II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘USA PATRIOT Act 

3 Additional Reauthorizing Amendments Act of 2006’’. 

4 SEC. 2. DEFINITION. 

5 As used in this Act, the term ‘‘applicable Act’’ means 

6 the Act entitled ‘‘An Act to extend and modify authorities 

7 needed to combat terrorism, and for other purposes.’’ 

8 (109th Congress, 2d Session). 

9 SEC. 3. JUDICIAL REVIEW OF FISA ORDERS. 

10 Subsection (f) of section 501 of the Foreign Intel11 ligence Surveillance Act of 1978 (50 U.S.C. 1861), as 

12 amended by the applicable Act, is amended to read as fol13 lows: 

14 ‘‘(f)(1) In this subsection— 

15 ‘‘(A) the term ‘production order’ means an 

16 order to produce any tangible thing under this sec17 tion; and 

18 ‘‘(B) the term ‘nondisclosure order’ means an 

19 order imposed under subsection (d). 

20 ‘‘(2)(A)(i) A person receiving a production order may 

21 challenge the legality of that order by filing a petition with 

22 the pool established by section 103(e)(1). Not less than 

23 1 year after the date of the issuance of the production 

24 order, the recipient of a production order may challenge 

25 the nondisclosure order imposed in connection with such 

26 production order by filing a petition to modify or set aside 
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1 such nondisclosure order, consistent with the requirements 

2 of subparagraph (C), with the pool established by section 

3 103(e)(1). 

4 ‘‘(ii) The presiding judge shall immediately assign a 

5 petition under clause (i) to 1 of the judges serving in the 

6 pool established by section 103(e)(1). Not later than 72 

7 hours after the assignment of such petition, the assigned 

8 judge shall conduct an initial review of the petition. If the 

9 assigned judge determines that the petition is frivolous, 

10 the assigned judge shall immediately deny the petition and 

11 affirm the production order or nondisclosure order. If the 

12 assigned judge determines the petition is not frivolous, the 

13 assigned judge shall promptly consider the petition in ac14 cordance with the procedures established under section 

15 103(e)(2). 

16 ‘‘(iii) The assigned judge shall promptly provide a 

17 written statement for the record of the reasons for any 

18 determination under this subsection. Upon the request of 

19 the Government, any order setting aside a nondisclosure 

20 order shall be stayed pending review pursuant to para21 graph (3). 

22 ‘‘(B) A judge considering a petition to modify or set 

23 aside a production order may grant such petition only if 

24 the judge finds that such order does not meet the require25 ments of this section or is otherwise unlawful. If the judge 
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1 does not modify or set aside the production order, the 

2 judge shall immediately affirm such order, and order the 

3 recipient to comply therewith. 

4 ‘‘(C)(i) A judge considering a petition to modify or 

5 set aside a nondisclosure order may grant such petition 

6 only if the judge finds that there is no reason to believe 

7 that disclosure may endanger the national security of the 

8 United States, interfere with a criminal, counterterrorism, 

9 or counterintelligence investigation, interfere with diplo10 matic relations, or endanger the life or physical safety of 

11 any person. 

12 ‘‘(ii) If, upon filing of such a petition, the Attorney 

13 General, Deputy Attorney General, an Assistant Attorney 

14 General, or the Director of the Federal Bureau of Inves15 tigation certifies that disclosure may endanger the na16 tional security of the United States or interfere with diplo17 matic relations, such certification shall be treated as con18 clusive, unless the judge finds that the certification was 

19 made in bad faith. 

20 ‘‘(iii) If the judge denies a petition to modify or set 

21 aside a nondisclosure order, the recipient of such order 

22 shall be precluded for a period of 1 year from filing an23 other such petition with respect to such nondisclosure 

24 order. 
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1 ‘‘(D) Any production or nondisclosure order not ex2 plicitly modified or set aside consistent with this sub3 section shall remain in full effect. 

4 ‘‘(3) A petition for review of a decision under para5 graph (2) to affirm, modify, or set aside an order by the 

6 Government or any person receiving such order shall be 

7 made to the court of review established under section 

8 103(b), which shall have jurisdiction to consider such peti9 tions. The court of review shall provide for the record a 

10 written statement of the reasons for its decision and, on 

11 petition by the Government or any person receiving such 

12 order for writ of certiorari, the record shall be transmitted 

13 under seal to the Supreme Court of the United States, 

14 which shall have jurisdiction to review such decision. 

15 ‘‘(4) Judicial proceedings under this subsection shall 

16 be concluded as expeditiously as possible. The record of 

17 proceedings, including petitions filed, orders granted, and 

18 statements of reasons for decision, shall be maintained 

19 under security measures established by the Chief Justice 

20 of the United States, in consultation with the Attorney 

21 General and the Director of National Intelligence. 

22 ‘‘(5) All petitions under this subsection shall be filed 

23 under seal. In any proceedings under this subsection, the 

24 court shall, upon request of the Government, review ex 
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1 parte and in camera any Government submission, or por2 tions thereof, which may include classified information.’’. 

3 SEC. 4. DISCLOSURES. 

4 (a) FISA.—Subparagraph (C) of section 501(d)(2) 

5 of the Foreign Intelligence Surveillance Act of 1978 (50 

6 U.S.C. 1861(d)(2)), as amended by the applicable Act, is 

7 amended to read as follows: 

8 ‘‘(C) At the request of the Director of the Federal 

9 Bureau of Investigation or the designee of the Director, 

10 any person making or intending to make a disclosure 

11 under subparagraph (A) or (C) of paragraph (1) shall 

12 identify to the Director or such designee the person to 

13 whom such disclosure will be made or to whom such disclo14 sure was made prior to the request.’’. 

15 (b) TITLE 18.—Paragraph (4) of section 2709(c) of 

16 title 18, United States Code, as amended by the applicable 

17 Act, is amended to read as follows: 

18 ‘‘(4) At the request of the Director of the Fed19 eral Bureau of Investigation or the designee of the 

20 Director, any person making or intending to make 

21 a disclosure under this section shall identify to the 

22 Director or such designee the person to whom such 

23 disclosure will be made or to whom such disclosure 

24 was made prior to the request, except that nothing 

25 in this section shall require a person to inform the 
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1 Director or such designee of the identity of an attor2 ney to whom disclosure was made or will be made 

3 to obtain legal advice or legal assistance with respect 

4 to the request under subsection (a).’’. 

5 (c) FAIR CREDIT REPORTING ACT.— 

6 (1) IN GENERAL.—Paragraph (4) of section 

7 626(d) of the Fair Credit Reporting Act (15 U.S.C. 

8 1681u(d)), as amended by the applicable Act, is 

9 amended to read as follows: 

10 ‘‘(4) At the request of the Director of the Fed11 eral Bureau of Investigation or the designee of the 

12 Director, any person making or intending to make 

13 a disclosure under this section shall identify to the 

14 Director or such designee the person to whom such 

15 disclosure will be made or to whom such disclosure 

16 was made prior to the request, except that nothing 

17 in this section shall require a person to inform the 

18 Director or such designee of the identity of an attor19 ney to whom disclosure was made or will be made 

20 to obtain legal advice or legal assistance with respect 

21 to the request for the identity of financial institu22 tions or a consumer report respecting any consumer 

23 under this section.’’. 

24 (2) OTHER AGENCIES.—Paragraph (4) of sec25 tion 627(c) of the Fair Credit Reporting Act (15 
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1 U.S.C. 1681v(c)), as amended by the applicable Act, 

2 is amended to read as follows: 

3 ‘‘(4) At the request of the authorized govern4 ment agency, any person making or intending to 

5 make a disclosure under this section shall identify to 

6 the requesting official of the authorized government 

7 agency the person to whom such disclosure will be 

8 made or to whom such disclosure was made prior to 

9 the request, except that nothing in this section shall 

10 require a person to inform the requesting official of 

11 the identity of an attorney to whom disclosure was 

12 made or will be made to obtain legal advice or legal 

13 assistance with respect to the request for informa14 tion under subsection (a).’’. 

15 (d) RIGHT TO FINANCIAL PRIVACY ACT.— 

16 (1) IN GENERAL.—Subparagraph (D) of section 

17 1114(a)(3) of the Right to Financial Privacy Act 

18 (12 U.S.C. 3414(a)(3)), as amended by the applica19 ble Act, is amended to read as follows: 

20 ‘‘(D) At the request of the authorized Govern21 ment authority or the Secret Service, any person 

22 making or intending to make a disclosure under this 

23 section shall identify to the requesting official of the 

24 authorized Government authority or the Secret Serv25 ice the person to whom such disclosure will be made 
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1 or to whom such disclosure was made prior to the 

2 request, except that nothing in this section shall re3 quire a person to inform the requesting official of 

4 the authorized Government authority or the Secret 

5 Service of the identity of an attorney to whom dis6 closure was made or will be made to obtain legal ad7 vice or legal assistance with respect to the request 

8 for financial records under this subsection.’’. 

9 (2) FEDERAL BUREAU OF INVESTIGATION.— 

10 Clause (iv) of section 1114(a)(5)(D) of the Right to 

11 Financial Privacy Act (12 U.S.C. 3414(a)(5)(D)), as 

12 amended by the applicable Act, is amended to read 

13 as follows: 

14 ‘‘(iv) At the request of the Director of 

15 the Federal Bureau of Investigation or the 

16 designee of the Director, any person mak17 ing or intending to make a disclosure 

18 under this section shall identify to the Di19 rector or such designee the person to 

20 whom such disclosure will be made or to 

21 whom such disclosure was made prior to 

22 the request, except that nothing in this 

23 section shall require a person to inform the 

24 Director or such designee of the identity of 

25 an attorney to whom disclosure was made 
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1 or will be made to obtain legal advice or 

2 legal assistance with respect to the request 

3 for financial records under subparagraph 

4 (A).’’. 

5 (e) NATIONAL SECURITY ACT OF 1947.—Paragraph 

6 (4) of section 802(b) of the National Security Act of 1947 

7 (50 U.S.C. 436(b)), as amended by the applicable Act, is 

8 amended to read as follows: 

9 ‘‘(4) At the request of the authorized investiga10 tive agency, any person making or intending to 

11 make a disclosure under this section shall identify to 

12 the requesting official of the authorized investigative 

13 agency the person to whom such disclosure will be 

14 made or to whom such disclosure was made prior to 

15 the request, except that nothing in this section shall 

16 require a person to inform the requesting official of 

17 the identity of an attorney to whom disclosure was 

18 made or will be made to obtain legal advice or legal 

19 assistance with respect to the request under sub20 section (a).’’. 

21 SEC. 5. PRIVACY PROTECTIONS FOR LIBRARY PATRONS. 

22 Section 2709 of title 18, United States Code, as 

23 amended by the applicable Act, is amended by adding at 

24 the end the following: 
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1 ‘‘(f) LIBRARIES.—A library (as that term is defined 

2 in section 213(1) of the Library Services and Technology 

3 Act (20 U.S.C. 9122(1)), the services of which include ac4 cess to the Internet, books, journals, magazines, news5 papers, or other similar forms of communication in print 

6 or digitally by patrons for their use, review, examination, 

7 or circulation, is not a wire or electronic communication 

8 service provider for purposes of this section, unless the 

9 library is providing the services defined in section 

10 2510(15) (‘electronic communication service’) of this 

11 title.’’. 
Calendar No. 360 

109TH CONGRESS 

2D SESSION S. 2271 

A BILL 

To clarify that individuals who receive FISA orders 

vide specific services, and for other purposes. communication service providers unless they protorney, that libraries are not wire or electronic are not required to disclose the name of their atindividuals who receive national security letters can challenge nondisclosure requirements, that 

FEBRUARY 13, 2006 

Read the second time and placed on the calendar