S.Amdt. 1445

SA 1445. Mr. PAUL submitted an amendment intended to be proposed by him to the bill H.R. 2048, to reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. COURT APPROVAL FOR NATIONAL SECURITY LETTERS.

(a) In General.--Section 2709(b) of title 18, United States Code, is amended--

(1) in the subsection heading, by striking “Required Certification” and inserting “Request Upon Authorization by Court”; and

(2) in the matter preceding paragraph (1), by striking “The Director” and inserting “If authorized by an order of a Federal court (other than the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a))), the Director”.

(b) Right to Financial Privacy Act of 1978.--Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended by adding at the end the following: “A certification may only be made under this subparagraph if authorized by an order of a Federal court (other than the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a))).”.

(c) Fair Credit Reporting Act.--The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--

(1) in section 626 (15 U.S.C. 1681u)--

(A) in subsection (a), in the second sentence, by inserting “if authorized by an order of a Federal court (other than the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a))) and” after “The Director or the Director's designee may make such a certification only”; and

(B) in subsection (b), in the second sentence, by inserting “if authorized by an order of a Federal court (other than the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a))) and” after “The Director or the Director's designee may make such a certification only”; and

(2) in section 627(b) (15 U.S.C. 1681v(b))--

(A) in the subsection heading, by striking “Form of” and inserting “Requirements for”; and

(B) by striking “described in subsection (a) shall be signed” and inserting the following: “described in subsection (a)--

“(1) may only be made if authorized by an order of a Federal court (other than the court established under section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a))); and

“(2) shall be signed”.