TASK DEFINITION: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
PROBLEM: SECTION 1. SHORT TITLE: TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Port Authority of 
New York/New Jersey Port Security Task Force Implementation Act of 
2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Secure systems of international intermodal transportation. 
Sec. 3. Regional recovery plans. 
Sec. 4. National tactical plans.
Sec. 5. Risk based resource allocation. 
Sec. 6. Use of maritime security risk assessment model.
Sec. 7. Maritime and cargo security integrated project teams.
Sec. 8. Integration of security plans and systems with local port 
                            authority and law enforcement agencies.
Sec. 9. Standardized policy for advanced notice of Coast Guard boarding 
                            for security or port state control 
                            inspections.
Sec. 10. Fraudulent or tampered with transportation worker 
                            identification cards.
Sec. 11. Federal licensing of ship agents.
Sec. 12. Establishment of a security individual.
Sec. 13. Certification of maritime security guards.
Sec. 14. Grants to tier 1 and tier 2 ports require regional strategic 
                            risk management assessment.
Sec. 15. Vessel security plans for supply and similar vessels.

SEC. 2. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.

    Section 70116 of title 46, United States Code, is amended--
            (1) by striking ``transportation.'' in subsection (a) and 
        inserting ``transportation--
            ``(1) to ensure the security and integrity of shipments of 
        goods to the United States from the point at which such goods 
        are initially packed or loaded into a cargo container for 
        international shipment until they reach their ultimate 
        destination; and
            ``(2) to facilitate the movement of such goods through the 
        entire supply chain through an expedited security and clearance 
        program.''; and
            (2) by striking subsection (b) and inserting the following:
    ``(b) Program Elements.--Within one year after the date of 
enactment of the Port Authority of New York/New Jersey Port Security 
Task Force Implementation Act of 2008, the Secretary, acting through 
the Commissioner of Customs and Border Protection, shall--
            ``(1) establish minimum standards and procedures for 
        verifying, at the point at which goods are placed in a cargo 
        container for shipping, that the container is free of 
        unauthorized contents, including hazardous chemical, 
        biological, radiological, or nuclear material and for securely 
        sealing such containers after the contents are so verified;
            ``(2) establish standards and procedures for securing cargo 
        and monitoring that security while in transit;
            ``(3) develop performance standards to enhance the physical 
        security of shipping containers, including performance 
        standards for seals and locks and protocols and procedures to 
        address anomalies;
            ``(4) establish standards and procedures for screening and 
        evaluating cargo prior to loading in a foreign port for 
        shipment to the United States either directly or via a foreign 
        port;
            ``(5) establish standards and procedures that will enable 
        the United States Government to ensure and validate compliance 
        with those standards and procedures; and
            ``(6) incorporate any other measures the Secretary 
        considers necessary to ensure the security and integrity of 
        international intermodal transport movements.
    ``(c) Requirements for Entry of Containers.--Beginning 1 year after 
the date on which the Secretary determines that the standards and 
procedures under subsection (b)(5) have been established and are in 
effect, the Commissioner of Customs and Border Protection shall refuse 
entry into the customs territory of the United States to any container, 
arriving directly or via a foreign port, unless the entity shipping the 
container has complied with those standards and procedures with respect 
to that container.''.

SEC. 3. REGIONAL RECOVERY PLANS.

    (a) Establishment.--Section 70103(b)(2) of title 46, United States 
Code, is amended--
            (1) by redesignating subparagraphs (E) through (G) as 
        subparagraphs (F) through (H), respectively; and
            (2) by inserting after subparagraph (D) the following:
                    ``(E) establish regional response and recovery 
                protocols to prepare for, respond to, mitigate against, 
                and recover from a transportation security incident 
                consistent with section 202 of the Security and 
                Accountability for Every Port Act of 2006 (6 U.S.C. 
                942) and section 70103(a) of title 46, United States 
                Code;''.
    (b) Coordination of Plans.--Section 70103(b)(1) of title 46, United 
States Code, is amended--
            (1) by striking ``and'' after the semicolon in subparagraph 
        (F);
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following:
            ``(G) be consistent with, and support implementation of, 
        the National Incident Management System, the National Response 
        Plan, the National Infrastructure Protection Plan, the National 
        Preparedness Guidance, the National Preparedness Goal, the 
        National Transportation Security Plan, National Tactical Plans, 
        and other similar initiatives; and''.
    (c) Use of Area Maritime Transportation Security Plans in 
Exercises.--Section 114(b)(1) of the SAFE Port Act (6 U.S.C. 912(b)) is 
amended--
            (1) by striking ``and'' after the semicolon in paragraph 
        (1);
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following:
            ``(2) utilizes the Area Maritime Transportation Security 
        Plans established under section 70103(b) of title 46, United 
        States Code, in conducting such exercises; and''.

SEC. 4. NATIONAL TACTICAL PLANS.

    The Secretary of the department in which the Coast Guard is 
operating shall ensure that the National Tactical Plan is shared with 
the Area Maritime Security Committees established under section 70112 
of title 46, United States Code. The Area Maritime Security Committees 
shall use the plan in developing regional and local plans and for 
exercises.

SEC. 5. RISK BASED RESOURCE ALLOCATION.

    (a) National Standard.--Within 1 year after the date of enactment 
of this Act, in carrying out chapter 701 of title 46, United States 
Code, the Homeland Security Act of 2002, and the Security and 
Accountability for Every Port Act of 2006 the Secretary of the 
department in which the Coast Guard is operating shall develop and 
utilize a national standard and formula for prioritizing and addressing 
assessed security risks at United States ports, such as the Maritime 
Assessment Strategy Tool that has been tested by the Department of 
Homeland Security.
    (b) Use by Maritime Security Committees.--Within 2 years after the 
date of enactment of this Act, the Secretary shall require each Area 
Maritime Security Committee to use this standard to regularly evaluate 
each port's assessed risk and prioritize how to mitigate the most 
significant risks.
    (c) Other Uses of Standard.--The Secretary shall utilize the 
standard when considering departmental resource allocations and grant-
making decisions.

SEC. 6. USE OF MARITIME SECURITY RISK ASSESSMENT MODEL.

    Within 180 days after the date of enactment of this Act, the 
Secretary of the department in which the Coast Guard is operating shall 
make the United States Coast Guard's Maritime Security Risk Assessment 
Model tool available, in an unclassified version, on a limited basis to 
regulated vessels and facilities to conduct true risk assessments of 
their own facilities and vessels using the same criteria employed by 
the United States Coast Guard when evaluating a port area.

SEC. 7. MARITIME AND CARGO SECURITY INTEGRATED PROJECT TEAMS.

    The Secretary of Homeland Security shall--
            (1) establish integrated project teams within the science 
        and technology directorate to assist the Department of Homeland 
        Security in product research, development, transition, and 
        acquisition activities for cargo security; and
            (2) provide for participation by port authorities or the 
        appropriate State agency responsible for oversight of port 
        areas in such activities.

SEC. 8. INTEGRATION OF SECURITY PLANS AND SYSTEMS WITH LOCAL PORT 
              AUTHORITY AND LAW ENFORCEMENT AGENCIES.

    Section 70102 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(c) Sharing of Assessment; Integration of Plans and Equipment.--
The owner or operator of a facility shall--
            ``(1) make a current copy of the vulnerability assessment 
        conducted under subsection (b) available to the port authority 
        with jurisdiction of the facility and appropriate State or 
        local law enforcement agencies; and
            ``(2) integrate, to the maximum feasible extent, any 
        security system for the facility with compatible systems 
        operated or maintained by the port authority or such law 
        enforcement agencies.''.

SEC. 9. STANDARDIZED POLICY FOR ADVANCED NOTICE OF COAST GUARD BOARDING 
              FOR SECURITY OR PORT STATE CONTROL INSPECTIONS.

    Within 90 days after the date of enactment of this Act, the 
Commandant of the Coast Guard shall establish, and publish in the 
Federal Register, a policy governing how much advance notice is to be 
provided by the Coast Guard to the owner or operator of a vessel before 
the vessel is boarded by the Coast Guard for ISPS compliance or Port 
State Control inspection.

SEC. 10. FRAUDULENT OR TAMPERED WITH TRANSPORTATION WORKER 
              IDENTIFICATION CARDS.

    Section 70105 of title 46, United States Code, is amended by adding 
at the end thereof the following:
    ``(n) Confiscation of Fraudulent TWICs.--If any Federal, State, or 
local government law enforcement officer, or any member of the United 
States Coast Guard in the execution of such officer's duties, has 
reasonable cause to believe that a transportation security card issued 
under this section is fraudulent, has been unlawfully modified, or is 
otherwise invalid, the officer may confiscate the card, notify the 
Department of Homeland Security, and hold the bearer of the card in 
custody for a reasonable period of time for relinquishment to 
appropriate law enforcement authorities.''.

SEC. 11. FEDERAL LICENSING OF SHIP AGENTS.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Federal Maritime Commission shall establish and implement a 
procedure for the training, certification, and licensing of steamship 
agents and agencies operating in the United States.
    (b) TWIC Required.--An individual may not receive a license under 
the procedure established by the Federal Maritime Commission under 
subsection (a) unless that individual holds a valid transportation 
security card issued under section 70105 of title 46, United States 
Code.
    (c) License Requirement.--Beginning 1 year after the date on which 
the Federal Maritime Commission establishes the licensing procedure, or 
after such date as the Federal Maritime Commission may establish, it 
shall be unlawful for any person to act as a vessel agent in the United 
States without a valid license issued by the Federal Maritime 
Commission and a valid transportation security card issued under 
section 70105 of title 46, United States Code.
    (d) Enforcement.--Violation of subsection (c) is punishable by 
imprisonment for not more than 1 year and a fine under title 18, United 
States Code.

SEC. 12. ESTABLISHMENT OF A SECURITY INDIVIDUAL.

    Under regulations prescribed by the Secretary of Homeland Security, 
each vessel documented under chapter 121 of title 46, United States 
Code, and each foreign vessel entering a United States port, engaged in 
the commercial transportation of goods or passengers shall--
            (1) designate a United States person that is responsible 
        for responding to a transportation security incident involving 
        the vessel while in a United States port by notifying 
        appropriate emergency response entities and facilitating vessel 
        response activities; and
            (2) provide notice to the Secretary of Homeland Security, 
        the Commandant of the Coast Guard, and the captain of the port 
        of the identity and contact information for such person.

SEC. 13. CERTIFICATION OF MARITIME SECURITY GUARDS.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended by adding at the end thereof the following:
``Sec. 70122. Incident command system training
    ``The Secretary shall ensure that all maritime security guards meet 
minimum training and performance standards in the Department of 
Homeland Security's security awareness and response procedures and in 
the handling of hazardous materials.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 701 of 
title 46, United States Code, is amended by inserting after the item 
relating to section 70121 the following:

``70122. Incident command system training.''.

SEC. 14. GRANTS TO TIER 1 AND TIER 2 PORTS REQUIRE REGIONAL STRATEGIC 
              RISK MANAGEMENT ASSESSMENT.

    Section 70107(a) of title 46, United States Code, is amended by 
adding at the end ``The Secretary shall establish regional strategic 
risk management priorities for tier 1 and tier 2 ports and take such 
priorities into account in awarding grants under this section.''.

SEC. 15. VESSEL SECURITY PLANS FOR SUPPLY AND SIMILAR VESSELS.

    (a) In General.--Section 70103(c)(2)(A) of title 46, United States 
Code, is amended by striking ``incident;'' and inserting ``incident 
(including supply vessels, bunker and fuel deliver and launch vessels 
conducting activities or providing services to other vessels at 
anchorage;''.
    (b) TWICs Required for Crew.--Section 70105(b)(2)(F) of title 46, 
United States Code, is amended by inserting ``personnel working on 
board vessels described in section 70103(c)(2)(A) of this title and'' 
after ``(F)''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 1 year after the date of enactment of this Act.

SOLUTION: Port Authority of New York/New Jersey Port Security Task Force Implementation Act of 2008 - Amends federal port security law to revise mandatory elements of the secure system of transportation program.

Directs the Secretary of the department in which the Coast Guard is operating, acting through the Commissioner of Customs and Border Protection, to establish minimum program standards and procedures for verifying, at the point goods are placed in a cargo container for shipping, that such container is free of unauthorized contents, including hazardous chemical, biological, radiological, or nuclear material, and is securely sealed after verification of its contents. Prohibits the entry of any container that has not complied with such standards and procedures.

Requires Area Maritime Transportation Security Plans to establish regional response and recovery protocols for transportation security incidents.

Amends the SAFE Port Act to require the Secretary of Homeland Security to ensure that the Port Security Exercise Program utilizes Area Maritime Transportation Security Plans in conducting port security exercises.

Requires the Secretary of the department in which the Coast Guard is operating to develop and utilize a national standard for prioritizing and assessing security risks at U.S. ports, such as the Maritime Assessment Strategy Tool.

Sets forth requirements regarding: (1) use of the U.S. Coast Guard's Maritime Security Risk Assessment Model tool to conduct vessel and port facility security risk assessments; (2) establishment of maritime and cargo security integrated project teams; (3) sharing of port facility vulnerability assessments and integration of port security plans and systems with local port authority and law enforcement agencies; (4) policy for advanced notice of Coast Guard boarding of vessels for security or Port State Control inspections; (5) confiscation of fraudulent transportation worker identification cards (TWICs); (6) Federal Maritime Commission training and licensing of steamship agents; (7) designation of a U.S. person to be responsible for notifying emergency response entities in the event of a transportation security incident involving a U.S. or foreign vessel; (8) minimum incident command system training and performance standards for maritime security guards; (9) consideration of regional strategic risk management priorities for tier 1 and tier 2 ports in grant awards; and (10) the submission of security plans for supply, bunker, and fuel deliver and launch vessels conducting activities or providing services to other vessels at anchorage.

PROBLEM: SECTION 1. KOREA VISA WAIVER PILOT PROGRAM.

    (a) Congressional Findings.--The Congress finds that--
            (1) travel and tourism play a major role in reducing the 
        United States unfavorable balance of trade;
            (2) the characteristics of the Korean travel market do not 
        permit long-term planning for longer trips;
            (3) applications for United States visas cannot now be 
        processed in a reasonable period of time;
            (4) the Secretary of State has attempted to solve the 
        problem by adding additional staff to the consular section at 
        the United States Embassy in Seoul;
            (5) unfortunately, these additions have not resulted in any 
        discernable improvement in reducing visa processing delays;
            (6) further, it is unlikely, given the current fiscal 
        environment, to expect funding to be available for further 
        staff additions in sufficient numbers to effect any significant 
        improvement in the time required to process visa applications;
            (7) most of the nations of the South Pacific, Europe, and 
        Canada do not currently require Koreans entering their 
        countries to have a visa, thus providing them with a serious 
        competitive advantage in the tourism industry;
            (8) the United States territory of Guam has been permitted 
        by the United States Government to eliminate visa requirements 
        for Koreans visiting Guam, with resultant impressive increases 
        in travel and tourism from citizens of the Republic of Korea;
            (9) any application under existing procedures to add the 
        Republic of Korea, or any other nation to the group of favored 
        nations exempted from United States visa regulations, would 
        require many years during which time the United States could 
        well lose its competitive advantages in attracting travel and 
        tourism from the Republic of Korea;
            (10) the Republic of Korea, as a gesture of goodwill, has 
        already unilaterally exempted United States tourists who seek 
        to enter the Republic of Korea from the requirement of 
        obtaining a visa; and
            (11) growth in Korean travel to the United States has not 
        kept pace with growth in travel to non-United States 
        destinations, and cumbersome and time-consuming visa processing 
        procedures are widely recognized as the cause of this loss of 
        market share and competitiveness with alternative destinations.
    (b) Pilot Program.--The Secretary of State and the Attorney General 
jointly shall establish a pilot project (in this section referred to as 
the ``pilot program'') within six months of the date of the enactment 
of this Act under which the requirement of paragraph (7)(B)(i)(II) of 
section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(7)(B)(i)(II)) is waived during the pilot program period in the 
case of any alien who meets the following requirements:
            (1) National of pilot program country.--The alien is a 
        national of, and presents a passport issued by, the Republic of 
        Korea. The Republic of Korea is urged to provide machine 
        readable passports to its citizens in the near future.
            (2) Seeking entry as tourist.--The alien is applying for 
        admission to the United States during the pilot program period 
        as a nonimmigrant visitor for pleasure (as described in section 
        101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(B))), as part of a group tour to the United States.
            (3) Period of stay.--The alien seeks to stay in the United 
        States for a period of not more than 15 days.
            (4) Executes immigration forms.--The alien before the time 
        of such admission completes such immigration form as the 
        Attorney General shall establish.
            (5) Entry into the united states.--If arriving by sea or 
        air, the alien arrives at the port of entry into the United 
States on a carrier which has entered into an agreement with the 
Immigration and Naturalization Service to guarantee transport of the 
alien out of the United States if the alien is found inadmissible or 
deportable by an immigration officer.
            (6) Not a safety threat.--The alien has been determined not 
        to represent a threat to the welfare, health, safety, or 
        security of the United States.
            (7) No previous violation.--If the alien previously was 
        admitted without a visa under this section, the alien must not 
        have failed to comply with the conditions of any previous 
        admission as such a nonimmigrant.
            (8) Round-trip ticket.--The alien is in possession of a 
        round-trip transportation ticket (unless this requirement is 
        waived by the Attorney General under regulations).
    (c) Waiver of Rights.--An alien may not be provided a waiver under 
the pilot program unless the alien has waived any right--
            (1) to review or appeal under this Act of an immigration 
        officer's determination as to the admissibility of the alien at 
        the port of entry into the United States, or
            (2) to contest, other than on the basis of an application 
        for asylum, any action for deportation against the alien.
    (d) Termination of Authority.--Notwithstanding any other provision 
of this section, the Attorney General and the Secretary of State, 
acting jointly, may terminate the pilot program under this section on 
or after a date which is one year after the date of the establishment 
of the pilot program if--
            (1) during the preceding fiscal year, the overstay rate for 
        nationals of the Republic of Korea entering the United States 
        under the pilot program exceeds the overstay rate of such 
        nationals entering the United States with valid visas; and
            (2) the Attorney General and the Secretary of State have 
        jointly determined that the pilot program is leading to a 
        significant increase in the number of overstays by such 
        nationals.
    (e) Special Bond and Notification Requirements for Tour 
Operators.--
            (1) In general.--Nationals of the Republic of Korea may not 
        enter the United States under the terms of this section unless 
        they are accompanied for the duration of their authorized 
        admission period by a tour operator who has fulfilled the 
        following requirements:
                    (A) The tour operator has posted a bond of $200,000 
                with the Secretary of State.
                    (B) The Secretary of State, under such regulations 
                as the Secretary may prescribe, has approved an 
                application by the tour operator to escort tour groups 
                to the United States.
                    (C) The tour operator provides the name, address, 
                birthdate, passport number, and citizenship of all 
                prospective tour group members to the Secretary of 
                State no less than one business day prior to the 
                departure date of the group, under such regulations as 
                he may prescribe, in order to determine that the 
                prospective travelers do not represent a threat to the 
                welfare, health, safety, and security of the United 
                States.
                    (D) The tour operator excludes from the tour group 
                any person whom the Secretary of State denies 
                permission to travel to the United States.
                    (E) The tour operator provides written 
                certification or other such evidence prescribed by the 
                Secretary of State and Attorney General which documents 
the return to Korea of each tour group member.
            (2) Forfeiture of bonds.--Bonds posted in accordance with 
        this subsection shall be forfeited in whole or in part and a 
        tour operator's authorization to escort tours to the United 
        States may be suspended or revoked if the Secretary of State 
        finds that the tour operator--
                    (A) has failed to disclose a material fact in 
                connection with the application required under 
                paragraph (1)(B);
                    (B) fails to comply with the advance notification 
                and refusal requirements of paragraphs (1)(C) and 
                (1)(D);
                    (C) has failed to take adequate steps to ensure 
                that visitors who are being escorted to the United 
                States under the terms of an approved application 
                return to their country of residence; or
                    (D) is found at any time to have committed a felony 
                or any offense under the immigration laws of the United 
                States.
    (f) Participation by Tour Agents.--The Secretary of State shall 
periodically review the overstay rate of nationals of the Republic of 
Korea that corresponds to each tour agent participating in the program 
under this section. The Secretary may terminate the participation in 
the program of any tour agent if the Secretary determines that the 
corresponding overstay rate is excessive.
    (g) Definitions.--For purposes of this section--
            (1) Group tour.--The term ``group tour'' means travelers 
        who take advantage of group-purchased hotel or airfare 
        packages, as guided, supervised, and arranged by a tour agent 
        in the Republic of Korea approved or licensed by the Department 
        of State.
            (2) Overstay rate.--The term ``overstay rate'' means, 
        during a specified period of time, the proportion that the 
        number of aliens remaining in the United States after the 
        expiration of their visas bears to the total number of aliens 
        entering the United States during that period of time.
            (3) Pilot program period.--The term ``pilot program 
        period'' means the three-year period immediately following the 
        establishment of the pilot program.

SOLUTION: Directs the Secretary of State and the Attorney General to jointly establish a visa waiver pilot program for Korean nationals traveling in tour groups to the United States.  Specifies requirements for such waiver.

PROBLEM: 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.''.
    This Act shall become effective immediately upon enactment.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.

SOLUTION:
USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to allow a person receiving a production order (an order from the Director of the Federal Bureau of Investigation (FBI) or his designee (Director) to produce any tangible thing, such as a book, document, or record) to challenge its legality by filing a petition with a pool of three district court judges established by the Chief Justice of the United States for such purpose. Permits the filing of a petition, no sooner than one year after issuance of the production order, challenging any accompanying nondisclosure order (an order prohibiting the person receiving the production order from disclosing that the FBI sought information).

Requires the presiding judge of the pool to immediately assign a judge to conduct an initial review of a petition. Requires such judge, within 72 hours of the assignment, to make an initial petition review. Requires the judge to immediately deny such petition if it is frivolous and affirm the production or nondisclosure order.

Permits any order setting aside a nondisclosure order to be stayed pending review upon request of the government. Permits setting aside a nondisclosure order if there is no reason to believe that national security would be endangered. Establishes as conclusive a certification by the Director or the Attorney General that the setting aside of a nondisclosure order may endanger national security or interfere with diplomatic relations, unless the certification was found to be made in bad faith.

Requires upholding a production order unless it is found to be unlawful. Requires immediate compliance with the production order if the judge does not set aside such order.

Grants the Supreme Court, upon writ of certiorari, jurisdiction to review a decision. Requires any judicial review to be as expeditious as possible and all petitions to be filed under seal. Requires any court proceedings, upon request from the government, to be ex parte and in camera.

Amends federal criminal law, the Fair Credit Reporting Act, the Right to Financial Privacy Act, and the National Security Act of 1947 to require a person making a disclosure to identify to the Director or requesting official the person to whom such disclosure will be made or was made prior to the request, but permits withholding the identity of an attorney to whom a disclosure was or will be made to obtain legal advice or assistance with respect to the request.

Considers a library not to be a wire or electronic service communication provider for purposes of granting national security letters, unless the library provides "electronic communication service."

Makes this Act effective immediately upon enactment.