S 2271 in Congressional Session 109

Bill Number : S 2271

Title : 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.

SUMMARY AS OF: 3/9/2006--Public Law.

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.