Sec. 106. Justification for nondisclosure requirement concerning access business records for foreign intelligence and international terrorism investigations
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Section 501 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1861 ) is amended— in subsection (b)— in paragraph (1)(B), by striking and after the semicolon; in paragraph (2)(D), by striking the period at the end and inserting ; and ; and by adding at the end the following: if the applicant is seeking a nondisclosure requirement described in subsection (d), shall include— the time period during which the Director of the Federal Bureau of Investigation believes the nondisclosure requirement should apply; a statement of facts showing that there are reasonable grounds 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 such time period will result in— endangering the life or physical safety of any person; flight from investigation or prosecution; destruction of or tampering with evidence; intimidation of potential witnesses; interference with diplomatic relations; alerting a target, an associate of a target, or the foreign power of which the target is an agent, of the interest of the Government in the target; or otherwise seriously endangering the national security of the United States; and an explanation of how the nondisclosure requirement is narrowly tailored to address the specific harm identified under subparagraph (B). ; in subsection (c), by adding at the end the following:
If a judge who issues an order under this subsection upon an application made pursuant to this section that includes a request for a nondisclosure requirement described in subsection
(d)finds that the requirements of subsection (b)(3) have been met, such order shall include a nondisclosure requirement that applies for a period of up to 1 year, unless the judge determines that the facts justify a longer period of nondisclosure, subject to the principles and procedures described in subsection (d). ; and by amending subsection
(d)to read as follows: No person who receives an order entered under subsection
(c)that contains a nondisclosure requirement shall disclose to any person the particular information specified in the nondisclosure requirement during the time period to which the requirement applies. A person who receives an order entered under subsection
(c)that contains a nondisclosure requirement may disclose information otherwise subject to any applicable nondisclosure requirement to— those persons to whom disclosure is necessary to comply with the order; an attorney to obtain legal advice or assistance regarding the order; or other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. A person to whom disclosure is made under subparagraph
(A)shall be subject to the nondisclosure requirements applicable to a person to whom an order is directed under this section in the same manner as the person to whom the order is directed. Any person who discloses to a person described in subparagraph
(A)information otherwise subject to a nondisclosure requirement shall notify the person of the applicable nondisclosure requirement. At the request of the Director of the Federal Bureau of Investigation or the designee of the Director, any person making or intending to make a disclosure under clause
(i)or
(iii)of subparagraph
(A)shall identify to the Director or such designee the person to whom such disclosure will be made or to whom such disclosure was made prior to the request. The Director of the Federal Bureau of Investigation, or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge), may apply for renewals of the prohibition on disclosure of particular information 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 paragraph
(4)determines that the statement of facts included in the application pursuant to subsection (b)(3)(B) is true and credible. An application for a renewal under this subsection shall be made to— a judge of the court established under section 103(a); or 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). . Section 501(f)(1)(B) of such Act ( 50 U.S.C. 1861(f)(1)(B) ) is amended by striking an order imposed under subsection
(d)and inserting a nondisclosure requirement imposed in connection with a production order .
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Sec. 106
Justification for nondisclosure requirement concerning access business records for foreign intelligence and international terrorism investigations
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