S.Amdt. 2897Senate109th Congress (2005-2007)

S.Amdt. 2897

What it does: 4 changes: replaces text in 2 places, strikes text, adds a section
Submitted February 16, 2006

What it changes

4 changes to S. 2271 · 2 shown in the bill's text

Replaces text in 2 placesStrikes textAdds a section
  1. Change 1: Replaces “Not less than 1 year after the date of the issuance of the production order, the recipien…” with “A person receiving”

    ReplacesPage 2, lines 22–24Printed page

    In S. 2271 · Placed on Calendar Senate

    "(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). [struck: Not less than 1 year after the date of the issuance of the production order, the recipient of ][inserted: A person receiving ]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).

    Original wording

    On page 2, lines 22 through 24, strike “Not less than 1 year after the date of the issuance of the production order, the recipient of” and insert “A person receiving”.

  2. Change 2: Strikes page 4, lines 12–19

    Removes page 4, lines 12–19 of the printed bill. See that page

    Original wording

    On page 4, strike lines 12 through 19.

  3. Change 3: Replaces “(iii)” with “(ii)”

    ReplacesPage 4, line 20Printed page

    [struck: (iii)][inserted: (ii)]

    Original wording

    On page 4, line 20, strike “(iii)” and insert “(ii)”.

  4. Change 4: Adds SEC. 6. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS; ELIMINATION OF THE "CONCLUSIVE PRESUMPTION" at the end of the bill

    Adds a section

    In S. 2271 · Placed on Calendar Senate

    "(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.".

    Inserted: SEC. 6. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS; ELIMINATION OF THE "CONCLUSIVE PRESUMPTION".

    Inserted: Section 3511(b) of title 18, United States Code, as amended by the applicable Act, is amended--

    Inserted: (1) in paragraph (2), by striking the last sentence; and

    Inserted: (2) in paragraph (3), by striking the last sentence.

    Original wording

    At the end of the bill, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2897. Mr. LEAHY submitted an amendment intended to be proposed by him to the bill S. 2271, to clarify that individuals who receive FISA orders can challenge nondisclosure requirements, that individuals who receive national security letters are not required to disclose the name of their attorney, that libraries are not wire or electronic communication service providers unless they provide specific services, and for other purposes; which was ordered to lie on the table; as follows:

On page 2, lines 22 through 24, strike “Not less than 1 year after the date of the issuance of the production order, the recipient of” and insert “A person receiving”.

On page 4, strike lines 12 through 19.

On page 4, line 20, strike “(iii)” and insert “(ii)”.

At the end of the bill, add the following:

SEC. 6. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS; ELIMINATION OF THE “CONCLUSIVE PRESUMPTION”.

Section 3511(b) of title 18, United States Code, as amended by the applicable Act, is amended--

(1) in paragraph (2), by striking the last sentence; and

(2) in paragraph (3), by striking the last sentence.

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Senate amendment submitted

February 16, 2006