To reaffirm the constitutional and statutory protections accorded sealed domestic mail, and for other purposes.

SA 847. Ms. COLLINS (for herself, Mr. Lieberman, Mr. Carper, Mr. Coleman, and Mr. Akaka) submitted an amendment intended to be proposed to amendment SA 843 proposed by Mr. Rockefeller (for himself and Mr. Bond) to the bill S. 372, to authorize appropriations for fiscal year 2007 for the intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. ___. SENSE OF CONGRESS RELATING TO CONSTITUTIONAL AND STATUTORY PROTECTIONS ACCORDED SEALED DOMESTIC MAIL.

(a) Findings.--Congress finds that--

(1) all Americans depend on the United States Postal Service to transact business and communicate with friends and family;

(2) postal customers have a constitutional right to expect that their sealed domestic mail will be protected against unreasonable searches;

(3) the circumstances and procedures under which the Government may search sealed mail are well defined, including provisions under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and generally require prior judicial approval;

(4) the United States Postal Inspection Service has the authority to open and search a sealed envelope or package when there is immediate threat to life or limb or an immediate and substantial danger to property;

(5) the United States Postal Service affirmed January 4, 2007, that the enactment of the Postal Accountability and Enhancement Act (Public Law 109-435) does not grant Federal law enforcement officials any new authority to open domestic mail;

(6) questions have been raised about these basic privacy protections following issuance of the President's signing statement on the Postal Accountability and Enhancement Act (Public Law 109-435); and

(7) the Senate rejects any interpretation of the President's signing statement on the Postal Accountability and Enhancement Act (Public Law 109-435) that in any way diminishes the privacy protections accorded sealed domestic mail under the Constitution and Federal laws and regulations.

(b) Sense of Congress.--It is the sense of Congress that Congress reaffirms the constitutional and statutory protections accorded sealed domestic mail.