I 
109TH CONGRESS 
1ST SESSION H. R. 2715
To establish reasonable procedural protections for the use of national security 
letters, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 26, 2005
Mr. NADLER (for himself and Mr. FLAKE) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Financial Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish reasonable procedural protections for the use 
of national security letters, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop Self-Authorized 
Secret Searches Act’’. 
SEC. 2. PROCEDURAL PROTECTIONS FOR NATIONAL SECU-
RITY LETTERS. 
(a) STANDARD.—
(1) TITLE
18.—Section 2709(b) of title 18, 
United States Code, is amended—
(A) in paragraph (1), by inserting ‘‘and 
there are specific and articulable facts giving 
reason to believe that the name, address, length 
of service, and toll billing records sought per-
tain to a foreign power or agent of a foreign 
power’’ after ‘‘clandestine intelligence activi-
ties’’; and 
(B) in paragraph (2), by striking ‘‘, pro-
vided that such an investigation’’ and all that 
follows and inserting ‘‘and there are specific 
and articulable facts giving reason to believe 
that communications facilities registered in the 
name of the person or entity have been used, 
through the services of such provider, in com-
munication with—
‘‘(A) an individual who is engaging or has 
engaged in international terrorism or clandes-
tine intelligence activities that involve or may 
involve a violation of the criminal statutes of 
the United States; or 
‘‘(B) a foreign power or an agent of a for-
eign power,
subject to the requirement that such investigation of 
a United States person may not be conducted solely 
upon the basis of activities protected by the first 
amendment to the Constitution of the United 
States.’’. 
(2) 
FINANCIAL
INSTITUTIONS.—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 
inserting ‘‘and there are specific and articulable 
facts giving reason to believe that the records sought 
pertain to a foreign power or agent of a foreign 
power’’ after ‘‘clandestine intelligence activities’’. 
(3) CONSUMER REPORTING AGENCY.—
(A) IN GENERAL.—Section 626 of the Fair 
Credit Reporting Act (15 U.S.C. 1681u) is 
amended—
(i) in the second sentence of sub-
section (a), by inserting ‘‘and there are 
specific and articulable facts giving reason 
to believe that the information sought per-
tains to a foreign power or agent of a for-
eign power’’ after ‘‘clandestine intelligence 
activities’’; 
(ii) in the second sentence of sub-
section (b), by inserting ‘‘and there are
specific and articulable facts giving reason 
to believe that the consumer is a foreign 
power or an agent of a foreign power or 
has been, or is about to be, in contact with 
a foreign power or an agent of a foreign 
power’’ after ‘‘clandestine intelligence ac-
tivities’’; and 
(iii) in the first sentence of subsection 
(c), by inserting ‘‘and there are specific 
and articulable facts giving reason to be-
lieve that the consumer report sought per-
tains to a foreign power or agent of a for-
eign power’’ after ‘‘clandestine intelligence 
activities’’. 
(B) 
GOVERNMENT
AGENCIES.—Section 
627(a) of the Fair Credit Reporting Act (15 
U.S.C. 1681v(a)) is amended by inserting ‘‘and 
there are specific and articulable facts giving 
reason to believe that the information sought 
pertains to a foreign power or agent of a for-
eign power’’ after ‘‘necessary for the agency’s 
conduct or such investigation, activity or anal-
ysis’’. 
(b) REQUIREMENTS.—
(1) Section 2709(b) of title 18, United States 
Code, as amended by subsection (a)(1) is amended—
(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(B) by striking ‘‘The Director of the Fed-
eral Bureau of Investigation’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—The Director of the Fed-
eral Bureau of Investigation’’; and 
(C) by adding after paragraph (1), as 
amended by subparagraph (B), the following 
new paragraph: 
‘‘(2) LIMITATION.—A request under this subsection 
shall not—
‘‘(A) contain any requirement which would be 
held to be unreasonable if contained in a subpoena 
duces tecum issued by a court of the United States 
in aid of a grand jury investigation of espionage or 
international terrorism; or 
‘‘(B) require the production of any documen-
tary evidence which would be privileged from disclo-
sure if demanded by a subpoena duces tecum issued 
by a court of the United States in aid of a grand 
jury investigation of espionage or international ter-
rorism.
‘‘(3) NOTICE.—A request under this subsection shall 
provide notice of the recipient’s right to file a petition 
under subsection (e) and explain the procedures for doing 
so.’’. 
(2) REQUEST FOR INFORMATION FROM FINAN-
CIAL INSTITUTIONS.—Section 1114(a)(5)(A) of the 
Right to Financial Privacy Act of 1978 (12 U.S.C. 
3414(a)(5)(A)), as amended by subsection (a)(2), is 
amended—
(A) by striking ‘‘(5)(A) Financial institu-
tions’’ and inserting ‘‘(5) REQUEST FOR FINAN-
CIAL RECORDS.—
‘‘(A) COMPLIANCE.—
‘‘(i) IN GENERAL.—Financial institu-
tions’’; and 
(B) by inserting after clause (i) (as so re-
designated by subparagraph (A) of this para-
graph) the following new clauses: 
‘‘(ii) LIMITATION.—A request under 
this subsection shall not—
‘‘(I) contain any requirement 
which would be held to be unreason-
able if contained in a subpoena duces 
tecum issued by a court of the United 
States in aid of a grand jury inves-
tigation of espionage or international 
terrorism; or 
‘‘(II) require the production of 
any 
documentary 
evidence 
which 
would be privileged from disclosure if 
demanded by a subpoena duces tecum 
issued by a court of the United States 
in aid of a grand jury investigation of 
espionage or international terrorism. 
‘‘(iii) NOTICE OF RIGHTS.—A request 
under this subsection shall provide notice 
of the recipient’s right to file a petition 
under subparagraph (E) of this paragraph 
and explain the procedures for doing so.’’. 
(3) REQUEST
FOR
INFORMATION
FROM
CON-
SUMER REPORTING AGENCIES.—Section 626 of the 
Fair Credit Reporting Act (15 U.S.C. 1681u) is 
amended by adding at the end the following new 
subsection: 
‘‘(n) LIMITATION.—
‘‘(1) IN GENERAL.—A request under this sec-
tion shall not—
‘‘(A) contain any requirement which would 
be held to be unreasonable if contained in a 
subpoena duces tecum issued by a court of the
United States in aid of a grand jury investiga-
tion of espionage or international terrorism; or 
‘‘(B) require the production of any docu-
mentary evidence which would be privileged 
from disclosure if demanded by a subpoena 
duces tecum issued by a court of the United 
States in aid of a grand jury investigation of es-
pionage or international terrorism. 
‘‘(2) NOTICE OF RIGHTS.—A request under this 
section shall provide notice of the recipient’s right to 
file a petition under subsection (o) and explain the 
procedures for doing so.’’. 
(4) REQUEST
FOR
INFORMATION
FROM
CON-
SUMER
REPORTING
AGENCIES
BY
GOVERNMENTAL 
AGENCIES.—Section 627(b) of the Fair Credit Re-
porting Act (15 U.S.C. 1681v(b)) is amended—
(A) by striking ‘‘FORM
OF
CERTIFI-
CATION.—The certification described’’ and in-
serting ; and ‘‘FORM OF CERTIFICATION.— 
‘‘(1) 
IN
GENERAL.—The 
certification 
de-
scribed’’; and 
(B) by inserting after paragraph (1) (as so 
redesignated by subparagraph (A) of this para-
graph) the following new paragraphs:
‘‘(2) LIMITATION.—A request under this sub-
section shall not—
‘‘(A) contain any requirement which would 
be held to be unreasonable if contained in a 
subpoena duces tecum issued by a court of the 
United States in aid of a grand jury investiga-
tion of espionage or international terrorism; or 
‘‘(B) require the production of any docu-
mentary evidence which would be privileged 
from disclosure if demanded by a subpoena 
duces tecum issued by a court of the United 
States in aid of a grand jury investigation of es-
pionage or international terrorism. 
‘‘(3) NOTICE OF RIGHTS.—A request under this 
subsection must provide notice of the recipient’s 
right to file a petition under subsection (f) and ex-
plain the procedures for doing so.’’. 
(c) NONDISCLOSURE.—
(1) IN GENERAL.—Section 2709(c) of title 18, 
United States Code, is amended to read as follows: 
‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.—
‘‘(1) IN GENERAL.—No wire or electronic com-
munication service provider, or officer, employee, or 
agent thereof, shall disclose to any person that the 
Federal Bureau of Investigation has sought or ob-
tained access to information or records under this 
section for 90 days after receipt of such request 
from the Bureau. 
‘‘(2) EXCEPTION.—A wire or electronic commu-
nication service provider, or officer, employee, or 
agent thereof, who receives an order under this sub-
section may disclose that the Federal Bureau of In-
vestigation has sought or obtained access to infor-
mation or records under this section to—
‘‘(A) those persons to whom disclosure is 
necessary in order to comply with an order 
under this section; or 
‘‘(B) an attorney in order to obtain legal 
advice regarding such order. 
‘‘(3) EXTENSION.—The Director of the Federal 
Bureau of Investigation, or the Director’s designee 
in a position not lower than Deputy Assistant Direc-
tor at Bureau headquarters or a Special Agent in 
Charge of a Bureau field office designated by the 
Director, may apply for an order prohibiting disclo-
sure that the Federal Bureau of Investigation has 
sought or obtained access to information or records 
under this section for an additional 180 days. 
‘‘(4) JURISDICTION.—An application for an 
order pursuant to this subsection shall be filed in
the district court of the United States in any district 
within which the authorized investigation that is the 
basis for a request pursuant to this section is being 
conducted. 
‘‘(5) APPLICATION CONTENTS.—An application 
for an order pursuant to this subsection must state 
specific and articulable facts giving the applicant 
reason to believe that disclosure that the Federal 
Bureau of Investigation has sought or obtained ac-
cess to information or records under this section will 
result in—
‘‘(A) endangering the life or physical safety 
of any person; 
‘‘(B) flight from prosecution; 
‘‘(C) destruction of or tampering with evi-
dence; 
‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously endangering the 
national security of the United States by alert-
ing a target, a target’s associates, or the for-
eign power of which the target is an agent, of 
the Government’s interest in the target. 
‘‘(6) STANDARD.—The court may issue an ex 
parte order pursuant to this subsection if the court 
determines there is reason to believe that disclosure
that the Federal Bureau of Investigation has sought 
or obtained access to information or records under 
this section will result in—
‘‘(A) endangering the life or physical safety 
of any person; 
‘‘(B) flight from prosecution; 
‘‘(C) destruction of or tampering with evi-
dence; 
‘‘(D) intimidation of potential witnesses; or 
‘‘(E) otherwise seriously endangering the 
national security of the United States by alert-
ing a target, a target’s associates, or the for-
eign power of which the target is an agent, of 
the Government’s interest in the target. 
‘‘(7) RENEWAL.—An order under this sub-
section may be renewed for additional periods of up 
to 180 days upon another application meeting the 
requirements of paragraph (5) and a determination 
by the court that the circumstances described in 
paragraph (6) continue to exist.’’. 
(2) 
FINANCIAL
INSTITUTIONS.—Section 
1114(a)(5)(D) of the Right to Financial Privacy Act 
of 1978 (12 U.S.C. 3414(a)(5)(D)) is amended to 
read as follows: 
‘‘(D) NONDISCLOSURE.—