, United States Code, as amended by the 
     applicable Act, is amended--
       (1) in paragraph (2), by striking ``If, at the time of the 
     petition,'' and all that follows through the end of the 
     paragraph; and
       (2) in paragraph (3), by striking ``If the recertification 
     that disclosure may'' and all that follows through ``made in 
     bad faith.''.
                                 ______
                                 
  SA 2894. Mr. FEINGOLD (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill 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; which was ordered to lie on the table; as follows:

       On page 11, after line 11, add the following:

     SEC. 6. LIMITATION ON REASONABLE PERIOD FOR DELAY.

       Section 3103a(b)(3) of title 18, United States Code, as 
     amended by the applicable Act, is amended by striking ``30 
     days'' and inserting ``7 days''.
                                 ______
                                 
  SA 2895. Mr. FRIST proposed an amendment to the bill 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; as follows:

       At the end of the bill add the following: This Act shall 
     become effective 1 day after enactment.
                                 ______
                                 
  SA 2896. Mr. FRIST proposed an amendment SA 2895 proposed by Mr. 
Frist to the bill 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; as follows:

       Strike all after first word and insert: Act shall become 
     effective immediately upon enactment.
                                 ______
                                 
  SA 2897. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill 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; which was ordered to lie on the table; as 
follows:

       On page 2, lines 22 through 24, strike ``Not less than 1 
     year after the date of the issuance of the production order, 
     the recipient of'' and insert ``A person receiving''.
       On page 4, strike lines 12 through 19.
       On page 4, line 20, strike ``(iii)'' and insert ``(ii)''.
       At the end of the bill, add the following:

     SEC. 6. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS; 
                   ELIMINATION OF THE ``CONCLUSIVE PRESUMPTION''.

       Section 3511(b) of title 18, United States Code, as amended 
     by the applicable Act, is amended--
       (1) in paragraph (2), by striking the last sentence; and
       (2) in paragraph (3), by striking the last sentence.

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