Congressman Larsen Set the Record Straight

Friends, I am pleased to pass along the following information from Congressman Rick Larsen of Washington's 2nd CD. Rick clarifies the vote that took place yesterday on the Patriot Act.

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To My Constituents in the 2nd CD:

The press has done a horrible job reporting yesterday's vote on the Patriot Act. The House of Representatives voted last December on the Patriot Act. I voted NO. The US Senate voted on the Patriot Act on March 2nd, Senator Murray voted NO and Senator Cantwell voted YES. Yesterday, the Senate passed an amendment to the Patriot Act that made some very small improvements in the law, I did vote YES on that because I will do every thing possible to fix or eliminate unconstitutional provisions of the Act that passed.

Sincerely,

Rick Larsen
Member of Congress
Washington, 2nd CD
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The following is the summary of what was actually voted on yesterday:
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SUMMARY AS OF:
2/10/2006--Introduced.

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 a determination. 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, 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."

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Finally, in reviewing the December vote in the House, the following House members also voted NO on final passage of the Patriot Act:

Baird, Dicks, Inslee, and Smith. McDermott did not vote.

Peace,

Chad (The Left) Shue