An amendment numbered 6 printed in part B of House Report 109-178 to establish that under section 505 of the USA PATRIOT Act, a recipient of a National Security Letter may not be penalized for violating the nondisclosure requirement if the recipient is mentally incompetent, under undue stress, under threat of bodily harm, or a threat of being discharged from employment. Recipient must notify the FBI immediately of these circumstances.

1. Adds SEC. 17. DEFENSE AGAINST GAG ORDERS at the end of the bill

   Adds a section

   Inserted: SEC. 17. DEFENSE AGAINST GAG ORDERS.

   Inserted: A person who has received a non-disclosure order in connection with records provided under the provisions of law amended by sections 215 and 505 of the USA PATRIOT Act may not be penalized for a disclosure if the disclosing person is mentally incompetent or under undue stress, or for a disclosure made because of a threat of bodily harm or a threat to discharge the disclosing person from employment. In order to avoid the penalty, the disclosing person must notify the Federal Bureau of Investigation immediately of the existence of the circumstance constituting the exemption.

   Original wording

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As printed