scriber within 72 hours of the expiration of the 
delay— 
‘‘(A) a copy of the warrant, order, or sub-
poena; and 
‘‘(B) notice that informs such customer or 
subscriber— 
‘‘(i) of the nature of the inquiry made 
by the governmental entity, with reason-
able specificity; 
‘‘(ii) that information maintained for 
such customer or subscriber by the pro-
vider of electronic communications service 
or remote computing service to which the 
warrant, order, or subpoena under section 
2703 was directed, was supplied to or re-
quested by the governmental entity; 
‘‘(iii) that notification of such cus-
tomer or subscriber was delayed by court 
order; 
‘‘(iv) the identity of the court that 
issued such order; 
‘‘(v) the provision of law under which 
the order delaying notification was author-
ized; and
‘‘(vi) that the governmental entity 
will, upon request by the customer or sub-
scriber made within 180 days after receiv-
ing notification under this paragraph, pro-
vide the customer or subscriber with a 
copy of the information that was disclosed 
in response to the warrant, order, or sub-
poena, or in the event that no information 
was disclosed, a written certification that 
no information was disclosed. 
‘‘(5) COPY
OF
INFORMATION
DISCLOSED.— 
Upon expiration of the period of delay of notification 
under paragraph (2) or (3) of this subsection, and 
at the request of the customer or subscriber made 
within 180 days of receiving notification under para-
graph (4), the governmental entity shall promptly 
provide the customer or subscriber— 
‘‘(A) with a description of the information 
disclosed and a copy of the information that 
was disclosed in response to the warrant, order, 
or subpoena; or 
‘‘(B) in the event that no information was 
disclosed, with a written certification that no in-
formation was disclosed.’’.
SEC. 3. PRECLUSION OF NOTICE. 
Section 2705(b) of title 18, United States Code, is 
amended to read as follows: 
‘‘(b) PRECLUSION OF NOTICE.— 
‘‘(1) APPLICATION.—A governmental entity 
that is seeking a warrant, order, or subpoena under 
section 2703, when it is not required to notify the 
customer or subscriber, or to the extent that it may 
delay such notice pursuant to subsection (a), may 
apply to a court for an order, subject to paragraph 
(6), directing a provider of electronic communica-
tions service or remote computing service to which a 
warrant, order, or subpoena under section 2703 is 
directed not to notify any other person of the exist-
ence of the warrant, order, or subpoena for a period 
of not more than either 60 days or the period of 
delay of notice provided under subsection (a), if any. 
‘‘(2) DETERMINATION.—The court may not 
grant a request for an order made under paragraph 
(1), or an extension of such order requested by the 
governmental entity pursuant to paragraph (3), un-
less— 
‘‘(A) the court issues a written determina-
tion, based on specific and articulable facts, and 
including written findings of fact and conclu-
sions of law, that it is substantially likely that 
not granting the request will result in— 
‘‘(i) endangering the life or physical 
safety of an individual; 
‘‘(ii) flight from prosecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; or 
‘‘(v) otherwise seriously jeopardizing 
an investigation or unduly delaying a trial; 
and 
‘‘(B) the order is narrowly tailored and 
there is no less restrictive alternative, including 
notification to an individual or organization 
within or providing legal representation to the 
customer or subscriber, to avoid an adverse re-
sult as described in clause (i) through (v) of 
subparagraph (A). 
‘‘(3) EXTENSION.—A governmental entity may 
request one or more extensions of an order granted 
under paragraph (2) of not more than 60 days for 
each such extension. The court may only grant such 
an extension if the court makes a written determina-
tion required under paragraph (2)(A) and the exten-
sion is in accordance with the requirements of 
(2)(B). 
‘‘(4) 
NOTIFICATION
OF
CHANGED
CIR-
CUMSTANCES.—If the need for the order issued 
under paragraph (2) changes materially, the govern-
mental entity that requested the order shall notify 
the court within 72 hours of the changed cir-
cumstances, and the court shall reassess the order 
and modify or vacate as appropriate. 
‘‘(5) OPPORTUNITY TO BE HEARD.— 
‘‘(A) IN GENERAL.—Upon an application, 
petition, or motion by a provider of electronic 
communications service or remote computing 
service or person acting on behalf of the pro-
vider to which an order under paragraph (2) 
(or an extension under paragraph (3)) has been 
issued, the court may modify or vacate the 
order if— 
‘‘(i) the order does not meet require-
ments provided in paragraph (2); or 
‘‘(ii) compliance with the order is un-
reasonable or otherwise unlawful. 
‘‘(B) STAY OF DISCLOSURE OF CUSTOMER 
OR
SUBSCRIBER
COMMUNICATIONS
OR 
RECORDS.—A provider’s obligation to disclose
the information requested in the warrant, order, 
or subpoena to which the order in paragraph 
(1) applies is stayed upon the filing of the ap-
plication, petition, or motion under this para-
graph pending resolution of the application, pe-
tition, or motion, unless the court with jurisdic-
tion over the challenge determines based on a 
showing by the governmental entity that the 
stay should be lifted in whole or in part prior 
to resolution. 
‘‘(C) FINALITY OF ORDER.—The decision 
of the court resolving an application, petition, 
or motion under this paragraph shall constitute 
a final, appealable order. 
‘‘(6) EXCEPTION.—A provider of electronic 
communications service or remote computing service 
to which an order under paragraph (2) applies, or 
an officer, employee, or agent thereof, may disclose 
information otherwise subject to any applicable non-
disclosure requirement to— 
‘‘(A) those persons to whom disclosure is 
necessary in order to comply with the warrant, 
order, or subpoena;
‘‘(iv) of the identity of the court au-
thorizing the preclusion of notice; 
‘‘(v) of the provision of this chapter 
under which the preclusion of notice was 
authorized; and 
‘‘(vi) that the government will, upon 
request by the customer or subscriber 
made within 180 days after receiving noti-
fication under this paragraph, provide the 
customer or subscriber with a copy of the 
information that was disclosed in response 
to the warrant, order or subpoena, or in 
the event that no information was dis-
closed, a written certification that no infor-
mation was disclosed. 
‘‘(10) COPY
OF
INFORMATION
DISCLOSED.— 
Upon expiration of the order precluding notice 
issued under paragraph (2) or (3) of this subsection, 
and at the request of the customer or subscriber 
made within 180 days of receiving notification under 
paragraph (9), the governmental entity shall 
promptly provide the customer or subscriber— 
‘‘(A) with a copy of the information that 
was disclosed in response to the warrant, order 
or subpoena; or
‘‘(B) in the event that no information was 
disclosed, a written certification that no infor-
mation was disclosed.’’. 
SEC. 4. ADDITIONAL PROVISIONS REGARDING DELAYED 
NOTICE. 
Section 2705 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘(c) ANNUAL REPORT.—On an annual basis, the At-
torney General shall provide to the Committees on the Ju-
diciary of the House of Representatives and the Senate, 
in a manner consistent with protection of national secu-
rity, a report setting forth with respect to the preceding 
calendar year, for each Federal judicial district— 
‘‘(1) the number of customers or subscribers 
with respect to whom, in that calendar year, a war-
rant, subpoena, or court order was issued pursuant 
to section 2703; 
‘‘(2) the aggregate number of applications re-
questing delay of notification pursuant to sub-
sections (a)(1) and (b)(1); 
‘‘(3) the aggregate number of orders under this 
section either granting, extending, or denying a re-
quest for delay of notification; 
‘‘(4) the aggregate number of orders under this 
section affecting a member of the news media, in-
cluding any conduct related to activities protected 
under the First Amendment; and 
‘‘(5) the aggregate number of arrests, trials, 
and convictions, resulting from investigations in 
which orders under this section were obtained, in-
cluding the offenses for which individuals were ar-
rested, tried, or convicted. 
The Attorney General shall include in the report under 
this subsection a description of the process and the infor-
mation used to determine the numbers for each of para-
graphs (1) through (5).’’. 
Passed the House of Representatives June 21, 2022. 
Attest: 
Clerk.
117TH CONGRESS 
2D SESSION 
H. R. 7072 
AN ACT 
To amend title 18, United States Code, to modify 
delayed notice requirements, and for other pur-
poses.