S.Amdt. 368
What it does: Adds SEC. __. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS wherever appropriate
Sen. Rand Paul (R-KY)What it changes
1 change to S. 990
Adds SEC. __. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS wherever appropriate
Adds a sectionInserted: SEC. __. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
Inserted: Section 3511 of title 18, United States Code, is amended by adding at the end the following:
Inserted: "(f) National Security Letters.--An officer or employee of the United States may not issue a National Security Letter under section 270 of title 18, United States Code, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)) unless--
Inserted: "(1) the National Security Letter is submitted to a judge of the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803); and
Inserted: "(2) such judge issues an order finding that a warrant could be issued under rule 41 of the Federal Rules of Criminal Procedure to search for and seize the information sought to be obtained in the National Security Letter.".
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 368. Mr. PAUL (for himself and Mr. Udall of New Mexico) submitted an amendment intended to be proposed by him to the bill S. 990, to provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. JUDICIAL REVIEW OF NATIONAL SECURITY LETTERS.
Section 3511 of title 18, United States Code, is amended by adding at the end the following:
“(f) National Security Letters.--An officer or employee of the United States may not issue a National Security Letter under section 270 of title 18, United States Code, section 626 or 627 of the Fair Credit Reporting Act (15 U.S.C. 1681u and 1681v), section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414), or section 802(a) of the National Security Act of 1947 (50 U.S.C. 436(a)) unless--
“(1) the National Security Letter is submitted to a judge of the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803); and
“(2) such judge issues an order finding that a warrant could be issued under rule 41 of the Federal Rules of Criminal Procedure to search for and seize the information sought to be obtained in the National Security Letter.”.
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Senate amendment submitted
May 25, 2011