Page:United States Statutes at Large Volume 120.djvu/228

 PUBLIC LAW 109–177—MAR. 9, 2006

120 STAT. 197

(d) ADDITIONAL PROTECTIONS.—Subsection (c)(2) of such section is amended to read as follows: ‘‘(2) An order under this subsection— ‘‘(A) shall describe the tangible things that are ordered to be produced with sufficient particularity to permit them to be fairly identified; ‘‘(B) shall include the date on which the tangible things must be provided, which shall allow a reasonable period of time within which the tangible things can be assembled and made available; ‘‘(C) shall provide clear and conspicuous notice of the principles and procedures described in subsection (d); ‘‘(D) may only require the production of a tangible thing if such thing can be obtained with a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation or with any other order issued by a court of the United States directing the production of records or tangible things; and ‘‘(E) shall not disclose that such order is issued for purposes of an investigation described in subsection (a).’’. (e) PROHIBITION ON DISCLOSURE.—Subsection (d) of such section is amended to read as follows: ‘‘(d)(1) No person shall disclose to any other person that the Federal Bureau of Investigation has sought or obtained tangible things pursuant to an order under this section, other than to— ‘‘(A) those persons to whom disclosure is necessary to comply with such order; ‘‘(B) an attorney to obtain legal advice or assistance with respect to the production of things in response to the order; or ‘‘(C) other persons as permitted by the Director of the Federal Bureau of Investigation or the designee of the Director. ‘‘(2)(A) A person to whom disclosure is made pursuant to paragraph (1) 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 such person. ‘‘(B) Any person who discloses to a person described in subparagraph (A), (B), or (C) of paragraph (1) that the Federal Bureau of Investigation has sought or obtained tangible things pursuant to an order under this section shall notify such person of the nondisclosure requirements of this subsection. ‘‘(C) 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 this section 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, but in no circumstance shall a person be required to inform the Director or such designee that the person intends to consult an attorney to obtain legal advice or legal assistance.’’. (f) JUDICIAL REVIEW.— (1) PETITION REVIEW POOL.—Section 103 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803) is amended by adding at the end the following new subsection: ‘‘(e)(1) Three judges designated under subsection (a) who reside within 20 miles of the District of Columbia, or, if all of such judges are unavailable, other judges of the court established under subsection (a) as may be designated by the presiding judge of

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