‘‘(ii) the harm identified under clause 
(i) relates to the ongoing and authorized 
national security investigation to which the 
records sought are relevant; and 
‘‘(iii) the nondisclosure requirement is 
narrowly tailored to address the specific 
harm identified under clause (i). 
‘‘(2) EXCEPTION.— 
‘‘(A) IN GENERAL.—A wire or electronic 
communication service provider, or officer, em-
ployee, or agent thereof, who receives a Na-
tional Security Letter issued under subsection 
(a) may disclose information otherwise subject 
to any applicable nondisclosure requirement 
to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the 
National Security Letter; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the 
National Security Letter; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(B) NONDISCLOSURE REQUIREMENT.—A 
person to whom disclosure is made under sub-
paragraph (A) shall be subject to the nondisclo-
sure requirements applicable to a person to 
whom a National Security Letter is issued 
under subsection (a) in the same manner as the 
person to whom the National Security Letter is 
issued. 
‘‘(C) NOTICE.—Any recipient who discloses 
to a person described in subparagraph (A) in-
formation otherwise subject to a nondisclosure 
requirement shall inform the person of the ap-
plicable nondisclosure requirement. 
‘‘(3) EXTENSION.—The Director of the Federal 
Bureau of Investigation, or a designee of the Direc-
tor whose rank shall be no lower than Deputy As-
sistant Director at Bureau headquarters or a Special 
Agent in Charge in a Bureau field office, may ex-
tend a nondisclosure requirement for additional peri-
ods of not longer than 1 year if, at the time of each 
extension, a new certification is made under para-
graph (1)(B) and notice is provided to the recipient 
of the applicable National Security Letter that the 
nondisclosure requirement has been extended and 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
the recipient has the right to judicial review of the 
nondisclosure requirement. 
‘‘(4) RIGHT TO JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—A wire or electronic 
communications service provider who receives a 
National Security Letter issued under sub-
section (a) shall have the right to judicial re-
view of any applicable nondisclosure require-
ment and any extension thereof. 
‘‘(B) TIMING.— 
‘‘(i) IN GENERAL.—A National Secu-
rity Letter issued under subsection (a) 
shall state that if the recipient wishes to 
have a court review a nondisclosure re-
quirement, the recipient shall notify the 
Government not later than 21 days after 
the date of receipt of the National Security 
Letter. 
‘‘(ii) EXTENSION.—A notice that the 
applicable nondisclosure requirement has 
been extended under paragraph (3) shall 
state that if the recipient wishes to have a 
court review the nondisclosure require-
ment, the recipient shall notify the Govern-
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
ment not later than 21 days after the date 
of receipt of the notice. 
‘‘(C) INITIATION OF PROCEEDINGS.—If a 
recipient of a National Security Letter issued 
under subsection (a) makes a notification under 
subparagraph (B), the Government shall ini-
tiate judicial review under the procedures estab-
lished in section 3511 of this title. 
‘‘(5) TERMINATION.—If the facts supporting a 
nondisclosure requirement cease to exist prior to the 
applicable time period of the nondisclosure require-
ment, an appropriate official of the Federal Bureau 
of Investigation shall promptly notify the wire or 
electronic service provider, or officer, employee, or 
agent thereof, subject to the nondisclosure require-
ment that the nondisclosure requirement is no longer 
in effect. 
‘‘(d) MINIMIZATION AND DESTRUCTION.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the JUSTICE Act, 
the Attorney General shall establish minimization 
and destruction procedures governing the acquisi-
tion, retention and dissemination by the Federal Bu-
reau of Investigation of any records received by the 
Federal Bureau of Investigation in response to a 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
National Security Letter issued under subsection 
(a). 
‘‘(2) DEFINITION.—In this subsection, the term 
‘minimization and destruction procedures’ means— 
‘‘(A) specific procedures that are reason-
ably designed in light of the purpose and tech-
nique of a National Security Letter, to mini-
mize the acquisition and retention, and prohibit 
the dissemination, of nonpublicly available in-
formation 
concerning 
unconsenting 
United 
States persons consistent with the need of the 
United States to obtain, produce, and dissemi-
nate foreign intelligence information, including 
procedures to ensure that information obtained 
under a National Security Letter that does not 
meet the requirements of this section or is out-
side the scope of the National Security Letter, 
is returned or destroyed; 
‘‘(B) procedures that require that nonpub-
licly available information, which is not foreign 
intelligence information (as defined in section 
101(e)(1) of the Foreign Intelligence Surveil-
lance Act of 1978 (50 U.S.C. 1801(e)(1))) shall 
not be disseminated in a manner that identifies 
any United States person, without the consent 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
of the United States person, unless the identity 
of the United States person is necessary to un-
derstand foreign intelligence information or as-
sess its importance; and 
‘‘(C) notwithstanding subparagraphs (A) 
and (B), procedures that allow for the retention 
and dissemination of information that is evi-
dence of a crime which has been, is being, or 
is about to be committed and that is to be re-
tained or disseminated for law enforcement pur-
poses. 
‘‘(e) REQUIREMENT THAT CERTAIN CONGRESSIONAL 
BODIES BE INFORMED.— 
‘‘(1) IN GENERAL.—On a semiannual basis the 
Director of the Federal Bureau of Investigation shall 
fully inform the Permanent Select Committee on In-
telligence and the Committee on the Judiciary of the 
Senate and the Select Committee on Intelligence and 
the Committee on the Judiciary of the House of 
Representatives concerning all National Security 
Letters issued under subsection (a). 
‘‘(2) CONTENTS.—Each report under para-
graph (1) shall include— 
‘‘(A) a description of the minimization and 
destruction procedures adopted by the Attorney 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
ance with the minimization and destruction pro-
cedures established by the Attorney General 
under subsection (d). 
‘‘(B) LAWFUL PURPOSE.—No information 
acquired under a National Security Letter 
issued under subsection (a) may be used or dis-
closed by Federal officers or employees except 
for lawful purposes. 
‘‘(2) DISCLOSURE
FOR
LAW
ENFORCEMENT 
PURPOSES.—No information acquired under a Na-
tional Security Letter issued under subsection (a) 
shall be disclosed for law enforcement purposes un-
less the disclosure is accompanied by a statement 
that the information, or any information derived 
therefrom, may only be used in a criminal pro-
ceeding with the advance authorization of the Attor-
ney General. 
‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE 
BY
THE
UNITED
STATES.—Whenever the United 
States intends to enter into evidence or otherwise 
use or disclose in any trial, hearing, or other pro-
ceeding in or before any court, department, officer, 
agency, regulatory body, or other authority of the 
United States against an aggrieved person any infor-
mation obtained or derived from a National Security 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
Letter issued under subsection (a), the United 
States shall, before the trial, hearing, or other pro-
ceeding or at a reasonable time before an effort to 
so disclose or so use the information or submit the 
information in evidence, notify the aggrieved person 
and the court or other authority in which the infor-
mation is to be disclosed or used that the United 
States intends to so disclose or so use the informa-
tion. 
‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE 
BY STATE OR POLITICAL SUBDIVISION.—Whenever 
any State or political subdivision thereof intends to 
enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before 
any court, department, officer, agency, regulatory 
body, or other authority of the State or political sub-
division thereof against an aggrieved person any in-
formation obtained or derived from a National Secu-
rity Letter issued under subsection (a), the State or 
political subdivision thereof shall notify the ag-
grieved person, the court or other authority in which 
the information is to be disclosed or used, and the 
Attorney General that the State or political subdivi-
sion thereof intends to so disclose or so use the in-
formation. 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(5) MOTION TO SUPPRESS.— 
‘‘(A) IN GENERAL.—Any aggrieved person 
against whom evidence obtained or derived from 
a National Security Letter issued under sub-
section (a) is to be, or has been, introduced or 
otherwise used or disclosed in any trial, hear-
ing, or other proceeding in or before any court, 
department, officer, agency, regulatory body, or 
other authority of the United States, or a State 
or political subdivision thereof, may move to 
suppress the evidence obtained or derived from 
the National Security Letter, as the case may 
be, on the grounds that— 
‘‘(i) the information was acquired in 
violation of the Constitution or laws of the 
United States; or 
‘‘(ii) the National Security Letter was 
not issued in accordance with the require-
ments of this section. 
‘‘(B) TIMING.—A motion under subpara-
graph (A) shall be made before the trial, hear-
ing, or other proceeding unless there was no op-
portunity to make such a motion or the ag-
grieved person concerned was not aware of the 
grounds of the motion. 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(6) JUDICIAL REVIEW.— 
‘‘(A) IN GENERAL.—In a circumstance de-
scribed in subparagraph (B), a United States 
district court or, where the motion is made be-
fore another authority, the United States dis-
trict court in the same district as the authority 
shall, if the Attorney General files an affidavit 
under oath that disclosure would harm the na-
tional security of the United States, review in 
camera such materials as may be necessary to 
determine whether the National Security Letter 
was lawfully issued. 
‘‘(B) CIRCUMSTANCES.—A circumstance 
described in this subparagraph is a cir-
cumstance in which— 
‘‘(i) a court or other authority is noti-
fied under paragraph (3) or (4); 
‘‘(ii) a motion is made under para-
graph (5); or 
‘‘(iii) any motion or request is made 
by an aggrieved person under any other 
statute or rule of the United States or any 
State before any court or other authority 
of the United States or any State to— 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(I) discover or obtain materials 
relating to a National Security Letter 
issued under subsection (a); or 
‘‘(II) discover, obtain, or sup-
press evidence or information obtained 
or derived from a National Security 
Letter issued under subsection (a). 
‘‘(C) DISCLOSURE.—In making a deter-
mination under subparagraph (A), unless the 
court finds that disclosure would not assist in 
determining any legal or factual issue pertinent 
to the case, the court may disclose to the ag-
grieved person, the counsel for the aggrieved 
person, or both, under the procedures and 
standards provided in the Classified Informa-
tion Procedures Act (18 U.S.C. App.) or other 
appropriate security procedures and protective 
orders, portions of the National Security Letter, 
or related materials. 
‘‘(7) EFFECT OF DETERMINATION OF LAWFUL-
NESS.— 
‘‘(A) UNLAWFUL
ORDERS.—If a United 
States district court determines under para-
graph (6) that a National Security Letter was 
not issued in compliance with the Constitution 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
or laws of the United States, the court may 
suppress the evidence that was unlawfully ob-
tained or derived from the National Security 
Letter or otherwise grant the motion of the ag-
grieved person. 
‘‘(B) LAWFUL
ORDERS.—If a United 
States district court determines under para-
graph (6) that a National Security Letter was 
issued in accordance with the Constitution and 
laws of the United States, the court shall deny 
the motion of the aggrieved person, except to 
the extent that due process requires discovery 
or disclosure. 
‘‘(8) BINDING FINAL ORDERS.—An order grant-
ing a motion or request under paragraph (6), a deci-
sion under this section that a National Security Let-
ter was not lawful, and an order of a United States 
district court requiring review or granting disclosure 
of an application, order, or other related materials 
shall be a final order and binding upon all courts of 
the United States and the several States, except an 
appeal or petition to a United States court of ap-
peals or the Supreme Court of the United States. 
‘‘(g) DEFINITIONS.—In this section— 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(1) the terms ‘agent of a foreign power’, ‘for-
eign power’, and ‘United States person’ have the 
meanings given those terms in section 101 of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801); 
‘‘(2) the term ‘aggrieved person’ means a per-
son whose information or records were sought or ob-
tained under this section; and 
‘‘(3) the term ‘assessment’ means an assess-
ment, as that term is used in the guidelines entitled 
‘The Attorney General’s Guidelines for Domestic 
FBI Operations’, or any successor thereto.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 121 of 
title 18, United States Code, is amended by striking 
the item relating to section 2709 and inserting the 
following: 
‘‘2709. National Security Letter for communications subscriber records.’’. 
(b) NATIONAL SECURITY LETTER AUTHORITY FOR 
CERTAIN FINANCIAL RECORDS.—Section 1114 of the 
Right to Financial Privacy Act of 1978 (12 U.S.C. 3414) 
is amended to read as follows: 
‘‘SEC. 1114. NATIONAL SECURITY LETTER FOR CERTAIN FI-
NANCIAL RECORDS. 
‘‘(a) AUTHORIZATION.— 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(1) IN GENERAL.—The Director of the Fed-
eral Bureau of Investigation, or a designee of the 
Director whose rank shall be no lower than Deputy 
Assistant Director at Bureau headquarters or Spe-
cial Agent in Charge in a Bureau field office, may 
issue in writing and cause to be served on a financial 
institution, a National Security Letter requiring the 
production of— 
‘‘(A) the name of a customer or entity with 
whom the financial institution has a financial 
relationship; 
‘‘(B) the address of a customer or entity 
with whom the financial institution has a finan-
cial relationship; 
‘‘(C) the length of time during which a 
customer or entity has had an account or other 
financial relationship with the financial institu-
tion (including the start date) and the type of 
account or other financial relationship; and 
‘‘(D) any account number or other unique 
identifier associated with the financial relation-
ship of a customer or entity to the financial in-
stitution. 
‘‘(2) LIMITATION.—A National Security Letter 
issued under this subsection may not require the 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
production of records or information not listed in 
paragraph (1). 
‘‘(b) 
NATIONAL
SECURITY
LETTER
REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.—A National Security Letter 
issued under subsection (a) shall be subject to the 
requirements of subsections (b) through (g) of sec-
tion 2709 of title 18, United States Code, in the 
same manner and to the same extent as those provi-
sions apply with respect to a National Security Let-
ter issued under section 2709(a) of title 18, United 
States Code, to a wire or electronic communication 
service provider. 
‘‘(2) REPORTING.—For any National Security 
Letter issued under subsection (a), the semiannual 
reports under section 2709(e) of title 18, United 
States Code, shall also be submitted to the Com-
mittee on Banking, Housing, and Urban Affairs of 
the Senate and the Committee on Financial Services 
of the House of Representatives. 
‘‘(c) DEFINITION OF ‘FINANCIAL INSTITUTION’.— 
For purposes of this section (and sections 1115 and 1117, 
insofar as the sections relate to the operation of this sec-
tion), the term ‘financial institution’ has the same mean-
ing as in subsections (a)(2) and (c)(1) of section 5312 of 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
title 31, except that the term shall include only a financial 
institution any part of which is located inside any State 
or territory of the United States, the District of Columbia, 
Puerto Rico, Guam, American Samoa, the Commonwealth 
of the Northern Mariana Islands, or the United States 
Virgin Islands.’’. 
(c) NATIONAL SECURITY LETTER AUTHORITY FOR 
CERTAIN CONSUMER REPORT RECORDS.— 
(1) IN
GENERAL.—Section 626 of the Fair 
Credit Reporting Act (15 U.S.C. 1681u) is amend-
ed— 
(A) by striking the section heading and in-
serting the following: 
‘‘§ 626. National Security Letters for certain con-
sumer report records’’; 
(B) by striking subsections (a) through (d) 
and inserting the following: 
‘‘(a) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—The Director of the Fed-
eral Bureau of Investigation, or a designee of the 
Director whose rank shall be no lower than Deputy 
Assistant Director at Bureau headquarters or Spe-
cial Agent in Charge in a Bureau field office, may 
issue in writing and cause to be served on a con-
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
sumer reporting agency a National Security Letter 
requiring the production of— 
‘‘(A) the name of a consumer; 
‘‘(B) the current and former address of a 
consumer; 
‘‘(C) the current and former places of em-
ployment of a consumer; and 
‘‘(D) the name and address of any finan-
cial institution (as that term is defined in sec-
tion 1101 of the Right to Financial Privacy Act 
of 1978 (12 U.S.C. 3401)) at which a consumer 
maintains or has maintained an account, to the 
extent that the information is in the files of the 
consumer reporting agency. 
‘‘(2) LIMITATION.—A National Security Letter 
issued under this subsection may not require the 
production of a consumer report. 
‘‘(b) 
NATIONAL
SECURITY
LETTER
REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.—A National Security Letter 
issued under subsection (a) shall be subject to the 
requirements of subsections (b) through (g) of sec-
tion 2709 of title 18, United States Code, in the 
same manner and to the same extent as those provi-
sions apply with respect to a National Security Let-
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
ter issued under section 2709(a) of title 18, United 
States Code, to a wire or electronic communication 
service provider. 
‘‘(2) REPORTING.—For any National Security 
Letter issued under subsection (a), the semiannual 
reports under section 2709(e) of title 18, United 
States Code, shall also be submitted to the Com-
mittee on Banking, Housing, and Urban Affairs of 
the Senate and the Committee on Financial Services 
of the House of Representatives.’’; 
(C) by striking subsections (f) through (h); 
and 
(D) by redesignating subsections (e) and 
(i) through (m) as subsections (c) through (h), 
respectively. 
(2) REPEAL.—Section 627 of the Fair Credit 
Reporting Act (15 U.S.C. 1681v) is repealed. 
(3) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for the Fair Credit 
Reporting Act (15 U.S.C. 1681 et seq.) is amended 
by striking the items relating to sections 626 and 
627 and inserting the following: 
‘‘626. National Security Letters for certain consumer report records. 
‘‘627. [Repealed].’’. 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6211
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
SEC. 102. JUDICIAL REVIEW OF NATIONAL SECURITY LET-
TERS. 
(a) REVIEW OF NONDISCLOSURE ORDERS.—Section 
3511(b) of title 18, United States Code, is amended to 
read as follows: 
‘‘(b) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.— 
‘‘(A) NOTICE.—If a recipient of a National 
Security Letter under section 2709 of this title, 
section 626 of the Fair Credit Reporting Act 
(15 U.S.C. 1681u), section 1114 of the Right 
to Financial Privacy Act (12 U.S.C. 3414), or 
section 802(a) of the National Security Act of 
1947 (50 U.S.C. 436(a)), wishes to have a 
court review a nondisclosure requirement im-
posed in connection with the National Security 
Letter, the recipient shall notify the Govern-
ment not later than 21 days after the date of 
receipt of the National Security Letter or of no-
tice that an applicable nondisclosure require-
ment has been extended. 
‘‘(B) APPLICATION.—Not later than 21 
days after the date of receipt of a notification 
under subparagraph (A), the Government shall 
apply for an order prohibiting the disclosure of 
particular information about the existence or 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
contents of the relevant National Security Let-
ter. An application under this subparagraph 
may be filed in the district court of the United 
States for any district within which the author-
ized investigation that is the basis for the Na-
tional Security Letter is being conducted. The 
applicable nondisclosure requirement shall re-
main in effect during the pendency of pro-
ceedings relating to the requirement. 
‘‘(C) CONSIDERATION.—A district court of 
the United States that receives an application 
under subparagraph (B) should rule expedi-
tiously, and may issue a nondisclosure order for 
a period of not longer than 1 year, unless the 
facts justify a longer period of nondisclosure. 
‘‘(D) DENIAL.—If a district court of the 
United States rejects an application for a non-
disclosure order or extension thereof, the non-
disclosure requirement shall no longer be in ef-
fect. 
‘‘(2) APPLICATION CONTENTS.—An application 
for a nondisclosure order or extension thereof under 
this subsection shall include— 
‘‘(A) a statement of specific and articulable 
facts giving the applicant reason to believe that 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
disclosure of particular information about the 
existence or contents of a National Security 
Letter described in paragraph (1)(A) during the 
applicable time period will result in— 
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from prosecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; 
‘‘(v) interference with diplomatic rela-
tions; or 
‘‘(vi) otherwise seriously endangering 
the national security of the United States 
by alerting a target, an associate of a tar-
get, or the foreign power of which the tar-
get is an agent, of the interest of the Gov-
ernment in the target; 
‘‘(B) an explanation of how the harm iden-
tified under subparagraph (A) relates to the on-
going and authorized national security inves-
tigation to which the records sought are rel-
evant; 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(C) an explanation of how the nondisclo-
sure requirement is narrowly tailored to address 
the specific harm identified under subparagraph 
(A); and 
‘‘(D) the time period during which the 
Government believes the nondisclosure require-
ment should apply. 
‘‘(3) STANDARD.—A district court of the 
United States may issue a nondisclosure require-
ment order or extension thereof under this sub-
section if the court determines that— 
‘‘(A) there is reason to believe that disclo-
sure of the information subject to the nondisclo-
sure requirement during the applicable time pe-
riod will result in— 
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from prosecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; 
‘‘(v) interference with diplomatic rela-
tions; or 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(vi) otherwise seriously endangering 
the national security of the United States 
by alerting a target, an associate of a tar-
get, or the foreign power of which the tar-
get is an agent, of the interest of the Gov-
ernment in the target; 
‘‘(B) the harm identified under subpara-
graph (A) relates to the ongoing and authorized 
national security investigation to which the 
records sought are relevant; and 
‘‘(C) the nondisclosure requirement is nar-
rowly tailored to address the specific harm iden-
tified under subparagraph (A). 
‘‘(4) RENEWAL.—A nondisclosure order under 
this subsection may be renewed for additional peri-
ods of not longer than 1 year, unless the facts of the 
case justify a longer period of nondisclosure, upon 
submission of an application meeting the require-
ments of paragraph (2), and a determination by the 
court that the circumstances described in paragraph 
(3) continue to exist.’’. 
(b) DISCLOSURE.—Section 3511(d) of title 18, 
United States Code, is amended to read as follows: 
‘‘(d) DISCLOSURE.—In making determinations under 
this section, unless the district court of the United States 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
finds that disclosure would not assist in determining any 
legal or factual issue pertinent to the case, the court may 
disclose to the petitioner, the counsel of the petitioner, or 
both, under the procedures and standards provided in the 
Classified Information Procedures Act (18 U.S.C. App.) 
or other appropriate security procedures and protective or-
ders, portions of the National Security Letter, or related 
materials.’’. 
(c) CONFORMING AMENDMENTS.—Section 3511 of 
title 18, United States Code, is amended— 
(1) in subsection (a)— 
(A) by inserting after ‘‘(a)’’ the following 
‘‘REQUEST.—’’; 
(B) by striking ‘‘2709(b)’’ and inserting 
‘‘2709’’; 
(C) by striking ‘‘626(a) or (b) or 627(a)’’ 
and inserting ‘‘626’’; and 
(D) by striking ‘‘1114(a)(5)(A)’’ and in-
serting ‘‘1114’’; and 
(2) in subsection (c)— 
(A) by inserting after ‘‘(c)’’ the following 
‘‘FAILURE TO COMPLY.—’’; 
(B) by striking ‘‘2709(b)’’ and inserting 
‘‘2709’’; 
VerDate Nov 24 2008 
03:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
(C) by striking ‘‘626(a) or (b) or 627(a)’’ 
and inserting ‘‘626’’; and 
(D) by striking ‘‘1114(a)(5)(A)’’ and in-
serting ‘‘1114’’. 
(d) REPEAL.—Section 3511(e) of title 18, United 
States Code, is repealed. 
SEC. 103. NATIONAL SECURITY LETTER COMPLIANCE PRO-
GRAM AND TRACKING DATABASE. 
(a) COMPLIANCE PROGRAM.—The Director of the 
Federal Bureau of Investigation shall establish a program 
to ensure compliance with the amendments made by sec-
tion 101. 
(b) TRACKING DATABASE.—The compliance program 
required under subsection (a) shall include the establish-
ment of a database, the purpose of which shall be to track 
all National Security Letters. 
(c) INFORMATION.—The database required under 
this section shall include— 
(1) a signed copy of each National Security 
Letter; 
(2) the date the National Security Letter was 
issued and for what type of information; 
(3) whether the National Security Letter seeks 
information regarding a United States person; 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
(4) identification of the ongoing and authorized 
national security investigation (other than an assess-
ment) to which the National Security Letter relates; 
(5) whether the National Security Letter seeks 
information regarding an individual who is the sub-
ject of the investigation described in paragraph (4); 
(6) the date on which the information requested 
was received and, if applicable, when the information 
was destroyed; and 
(7) whether the information gathered was dis-
closed for law enforcement purposes. 
(d) DEFINITIONS.—In this section— 
(1) the term ‘‘assessment’’ means an assess-
ment, as that term is used in the guidelines entitled 
‘‘The Attorney General’s Guidelines for Domestic 
FBI Operations’’, or any successor thereto; and 
(2) the term ‘‘National Security Letter’’ means 
a National Security Letter issued by the Federal 
Bureau of Investigation under section 1114 of the 
Right to Financial Privacy Act of 1978 (12 U.S.C. 
3414), section 626 of the Fair Credit Reporting Act 
(15 U.S.C. 1681u), or section 2709 of title 18, 
United States Code. 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
SEC. 104. PUBLIC REPORTING ON NATIONAL SECURITY 
LETTERS. 
Section 118(c) of the USA PATRIOT Improvement 
and Reauthorization Act of 2005 (18 U.S.C. 3511 note) 
is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘concerning different United 
States persons’’; and 
(B) in subparagraph (A), by striking ‘‘, ex-
cluding the number of requests for subscriber 
information’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) CONTENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), each report required under 
this subsection shall include the total number of 
requests described in paragraph (1) requiring 
disclosure of information concerning— 
‘‘(i) United States persons; 
‘‘(ii) persons who are not United 
States persons; 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(iii) persons who are the subjects of 
authorized national security investigations; 
or 
‘‘(iv) persons who are not the subjects 
of authorized national security investiga-
tions. 
‘‘(B) EXCEPTION.—With respect to the 
number of requests for subscriber information 
under section 2709 of title 18, United States 
Code, a report required under this subsection 
need not provide information separated into 
each of the categories described in subpara-
graph (A).’’. 
SEC. 105. EMERGENCY DISCLOSURES. 
(a) ENHANCED PROTECTIONS FOR EMERGENCY DIS-
CLOSURES.— 
(1) STORED
COMMUNICATIONS
ACT.—Section 
2702 of title 18, United States Code is amended— 
(A) in subsection (b)(8)— 
(i) by striking ‘‘, in good faith,’’ and 
inserting ‘‘reasonably’’; 
(ii) by inserting ‘‘immediate’’ after 
‘‘involving’’; and 
(iii) by adding before the period: ‘‘and 
the request is narrowly tailored to address 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
the emergency, subject to the limitations of 
subsection (d)’’; 
(B) in subsection (c)(4)— 
(i) by striking ‘‘, in good faith,’’ and 
inserting ‘‘reasonably’’; 
(ii) by inserting ‘‘immediate’’ after 
‘‘involving’’; and 
(iii) by adding before the period: ‘‘, 
subject to the limitations of subsection 
(d)’’; 
(C) by redesignating subsection (d) as sub-
section (e); 
(D) by inserting after subsection (c) the 
following: 
‘‘(d) REQUIREMENT.— 
‘‘(1) REQUEST.—If a governmental entity re-
quests that a provider divulge information under 
subsection (b)(8) or (c)(4), the request shall specify 
that the disclosure is on a voluntary basis and shall 
document the factual basis for believing that an 
emergency involving immediate danger of death or 
serious physical injury to a person requires disclo-
sure without delay of the information relating to the 
emergency. 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(2) NOTICE
TO
COURT.—Not later than 5 
days after the date on which a governmental entity 
obtains access to records under subsection (b)(8) or 
(c)(4), a governmental entity shall file with the ap-
propriate court a signed, sworn statement of a su-
pervisory official of a rank designated by the head 
of the governmental entity setting forth the grounds 
for the emergency access.’’; and 
(E) in subsection (e), as so redesignated, 
in each of paragraphs (1) and (2), by striking 
‘‘subsection (b)(8)’’ and inserting ‘‘subsections 
(b)(8) and (c)(4)’’. 
(2) RIGHT TO FINANCIAL PRIVACY ACT.— 
(A) 
EMERGENCY
DISCLOSURES.—The 
Right to Financial Privacy Act of 1978 (12 
U.S.C. 3401 et seq.) is amended by inserting 
after section 1120 the following: 
‘‘SEC. 1121. EMERGENCY DISCLOSURES. 
‘‘(a) IN GENERAL.— 
‘‘(1) STANDARD.—A financial institution may 
divulge a record described in section 1114(a) per-
taining to a customer to a Government authority, if 
the financial institution reasonably believes that an 
emergency involving immediate danger of death or 
serious physical injury to a person requires disclo-
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
sure without delay of information relating to the 
emergency and the request is narrowly tailored to 
address the emergency. 
‘‘(2) NOTICE IN REQUEST.—If a Government 
authority requests that a financial institution divulge 
information under this section, the request shall 
specify that the disclosure is on a voluntary basis, 
and shall document the factual basis for believing 
that an emergency involving immediate danger of 
death or serious physical injury to a person requires 
disclosure without delay of the information. 
‘‘(b) CERTIFICATE.—In the instances described in 
subsection (a), the Government authority shall submit to 
the financial institution the certificate required in section 
1103(b), signed by a supervisory official of a rank des-
ignated by the head of the Government authority. 
‘‘(c) NOTICE TO COURT.—Not later than 5 days after 
the date on which a Government authority obtains access 
to financial records under this section, the Government 
authority shall file with the appropriate court a signed, 
sworn statement of a supervisory official of a rank des-
ignated by the head of the Government authority setting 
forth the grounds for the emergency access. After filing 
a statement under this subsection, a Government author-
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
ity shall provide notice to the customer in accordance with 
section 1109. 
‘‘(d) REPORTING OF EMERGENCY DISCLOSURES.— 
On an annual basis, the Attorney General of the United 
States shall submit to the Committee on the Judiciary and 
the Committee on Financial Services of the House of Rep-
resentatives and the Committee on the Judiciary and the 
Committee on Banking, Housing, and Urban Affairs of 
the Senate a report containing— 
‘‘(1) the number of individuals for whom the 
Department of Justice has received voluntary disclo-
sures under this section; and 
‘‘(2) a summary of the bases for disclosure in 
those instances where— 
‘‘(A) voluntary disclosures under this sec-
tion were made to the Department of Justice; 
and 
‘‘(B) the investigation pertaining to those 
disclosures was closed without the filing of 
criminal charges. 
‘‘(e) DEFINITION.—In this section, the term ‘finan-
cial institution’ has the meaning given that term in section 
1114(c).’’. 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
(B) 
CONFORMING
AMENDMENTS.—The 
Right to Financial Privacy Act of 1978 (12 
U.S.C. 3401 et seq.) is amended— 
(i) in section 1102 (12 U.S.C. 3402), 
by striking ‘‘or 1114’’ and inserting 
‘‘1114, or 1121’’; and 
(ii) in section 1109(c) (12 U.S.C. 
3409(c)), by striking ‘‘1114(b)’’ and in-
serting ‘‘1121’’. 
(b) CLARIFICATION
REGARDING
DATA
RETEN-
TION.—Subsection 2703(f) of title 18, United States 
Code, is amended by adding at the end the following: 
‘‘(3) 
NO
DISCLOSURE
WITHOUT
COURT 
ORDER.—A provider of wire or electronic commu-
nications services or a remote computing service who 
has received a request under this subsection shall 
not disclose the records referred to in paragraph (1) 
until the provider has received a court order or other 
process.’’. 
SEC. 106. LEAST INTRUSIVE MEANS. 
(a) GUIDELINES.— 
(1) IN GENERAL.—The Attorney General shall 
issue guidelines (consistent with Executive Order 
12333 or any successor order) providing that, in na-
tional security investigations, the least intrusive col-
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
lection techniques feasible shall be used if there is a 
choice between the use of more or less intrusive in-
formation collection methods. 
(2) SPECIFIC COLLECTION TECHNIQUES.—The 
guidelines required under this section shall provide 
guidance with regard to specific collection tech-
niques, including the use of National Security Let-
ters, considering such factors as— 
(A) the effect on the privacy of individuals; 
(B) the potential damage to reputation of 
individuals; and 
(C) any special concerns under the First 
Amendment to the Constitution of the United 
States relating to a potential recipient of a Na-
tional Security Letter or other legal process, in-
cluding a direction that prior to issuing a Na-
tional Security Letter or other legal process to 
a library or bookseller, investigative procedures 
aimed at obtaining the relevant information 
from entities other than a library or bookseller 
be used and have failed, or reasonably appear 
to be unlikely to succeed if tried or endanger 
lives if tried. 
(b) DEFINITIONS.—In this section: 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
(1) 
BOOKSELLER.—The 
term 
‘‘bookseller’’ 
means a person or entity engaged in the sale, rental, 
or delivery of books, journals, magazines, or other 
similar forms of communication in print or digitally. 
(2) LIBRARY.—The term ‘‘library’’ means a li-
brary (as that term is defined in section 213(1) of 
the Library Services and Technology Act (20 U.S.C. 
9122(1))) whose services include access to the Inter-
net, books, journals, magazines, newspapers, or 
other similar forms of communication in print or 
digitally to patrons for their use, review, examina-
tion, or circulation. 
(3) NATIONAL SECURITY LETTER.—The term 
‘‘National Security Letter’’ means a National Secu-
rity Letter issued by the Federal Bureau of Inves-
tigation under section 1114 of the Right to Finan-
cial Privacy Act of 1978 (12 U.S.C. 3414), section 
626 of the Fair Credit Reporting Act (15 U.S.C. 
1681u), or section 2709 of title 18, United States 
Code. 
SEC. 107. PRIVACY PROTECTIONS FOR SECTION 215 BUSI-
NESS RECORDS ORDERS. 
(a) PRIVACY PROTECTIONS FOR SECTION 215 BUSI-
NESS RECORDS ORDERS.— 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
(1) IN GENERAL.—Section 501(b) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861(b)(2)) is amended— 
(A) in paragraph (1)(B), by striking ‘‘and’’ 
after the semicolon; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘, 
such things being presumptively’’ and all 
that follows through the end of the sub-
paragraph and inserting a semicolon; and 
(ii) by striking subparagraph (B) and 
inserting the following: 
‘‘(B) 
a 
statement 
of 
specific 
and 
articulable facts providing reason to believe that 
the tangible things sought— 
‘‘(i) pertain to a suspected agent of a 
foreign power or an individual who is the 
subject of an ongoing and authorized na-
tional security investigation (other than an 
assessment (as defined in section 2709 of 
title 18, United States Code)); 
‘‘(ii) pertain to an individual who has 
been in contact with, or otherwise directly 
linked to, a suspected agent of a foreign 
power or an individual who is the subject 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
of an ongoing and authorized national se-
curity investigation (other than an assess-
ment); or 
‘‘(iii) pertain to the activities of a sus-
pected agent of a foreign power, where 
those activities are the subject of an ongo-
ing and authorized national security inves-
tigation (other than an assessment), and 
obtaining the records is the least intrusive 
means that could be used to identify per-
sons believed to be involved in the activi-
ties; and 
‘‘(C) a statement of proposed minimization 
procedures; and’’; and 
(C) by adding at the end the following: 
‘‘(3) if the applicant is seeking a nondisclosure 
requirement described in subsection (d), shall in-
clude— 
‘‘(A) a statement of specific and articulable 
facts providing reason to believe that disclosure 
of particular information about the existence or 
contents of the order requiring the production 
of tangible things under this section during the 
applicable time period will result in— 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from prosecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; 
‘‘(v) interference with diplomatic rela-
tions; or 
‘‘(vi) otherwise seriously endangering 
the national security of the United States 
by alerting a target, an associate of a tar-
get, or the foreign power of which the tar-
get is an agent, of the interest of the Gov-
ernment in the target; 
‘‘(B) an explanation of how the harm iden-
tified under subparagraph (A) is related to the 
authorized investigation to which the tangible 
things sought are relevant; 
‘‘(C) an explanation of how the nondisclo-
sure requirement is narrowly tailored to address 
the specific harm identified under subparagraph 
(A); and 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
‘‘(D) the time period during which the 
Government believes the nondisclosure require-
ment should apply.’’. 
(2) ORDER.—Section 501(c) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1861(c)) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘subsections (a) and 
(b)’’ and inserting ‘‘subsection (a) and 
paragraphs (1) and (2) of subsection (b) 
and that the proposed minimization proce-
dures meet the definition of minimization 
procedures under subsection (g)’’; and 
(ii) by striking the last sentence and 
inserting the following: ‘‘If the judge finds 
that the requirements of subsection (b)(3) 
have been met, such order shall include a 
nondisclosure 
requirement, 
which 
may 
apply for not longer than 1 year, unless 
the facts justify a longer period of non-
disclosure, subject to the principles and 
procedures described in subsection (d).’’; 
and 
(B) in paragraph (2)— 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
(i) in subparagraph (C), by inserting 
before the semicolon ‘‘, if applicable’’; 
(ii) in subparagraph (D), by striking 
‘‘and’’ at the end; 
(iii) in subparagraph (E), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(F) shall direct that the minimization 
procedures be followed.’’. 
(3) NONDISCLOSURE.—Section 501(d) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861(d)) is amended to read as follows: 
‘‘(d) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.—No person who receives an 
order under subsection (c) that contains a nondisclo-
sure requirement shall disclose to any person the 
particular information specified in the nondisclosure 
requirement during the time period to which the re-
quirement applies. 
‘‘(2) EXCEPTION.— 
‘‘(A) DISCLOSURE.—A person who receives 
an order under subsection (c) that contains a 
nondisclosure requirement may disclose infor-
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
mation otherwise subject to any applicable non-
disclosure requirement to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with an 
order under this section; 
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the 
order; or 
‘‘(iii) other persons as permitted by 
the Director of the Federal Bureau of In-
vestigation or the designee of the Director. 
‘‘(B) APPLICATION.—A person to whom 
disclosure is made under subparagraph (A) 
shall be subject to the nondisclosure require-
ments applicable to a person to whom an order 
is directed under this section in the same man-
ner as the person to whom the order is directed. 
‘‘(C) NOTIFICATION.—Any person who dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
disclosure requirement shall notify the person of 
the applicable nondisclosure requirement. 
‘‘(3) EXTENSION.—The Director of the Federal 
Bureau of Investigation, or a designee of the Direc-
tor (whose rank shall be no lower than Assistant 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS
Special Agent in Charge), may apply for renewals 
for the prohibition on disclosure of particular infor-
mation about the existence or contents of an order 
requiring the production of tangible things under 
this section for additional periods of not longer than 
1 year, unless the facts justify a longer period of 
nondisclosure. A nondisclosure requirement shall be 
renewed if a court having jurisdiction under para-
graph (4) determines that the application meets the 
requirements of subsection (b)(3). 
‘‘(4) JURISDICTION.—An application for a re-
newal under this subsection shall be made to— 
‘‘(A) a judge of the court established under 
section 103(a); or 
‘‘(B) a United States Magistrate Judge 
under chapter 43 of title 28, United States 
Code, who is publicly designated by the Chief 
Justice of the United States to have the power 
to hear applications and grant orders for the 
production of tangible things under this section 
on behalf of a judge of the court established 
under section 103(a).’’. 
(4) MINIMIZATION.—Section 501(g) of the For-
eign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1861(g)) is amended— 
VerDate Nov 24 2008 
02:33 Nov 04, 2009
Jkt 089200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H4005.IH
H4005
smartinez on DSKB9S0YB1PROD with BILLS