[Congressional Record (Bound Edition), Volume 157 (2011), Part 6]
[Senate]
[Pages 7861-7865]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 NOTICES OF INTENT TO SUSPEND THE RULES

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering amendment 
No. 363 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering

[[Page 7862]]

amendment No. 364 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering amendment 
No. 365 on the House message to S. 990.
  Mr. PAUL. Mr President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering amendment 
No. 366 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering amendment 
No. 367 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering amendment 
No. 368 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering amendment 
No. 369 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordancewith rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering amendment 
No. 370 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering amendment 
No. 371 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness 
requirements, for the purpose of proposing and considering amendment 
No. 372 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 373 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 374 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 375 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 376 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 377 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 378 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 379 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 380 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 381 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend rule XXII, including germaneness and 
timeliness requirements, for the purpose of proposing and considering 
amendment No. 382 on the House message to S. 990.
  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S.J. Res. 15, as follows:

                              S.J. Res. 15

       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That--
       (1) a state of war between the United States and the 
     Government of Libya is hereby formally declared; and
       (2) the President is hereby authorized and directed--
       (A) to employ the entire naval and military forces of the 
     United States and the resources of the United States 
     Government to carry on war against the Government of Libya; 
     and
       (B) to issue to private armed vessels of the United States 
     commissions or letters of marque and general reprisal, in 
     such form as the President shall think proper, and under the 
     seal of the United States, against the vessels, goods, and 
     effects of the Government of Libya.

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S.J. Res. 16, as follows:

                              S.J. Res. 16

       Whereas Article I, Section 8 of the Constitution of the 
     United States reserves for Congress the right to declare war;
       Whereas the War Powers Resolution (50 U.S.C. 1541 et seq.) 
     states that it is intended to ``fulfill the intent of the 
     framers of the Constitution of the United States'' in 
     requiring the President to seek the consent of Congress 
     before the introduction of the United States Armed Forces 
     into hostile action;
       Whereas the President must seek authorization from Congress 
     prior to engaging the United States Armed Forces in an armed 
     conflict absent an imminent threat to national security;
       Whereas President Barack Obama, without seeking a formal 
     authorization from Congress, ordered the execution of a 
     sustained military engagement through the enforcement of a 
     no-fly zone in Libya on March 19, 2011;
       Whereas Congress did not consider or pass a formal 
     authorization for the President to initiate military 
     operations in Libya;
       Whereas the War Powers Resolution establishes that the 
     President must notify Congress of the introduction of the 
     United States Armed Forces within 48 hours after commencing 
     such action;

[[Page 7863]]

       Whereas President Obama acknowledged his obligation to 
     submit a notification of his actions in Libya under the War 
     Powers Resolution through a letter delivered on March 21, 
     2011, to Speaker of the House John Boehner and President Pro 
     Tempore of the Senate Daniel Inouye;
       Whereas section 8(a) the War Powers Resolution (50 U.S.C. 
     1547(a)) establishes that the President may not construe 
     authorization from any other act or treaty unless such act or 
     treaty is ``implemented by legislation specifically 
     authorizing the introduction of the United States Armed 
     Forces into hostilities'';
       Whereas President Obama contends that hostile engagement by 
     the military forces of the United States against the 
     Government of Libya was part of a multilateral response 
     authorized by United Nations Security Council Resolution 1973 
     (2011) and in consultation with the Arab League;
       Whereas section 2(c) of the War Powers Resolution (50 
     U.S.C. 1541(c)) provides that no attempt by the President to 
     introduce the United States Armed Forces into hostile action 
     may be made under the War Powers Resolution unless there is 
     ``(1) a declaration of war, (2) a specific authorization, or 
     (3) a national emergency created by attack upon the United 
     States, its territories or possessions, or its armed 
     forces'';
       Whereas the Government of Libya, immediately prior to the 
     introduction of the United States Armed Forces into the 
     conflict on March 19, 2011, had not attacked the United 
     States nor declared any intent to do so;
       Whereas President Obama had stated the purpose of enforcing 
     a no-fly zone over Libya was to ``take all necessary measures 
     to protect civilians and civilian populated areas under 
     threat of attack in Libya'' and not in response to any direct 
     or immediate threat to the United States;
       Whereas section 5(b) of the War Powers Resolution (50 
     U.S.C. 1544(b)) further establishes that, in absence of 
     authorization from Congress, the President may not engage the 
     United States Armed Forces in an armed conflict for a period 
     longer than ``sixty calendar days'';
       Whereas members of the United States Armed Forces have 
     remained engaged in operations in Libya since March 19, 2011;
       Whereas, on May 20, 2011, the limit of sixty calendar days 
     placed on the President's ability to continue engagement of 
     the military forces of the United States against the 
     Government of Libya will have been exhausted under the terms 
     of the War Powers Resolution;
       Whereas Section 5(b) of the War Powers Resolution (50 
     U.S.C. 1544(b)) requires that ``within sixty calendar days . 
     . . the President shall terminate any use of United States 
     Armed Forces . . . unless the Congress (1) has declared war 
     or has enacted a specific authorization for such use of the 
     United States Armed Forces, (2) has extended by law such 
     sixty-day period, or (3) is physically unable to meet as a 
     result of an armed attack upon the United States'';
       Whereas President Obama reiterated on May 20, 2011, that 
     the military forces of the United States remain engaged in 
     hostilities, including ``suppression and destruction of air 
     defenses'' and ``precision strikes by unmanned aerial 
     vehicles'';
       Whereas Congress has not considered or passed a formal 
     authorization for the President to continue military 
     operations in Libya; and
       Whereas President Obama has not indicated any intent to 
     cease operations in Libya after the sixty-day limit 
     established by the War Powers Resolution: Now, therefore, be 
     it:
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled, That 
     Congress--
       (1) declares that, as it pertains to the continuing armed 
     engagement of the United States Armed Forces against the 
     Government of Libya, the President has exceeded the statutory 
     time limits placed on him by the War Powers Resolution and is 
     therefore in violation of the law; and
       (2) calls on the President to--
       (A) seek a formal authorization from Congress to continue 
     the mission in Libya; or
       (B) cease armed engagement against the Government of Libya 
     until such time as further action is authorized by Congress.

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S. 1070, as follows:

                                S. 1070

       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 ``Fourth Amendment Restoration 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) The Fourth Amendment of the United States Constitution 
     states ``The right of the people to be secure in their 
     persons, houses, papers, and effects, against unreasonable 
     searches and seizures, shall not be violated, and no Warrants 
     shall issue, but upon probable cause, supported by Oath or 
     affirmation, and particularly describing the place to be 
     searched, and the persons or things to be seized.''.
       (2) Prior to the American Revolution, American colonists 
     objected to the issuance of writs of assistance, which were 
     general warrants that did not specify either the place or 
     goods to be searched.
       (3) Writs of assistance played an important role in the 
     events that led to the American Revolution.
       (4) The Fourth Amendment of the United States Constitution 
     was intended to protect against the issuance of general 
     warrants, and to guarantee that only judges, not soldiers or 
     police officers, are able to issue warrants.
       (5) Various provisions of the USA PATRIOT Act (Public Law 
     107-56; 115 Stat. 272) expressly violate the original intent 
     of the Fourth Amendment of the United States Constitution.

     SEC. 3. LIMITATIONS ON ROVING WIRETAPS.

       Section 105(c) of the Foreign Intelligence Surveillance Act 
     of 1978 (50 U.S.C. 1805(c)) is amended--
       (1) in paragraph (1), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A)(i) the identity of the target of the electronic 
     surveillance, if known; or
       ``(ii) if the identity of the target is not known, a 
     description of the specific target and the nature and 
     location of the facilities and places at which the electronic 
     surveillance will be directed;
       ``(B)(i) the nature and location of each of the facilities 
     or places at which the electronic surveillance will be 
     directed, if known; or
       ``(ii) if any of the facilities or places are not known, 
     the identity of the target;''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) in cases where the facility or place at which the 
     electronic surveillance will be directed is not known at the 
     time the order is issued, that the electronic surveillance be 
     conducted only for such time as it is reasonable to presume 
     that the target of the surveillance is or was reasonably 
     proximate to the particular facility or place;''.

     SEC. 4. SUNSETS ON ROVING WIRETAP AUTHORITY AND ACCESS TO 
                   BUSINESS RECORDS.

       Section 102(b)(1) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 
     1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is 
     amended to read as follows:
       ``(1) In general.--
       ``(A) Section 206.--Effective December 31, 2013, the 
     Foreign Intelligence Surveillance Act of 1978 is amended so 
     that section 105(c)(2) (50 U.S.C. 1805(c)(2)) read as such 
     section read on October 25, 2001.
       ``(B) Section 215.--Effective February 28, 2011, the 
     Foreign Intelligence Surveillance Act of 1978 is amended so 
     that sections 501 and 502 (50 U.S.C. 1861 and 1862) read as 
     such sections read on October 25, 2001.''.

     SEC. 5. MINIMIZATION PROCEDURES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall establish 
     minimization and destruction procedures governing the 
     acquisition, retention, and dissemination by the Federal 
     Bureau of Investigation of any records received by the 
     Federal Bureau of Investigation--
       (1) in response to a National Security Letter issued under 
     section 2709 of title 18, United States Code, section 626 or 
     627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 
     1681v), section 1114 of the Right to Financial Privacy Act of 
     1978 (12 U.S.C. 3414), or section 802(a) of the National 
     Security Act of 1947 (50 U.S.C. 436(a)); or
       (2) pursuant to title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
       (b) Minimization and Destruction Procedures Defined.--In 
     this section, the term ``minimization and destruction 
     procedures'' means--
       (1) specific procedures that are reasonably designed in 
     light of the purpose and technique of a National Security 
     Letter or a request for tangible things for an investigation 
     to obtain foreign intelligence information, as appropriate, 
     to minimize the acquisition and retention, and prohibit the 
     dissemination, of nonpublicly available information 
     concerning unconsenting United States persons consistent with 
     the need of the United States to obtain, produce, and 
     disseminate foreign intelligence information, including 
     procedures to ensure that information obtained that is 
     outside the scope of such National Security Letter or 
     request, is returned or destroyed;
       (2) procedures that require that nonpublicly available 
     information, which is not foreign intelligence information 
     (as defined in section 101(e)(1) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be 
     disseminated in a manner that identifies any United States 
     person, without the consent of the United States person, 
     unless the identity of the United States person is necessary 
     to understand foreign intelligence information or assess its 
     importance; and

[[Page 7864]]

       (3) notwithstanding paragraphs (1) and (2), procedures that 
     allow for the retention and dissemination of information that 
     is evidence of a crime which has been, is being, or is about 
     to be committed and that is to be retained or disseminated 
     for law enforcement purposes.

     SEC. 6. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

       Section 3511 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(f) National Security Letters.--An officer or employee of 
     the United States may not issue a National Security Letter 
     under section 270 of title 18, United States Code, section 
     626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u 
     and 1681v), section 1114 of the Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3414), or section 802(a) of the 
     National Security Act of 1947 (50 U.S.C. 436(a)) unless--
       ``(1) the National Security Letter is submitted to a judge 
     of the court established under section 103(a) of the Foreign 
     Intelligence Surveillance Act of 1978 (50 U.S.C. 1803); and
       ``(2) such judge issues an order finding that a warrant 
     could be issued under rule 41 of the Federal Rules of 
     Criminal Procedure to search for and seize the information 
     sought to be obtained in the National Security Letter.''.

     SEC. 7. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting before the period at the 
     end ``, subject to judicial review under paragraph (5)''; and
       (2) by adding at the end the following:
       ``(5) Judicial review.--The Secretary may not, under this 
     section or the rules issued under this section, or under any 
     other provision of law, require any financial institution, 
     director, officer, employee, or agent of any financial 
     institution, or any other entity that is otherwise subject to 
     regulation or oversight by the Secretary or pursuant to the 
     securities laws (as that term is defined under section 3 of 
     the Securities Exchange Act of 1934) to report any 
     transaction under this section or its equivalent under such 
     provision of law, unless the appropriate district court of 
     the United States issues an order finding that a warrant 
     could be issued under rule 41 of the Federal Rules of 
     Criminal Procedure for the information sought to be obtained 
     by the Secretary.''.

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S. 1071, as follows:

                                S. 1071

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g)(1) of title 31, United States Code, is 
     amended by inserting before the period at the end the 
     following: ``, but only upon request of an appropriate law 
     enforcement agency to such institution or person for such 
     report''.

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S. 1072, as follows:

                                S. 1072

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting before the period at the 
     end the following: ``, except as provided in paragraph (5)''; 
     and
       (2) by adding at the end the following:
       ``(5) Exemption.--
       ``(A) In general.--A failure to submit a report with 
     respect to a suspicious transaction shall not be a violation 
     of this subsection with respect to a financial institution or 
     any person described in paragraph (1), in any case in which 
     such financial institution or person--
       ``(i) has in effect an established decision-making process 
     with respect to suspicious transactions;
       ``(ii) has made a good faith effort to follow existing 
     policies, procedures, and processes with respect to 
     suspicious transactions; and
       ``(iii) has determined not to file a report with respect to 
     a particular transaction.
       ``(B) Exception.--The exemption provided under subparagraph 
     (A) does not apply in any case in which the failure to submit 
     a suspicious transaction report is accompanied by evidence of 
     bad faith on the part of the financial institution or other 
     person described in paragraph (1).''.

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S. 1073, as follows:

                                S. 1073

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. MINIMIZATION PROCEDURES.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall establish 
     minimization and destruction procedures governing the 
     acquisition, retention, and dissemination by the Federal 
     Bureau of Investigation of any records received by the 
     Federal Bureau of Investigation--
       (1) in response to a National Security Letter issued under 
     section 2709 of title 18, United States Code, section 626 or 
     627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 
     1681v), section 1114 of the Right to Financial Privacy Act of 
     1978 (12 U.S.C. 3414), or section 802(a) of the National 
     Security Act of 1947 (50 U.S.C. 436(a)); or
       (2) pursuant to title V of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1861 et seq.).
       (b) Minimization and Destruction Procedures Defined.--In 
     this section, the term ``minimization and destruction 
     procedures'' means--
       (1) specific procedures that are reasonably designed in 
     light of the purpose and technique of a National Security 
     Letter or a request for tangible things for an investigation 
     to obtain foreign intelligence information, as appropriate, 
     to minimize the acquisition and retention, and prohibit the 
     dissemination, of nonpublicly available information 
     concerning unconsenting United States persons consistent with 
     the need of the United States to obtain, produce, and 
     disseminate foreign intelligence information, including 
     procedures to ensure that information obtained that is 
     outside the scope of such National Security Letter or 
     request, is returned or destroyed;
       (2) procedures that require that nonpublicly available 
     information, which is not foreign intelligence information 
     (as defined in section 101(e)(1) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1801(e)(1))) shall not be 
     disseminated in a manner that identifies any United States 
     person, without the consent of the United States person, 
     unless the identity of the United States person is necessary 
     to understand foreign intelligence information or assess its 
     importance; and
       (3) notwithstanding paragraphs (1) and (2), procedures that 
     allow for the retention and dissemination of information that 
     is evidence of a crime which has been, is being, or is about 
     to be committed and that is to be retained or disseminated 
     for law enforcement purposes.

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S. 1074, as follows:

                                S. 1074

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 
                   2005.

       Section 102(b)(1) of the USA PATRIOT Improvement and 
     Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 
     1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is 
     amended to read as follows:
       ``(1) In general.--
       ``(A) Section 206.--Effective June 1, 2015, the Foreign 
     Intelligence Surveillance Act of 1978 is amended so that 
     section 105(c)(2) (50 U.S.C. 1805(c)(2)) reads as such 
     section read on October 25, 2001.
       ``(B) Section 215.--Effective May 27, 2011, the Foreign 
     Intelligence Surveillance Act of 1978 is amended so that 
     sections 501, 502, and 503 (50 U.S.C. 1861 and 1862) read as 
     such sections read on October 25, 2001.''.

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S. 1075, as follows:

                                S. 1075

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.

       Section 3511 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(f) National Security Letters.--An officer or employee of 
     the United States may not issue a National Security Letter 
     under section 270 of title 18, United States Code, section 
     626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u 
     and 1681v), section 1114 of the Right to Financial Privacy 
     Act of 1978 (12 U.S.C. 3414), or section 802(a) of the 
     National Security Act of 1947 (50 U.S.C. 436(a)) unless--
       ``(1) the National Security Letter is submitted to a judge 
     of the court established

[[Page 7865]]

     under section 103(a) of the Foreign Intelligence Surveillance 
     Act of 1978 (50 U.S.C. 1803); and
       ``(2) such judge issues an order finding that a warrant 
     could be issued under rule 41 of the Federal Rules of 
     Criminal Procedure to search for and seize the information 
     sought to be obtained in the National Security Letter.''.

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S. 1076, as follows:

                                S. 1076

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ROVING WIRETAPS AND FISA SUNSETS.

       (a) Limitation on Roving Wiretaps.--Section 105(c) of the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1805(c)) is amended--
       (1) in paragraph (1), by striking subparagraphs (A) and (B) 
     and inserting the following:
       ``(A)(i) the identity of the target of the electronic 
     surveillance, if known; or
       ``(ii) if the identity of the target is not known, a 
     description of the specific target and the nature and 
     location of the facilities and places at which the electronic 
     surveillance will be directed;
       ``(B)(i) the nature and location of each of the facilities 
     or places at which the electronic surveillance will be 
     directed, if known; or
       ``(ii) if any of the facilities or places are not known, 
     the identity of the target;''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (B) through (D) as 
     subparagraphs (C) through (E), respectively; and
       (B) by inserting after subparagraph (A) the following:
       ``(B) in cases where the facility or place at which the 
     electronic surveillance will be directed is not known at the 
     time the order is issued, that the electronic surveillance be 
     conducted only for such time as it is reasonable to presume 
     that the target of the surveillance is or was reasonably 
     proximate to the particular facility or place;''.
       (b) Sunsets on Roving Wiretap Authority.--Section 102(b)(1) 
     of the USA PATRIOT Improvement and Reauthorization Act of 
     2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 
     note, and 50 U.S.C. 1862 note) is amended to read as follows:
       ``(1) In general.--
       ``(A) Section 206.--Effective December 31, 2013, the 
     Foreign Intelligence Surveillance Act of 1978 is amended so 
     that section 105(c)(2) (50 U.S.C. 1805(c)(2)) read as such 
     section read on October 25, 2001.
       ``(B) Section 215.--Effective May 27, 2011, the Foreign 
     Intelligence Surveillance Act of 1978 is amended so that 
     sections 501 and 502 (50 U.S.C. 1861 and 1862) read as such 
     sections read on October 25, 2001.''.

  Mr. PAUL. Mr. President, in accordance with rule V of the Standing 
Rules of the Senate, I hereby give notice in writing that it is my 
intention to move to suspend Rule XIV, paragraphs 3 and 4 for the 
purpose of moving to proceed to S. 1077, as follows:

                                S. 1077

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. JUDICIAL REVIEW OF SUSPICIOUS ACTIVITY REPORTS.

       Section 5318(g) of title 31, United States Code, is 
     amended--
       (1) in paragraph (1), by inserting before the period at the 
     end ``, subject to judicial review under paragraph (5)''; and
       (2) by adding at the end the following:
       ``(5) Judicial review.--The Secretary may not, under this 
     section or the rules issued under this section, or under any 
     other provision of law, require any financial institution, 
     director, officer, employee, or agent of any financial 
     institution, or any other entity that is otherwise subject to 
     regulation or oversight by the Secretary or pursuant to the 
     securities laws (as that term is defined under section 3 of 
     the Securities Exchange Act of 1934) to report any 
     transaction under this section or its equivalent under such 
     provision of law, unless the appropriate district court of 
     the United States issues an order finding that a warrant 
     could be issued under rule 41 of the Federal Rules of 
     Criminal Procedure for the information sought to be obtained 
     by the Secretary.''.

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