‘‘(IV) NOTICE.—Any recipient that dis-
closes to a person described in subclause (I) in-
formation otherwise subject to a nondisclosure 
requirement shall inform the person of the ap-
plicable nondisclosure requirement. 
‘‘(iii) RIGHT TO JUDICIAL REVIEW.— 
‘‘(I) IN GENERAL.—A financial institution 
that receives a request under subparagraph (A) 
shall have the right to judicial review of any ap-
plicable nondisclosure requirement. 
‘‘(II) NOTIFICATION.—A request under 
subparagraph (A) shall state that if the recipi-
ent wishes to have a court review a nondisclo-
sure requirement, the recipient shall notify the 
Government. 
‘‘(III) INITIATION OF PROCEEDINGS.—If a 
recipient of a request under subparagraph (A) 
makes a notification under subclause (II), the 
Government shall initiate judicial review under 
the procedures established in section 3511 of 
title 18, United States Code, unless an appro-
priate official of the Federal Bureau of Inves-
tigation makes a notification under clause (iv). 
‘‘(iv) TERMINATION.—In the case of any re-
quest for which a financial institution has submitted 
VerDate Mar 15 2010 
23:05 May 12, 2011
Jkt 099200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H1805.IH
H1805
mstockstill on DSKH9S0YB1PROD with BILLS
a notification under clause (iii)(II), if the facts sup-
porting a nondisclosure requirement cease to exist, 
an appropriate official of the Federal Bureau of In-
vestigation shall promptly notify the financial insti-
tution, or officer, employee, or agent thereof, subject 
to the nondisclosure requirement that the nondisclo-
sure requirement is no longer in effect.’’. 
(e) REQUESTS
BY
AUTHORIZED
INVESTIGATIVE 
AGENCIES.—Section 802 of the National Security Act of 
1947 (50 U.S.C. 436), is amended by striking subsection 
(b) and inserting the following: 
‘‘(b) PROHIBITION OF CERTAIN DISCLOSURE.— 
‘‘(1) PROHIBITION.— 
‘‘(A) IN
GENERAL.—If a certification is 
issued under subparagraph (B) and notice of 
the right to judicial review under paragraph (3) 
is provided, no governmental or private entity, 
or officer, employee, or agent thereof, that re-
ceives a request under subsection (a), shall dis-
close to any person that an authorized inves-
tigative agency described in subsection (a) has 
sought or obtained access to information under 
subsection (a). 
‘‘(B) CERTIFICATION.—The requirements 
of subparagraph (A) shall apply if the head of 
VerDate Mar 15 2010 
23:05 May 12, 2011
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H1805.IH
H1805
mstockstill on DSKH9S0YB1PROD with BILLS
an authorized investigative agency described in 
subsection (a), or a designee, certifies that, ab-
sent a prohibition of disclosure under this sub-
section, there may result— 
‘‘(i) a danger to the national security 
of the United States; 
‘‘(ii) interference with a criminal, 
counterterrorism, or counterintelligence in-
vestigation; 
‘‘(iii) interference with diplomatic re-
lations; or 
‘‘(iv) danger to the life or physical 
safety of any person. 
‘‘(2) EXCEPTION.— 
‘‘(A) IN
GENERAL.—A governmental or 
private entity, or officer, employee, or agent 
thereof, that receives a request under sub-
section (a) may disclose information otherwise 
subject to any applicable nondisclosure require-
ment to— 
‘‘(i) those persons to whom disclosure 
is necessary in order to comply with the re-
quest; 
VerDate Mar 15 2010 
23:05 May 12, 2011
Jkt 099200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H1805.IH
H1805
mstockstill on DSKH9S0YB1PROD with BILLS
‘‘(ii) an attorney in order to obtain 
legal advice or assistance regarding the re-
quest; or 
‘‘(iii) other persons as permitted by 
the head of the authorized investigative 
agency described in subsection (a). 
‘‘(B) PERSONS NECESSARY FOR COMPLI-
ANCE.—Upon a request by the head of an au-
thorized investigative agency described in sub-
section (a), or a designee, those persons to 
whom disclosure will be made under subpara-
graph (A)(i) or to whom such disclosure was 
made before the request shall be identified to 
the head of the authorized investigative agency 
or the designee. 
‘‘(C) 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 request is issued under subsection (a) 
in the same manner as the person to whom the 
request is issued. 
‘‘(D) NOTICE.—Any recipient that dis-
closes to a person described in subparagraph 
(A) information otherwise subject to a non-
VerDate Mar 15 2010 
23:05 May 12, 2011
Jkt 099200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H1805.IH
H1805
mstockstill on DSKH9S0YB1PROD with BILLS
disclosure requirement shall inform the person 
of the applicable nondisclosure requirement. 
‘‘(3) RIGHT TO JUDICIAL REVIEW.— 
‘‘(A) IN
GENERAL.—A governmental or 
private entity that receives a request under sub-
section (a) shall have the right to judicial re-
view of any applicable nondisclosure require-
ment. 
‘‘(B) NOTIFICATION.—A request under 
subsection (a) shall state that if the recipient 
wishes to have a court review a nondisclosure 
requirement, the recipient shall notify the Gov-
ernment. 
‘‘(C) INITIATION OF PROCEEDINGS.—If a 
recipient of a request under subsection (a) 
makes a notification under subparagraph (B), 
the Government shall initiate judicial review 
under the procedures established in section 
3511 of title 18, United States Code, unless an 
appropriate official of the authorized investiga-
tive agency described in subsection (a) makes a 
notification under paragraph (4). 
‘‘(4) TERMINATION.—In the case of any request 
for which a governmental or private entity has sub-
mitted a notification under paragraph (3)(B), if the 
VerDate Mar 15 2010 
23:05 May 12, 2011
Jkt 099200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H1805.IH
H1805
mstockstill on DSKH9S0YB1PROD with BILLS
facts supporting a nondisclosure requirement cease 
to exist, an appropriate official of the authorized in-
vestigative agency described in subsection (a) shall 
promptly notify the governmental or private entity, 
or officer, employee, or agent thereof, subject to the 
nondisclosure requirement that the nondisclosure re-
quirement is no longer in effect.’’. 
SEC. 6. JUDICIAL REVIEW OF FISA ORDERS AND NATIONAL 
SECURITY LETTERS. 
(a) FISA.—Section 501(f)(2) of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1861(f)(2)) 
is amended— 
(1) in subparagraph (A)— 
(A) in clause (i)— 
(i) by striking ‘‘a production order’’ 
and inserting ‘‘a production order or non-
disclosure order’’; and 
(ii) by striking ‘‘Not less than 1 year’’ 
and all that follows; and 
(B) in clause (ii), by striking ‘‘production 
order or nondisclosure’’; and 
(2) in subparagraph (C)— 
(A) by striking clause (ii); and 
(B) by redesignating clause (iii) as clause 
(ii). 
VerDate Mar 15 2010 
23:05 May 12, 2011
Jkt 099200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H1805.IH
H1805
mstockstill on DSKH9S0YB1PROD with BILLS