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The USA PATRIOT Act Additional Reauthorizing Amendments Act of 2006 respond to the legal challenge to NSLs in Doe v. Ashcroft by creating procedures for judicial review and enforcement of the NSLs and gag order requirements. Under § 2709, in order to impose a gag order on the recipient of an NSL, a high level official of the FBI must certify that disclosure may result in “a danger to the national security of the United States, interference with a criminal, counterterrorism, or counterintelligence investigation, interference with diplomatic relations, or danger to the life or physical safety of any person.” Under § 3511, the recipient of an NSL can petition to have the NSL and the gag order set aside if there is no reason to believe disclosure would endanger national security. However, a certification by the Attorney General that disclosure will harm national security is treated as conclusive unless made in bad faith. The amendments also establish a penalty of up to five years in jail for failure to comply with the nondisclosure and make clear that a recipient of an NSL can consult an attorney. Finally, the amendments require that the Department of Justice’s Inspector General issue reports reviewing the FBI’s use of NSLs. See P.L. 109-178, 120 Stat. 278 (2006).

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Timeline Date: 
Thursday, March 9, 2006 (All day)