II
109th CONGRESS
1st Session
S. 737
IN THE SENATE OF THE UNITED STATES
April 6, 2005
Mr. Craig (for himself, Mr. Durbin, Mr. Sununu, Mr. Feingold, Ms. Murkowski, and Mr. Salazar) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To amend the USA PATRIOT ACT to place reasonable limitations on the use of surveillance and the issuance of search warrants, and for other purposes.
Short title
This Act may be cited as the
Security and Freedom Enhancement Act
of 2005
or the
SAFE Act
.
Limitations on roving wiretaps under Foreign Intelligence Surveillance Act of 1978
Section 105(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(c)) is amended—
in paragraph (1), by striking subparagraphs (A) and (B) and inserting the following:
the identity of the target of the electronic surveillance, if known; or
if the identity of the target is not known, a description of the target and the nature and location of the facilities and places at which the electronic surveillance will be directed;
the nature and location of each of the facilities or places at which the electronic surveillance will be directed, if known; or
if any of the facilities or places are not known, the identity of the target;
; and
in paragraph (2)—
by redesignating subparagraphs (B) through (D) as subparagraphs (C) through (E), respectively; and
by inserting after subparagraph (A) the following:
in cases where the facility or place at which the surveillance will be directed is not known at the time the order is issued, that the electronic surveillance be conducted only when the presence of the target at a particular facility or place is ascertained by the person conducting the surveillance;
.
Limitations on delayed notice search warrants
In general
Section 3103a(b) of title 18, United States Code, is amended—
in paragraph (1), by striking
may have an adverse result (as defined in section 2705);
and
inserting
will—
endanger the life or physical safety of an individual;
result in flight from prosecution;
result in the destruction of or tampering with evidence; or
result in intimidation of potential witnesses;
; and
in paragraph (3), by striking
within a reasonable period
and all that follows and
inserting
not later than 7 days after the execution of the warrant, which period may be extended by the court for an additional period of not more than 21 days each time the court finds reasonable cause to believe, pursuant to a request by the Attorney General, the Deputy Attorney General, or the Associate Attorney General, that notice of the execution of the warrant will—
endanger the life or physical safety of an individual;
result in flight from prosecution;
result in the destruction of, or tampering with, the evidence sought under the warrant; or
result in intimidation of potential witnesses.
.
Reports
Section 3103a of title 18, United States Code, is amended by adding at the end the following:
Reports
In general
Every 6 months, the Attorney General shall submit a report to Congress summarizing, with respect to warrants under subsection (b), the requests made by the Department of Justice to delay notice and extend a delay of notice during the previous 6-month period.
Contents
Each report submitted under paragraph (1) shall include, for the preceding 6-month period—
the number of requests to delay notice with respect to warrants under subsection (b), categorized as granted, denied, or pending;
for each request to delay notice that was granted, the number of requests to extend the delay of notice, categorized as granted, denied, or pending; and
on an aggregate basis, the nature of the crime being investigated for each request to delay notice that was granted or denied.
Public availability
The Attorney General shall make the report submitted under paragraph (1) available to the public.
.
Privacy protections for library, bookseller, and other personal records under Foreign Intelligence Surveillance Act of 1978
Applications for orders
Section 501(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(b)(2)) is amended—
by striking shall
specify that the records
and inserting
shall specify that—
the records
;
by striking the period at the
end and inserting the following: ; and
; and
by inserting at the end the following:
there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power.
.
Orders
Section 501(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(c)) is amended—
in paragraph (1), by striking
finds that
and all that follows and inserting
finds that—
there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power; and
the application meets the other requirements of this section.
; and
by adding at the end the following:
An order under this subsection shall not—
contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism; or
require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism.
An order under this subsection must provide notice of the recipient’s right to file a petition under subsection (f) and explain the procedures for doing so.
.
Nondisclosure
Section 501(d) of Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) is amended to read as follows:
Nondisclosure
In general
No person who receives an order under subsection (c) shall disclose to any person that the Federal Bureau of Investigation has sought or obtained tangible things under this section for 180 days after receipt of such order.
Exception
A person who receives an order under subsection (c) may disclose that the Federal Bureau of Investigation has sought or obtained tangible things under this section to—
those persons to whom disclosure is necessary in order to comply with an order under this section; or
an attorney in order to obtain legal advice regarding such order.
Extension
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 an order prohibiting disclosure that the Federal Bureau of Investigation has sought or obtained access to tangible things under this section for an additional 180 days.
Jurisdiction
An application for an order pursuant to 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, 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).
Application contents
An application for an order pursuant to this subsection must state specific and articulable facts giving the applicant reason to believe that disclosure that the Federal Bureau of Investigation has sought or obtained tangible things under this section will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Standard
The judge may issue an ex parte order pursuant to this subsection if the judge determines there is reason to believe that disclosure that the Federal Bureau of Investigation has sought or obtained access to tangible things under this section will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Renewal
An order under this subsection may be renewed for additional periods of up to 180 days upon another application meeting the requirements of paragraph (5) and a determination by the court that the circumstances described in paragraph (6) continue to exist.
.
Judicial review
Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is amended by adding at the end the following:
Judicial Review
Order for production
Not later than 20 days after the service upon any person of an order pursuant to subsection (c), or at any time before the return date specified in the order, whichever period is shorter, such person may file, in the court established under section 103(a) or in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, a petition for such court to modify or set aside such order. The time allowed for compliance with the order in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of such order to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.
Nondisclosure order
In general
A person prohibited from disclosing information under subsection (d) may file, in the courts established by section 103(a) or in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, a petition for such court to set aside the nondisclosure requirement. Such petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the nondisclosure requirement to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.
Standard
The court shall set aside the nondisclosure requirement unless the court determines that there is reason to believe that disclosure of the order under subsection (c) will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Rulemaking
In general
Not later than 180 days after the date of enactment of the Security and Freedom Enhancement Act of 2005, the courts established pursuant to section 103(a) shall establish such rules and procedures and take such actions as are reasonably necessary to administer their responsibilities under this subsection.
Reporting
Not later than 30 days after promulgating rules and procedures under subparagraph (A), the courts established pursuant to section 103(a) shall transmit a copy of the rules and procedures, unclassified to the greatest extent possible (with a classified annex, if necessary), to the Committee on the Judiciary and the Select Committee on Intelligence of the Senate and the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.
Disclosures to petitioners
In making determinations under this subsection, the court shall disclose to the petitioner, the counsel of the petitioner, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other related materials unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case.
.
Use of information
Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861), as amended by subsection (d), is amended by adding at the end the following:
Use of Information
In general
Consent
Any tangible things or information acquired from an order pursuant to this section concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this subsection.
Use and disclosure
No tangible things or information acquired from an order pursuant to this section may be used or disclosed by Federal officers or employees except for lawful purposes.
Disclosure for law enforcement purposes
No tangible things or information acquired pursuant to this section shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such tangible things or information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
Notification of intended disclosure by the united states
Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any tangible things or information obtained or derived from an order pursuant to this section, the United States shall, before the trial, hearing, or other proceeding or at a reasonable time before an effort to so disclose or so use the tangible things or information or submit them in evidence, notify the aggrieved person and the court or other authority in which the tangible things or information are to be disclosed or used that the United States intends to so disclose or so use such tangible things or information.
Notification of intended disclosure by state or political subdivision
Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any tangible things or information obtained or derived from an order pursuant to this section, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the tangible things or information are to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such tangible things or information.
Motion to suppress
In general
Any aggrieved person against whom evidence obtained or derived from an order pursuant to this section is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the order, as the case may be, on the grounds that—
the tangible things or information were acquired in violation of the Constitution or laws of the United States; or
the order was not in conformity with the requirements of this section.
Timing
A motion under subparagraph (A) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.
Judicial review
In general
Whenever—
a court or other authority is notified pursuant to paragraph (3) or (4);
a motion is made pursuant to paragraph (5); or
any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to—
discover or obtain applications, orders, or other materials relating to an order issued pursuant to this section; or
discover, obtain, or suppress evidence or information obtained or derived from an order issued pursuant to this section;
Disclosure
In making a determination under subparagraph (A), unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case, the court shall disclose to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other related materials, or evidence or information obtained or derived from the order.
Effect of determination of lawfulness
Unlawful orders
If the United States district court determines pursuant to paragraph (6) that the order was not authorized or served in compliance with the Constitution or laws of the United States, the court may, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the order or otherwise grant the motion of the aggrieved person.
Lawful orders
If the court determines that the order was lawfully authorized and served, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
Binding final orders
Orders granting motions or requests under paragraph (6), decisions under this section that an order was not lawfully authorized or served, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other related materials shall be final orders and binding upon all courts of the United States and the several States except a United States court of appeals or the Supreme Court.
.
Oversight of requests for production of records
Section 502(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1862(a)) is amended to read as follows:
On a semiannual basis, the Attorney General shall, with respect to all requests for the production of tangible things under section 501, fully inform—
the Select Committee on Intelligence of the Senate;
the Committee on the Judiciary of the Senate;
the Permanent Select Committee on Intelligence of the House of Representatives; and
the Committee on the Judiciary of the House of Representatives.
.
Definition
Title V of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is amended by adding at the end the following:
Definitions
In this title, the following definitions apply:
In general
Except as provided in this section, terms used in this title that are also used in title I shall have the meanings given such terms by section 101.
Aggrieved person
The term aggrieved person means any person whose tangible things or information were acquired pursuant to an order under this title.
.
Procedural protections for national security letters
Standard
Title 18
Section 2709(b) of title 18, United States Code, is amended—
in paragraph (1), by
inserting and there are specific and articulable facts giving reason to
believe that the name, address, length of service, and toll billing records
sought pertain to a foreign power or agent of a foreign power
after
clandestine intelligence activities
; and
in paragraph (2), by striking
, provided that such an investigation
and all that follows and
inserting the following:
and there are specific and articulable facts giving reason to believe that communications facilities registered in the name of the person or entity have been used, through the services of such provider, in communication with—
an individual who is engaging or has engaged in international terrorism or clandestine intelligence activities that involve or may involve a violation of the criminal statutes of the United States; or
a foreign power or an agent of a foreign power,
provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment of the Constitution of the United States.
.
Financial institutions
Section 1114(a)(5)(A) of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended by
inserting and there are specific and articulable facts giving reason to
believe that the records sought pertain to a foreign power or agent of a
foreign power
after clandestine intelligence
activities
.
Consumer reporting agency
In general
Section 625 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended—
in the second sentence of
subsection (a), by inserting and there are specific and articulable
facts giving reason to believe that the information sought pertains to a
foreign power or agent of a foreign power
after clandestine
intelligence activities
;
in the second sentence of
subsection (b), by inserting and there are specific and articulable
facts giving reason to believe that the consumer is a foreign power or an agent
of a foreign power or has been, or is about to be, in contact with a foreign
power or an agent of a foreign power
after clandestine
intelligence activities
; and
in the first sentence of
subsection (c), by inserting and there are specific and articulable
facts giving reason to believe that the consumer report sought pertains to a
foreign power or agent of a foreign power
after clandestine
intelligence activities
.
Government agencies
Section 626(a) of the Fair
Credit Reporting Act (15 U.S.C. 1681v(a)) is amended by inserting and
there are specific and articulable facts giving reason to believe that the
information sought pertains to a foreign power or agent of a foreign
power
after necessary for the agency's conduct or such
investigation, activity or analysis
.
Requirements
Section 2709(b) of title 18, United States Code, as amended by subsection (a)(1) is amended by—
redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
striking The Director
of the Federal Bureau of Investigation
and inserting the
following:
In general
The Director of the Federal Bureau of Investigation
; and
adding after paragraph (1), as amended by subparagraph (B), the following:
Limitation
A request under this subsection shall not—
contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism; or
require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism.
Notice
A request under this subsection must provide notice of the recipient’s right to file a petition under subsection (e) and explain the procedures for doing so.
.
Request for information from financial institutions
Section 1114(a)(5)(A) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(A)), as amended by subsection (a)(2), is amended by—
redesignating
Financial institutions
and everything that follows as clause
(i); and
adding after clause (i) the following new clauses:
A request under this subsection shall not—
contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism; or
require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism.
A request under this subsection must provide notice of the recipient’s right to file a petition under subparagraph (E) of this paragraph and explain the procedures for doing so.
.
Request for information from consumer reporting agencies
Section 625 of the Fair Credit Reporting Act (15 U.S.C. 1681u) is amended by adding at the end the following:
Limitation
A request under this section shall not—
contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism; or
require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism.
A request under this section must provide notice of the recipient’s right to file a petition under subsection (o) and explain the procedures for doing so.
.
Request for information from consumer reporting agencies by governmental agencies
Section 626(b) of the Fair Credit Reporting Act (15 U.S.C. 1681v(b)) is amended by—
redesignating The
certification described
and all that follows as paragraph (1);
and
adding after paragraph (1) the following new paragraphs:
A request under this subsection shall not—
contain any requirement which would be held to be unreasonable if contained in a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism; or
require the production of any documentary evidence which would be privileged from disclosure if demanded by a subpoena duces tecum issued by a court of the United States in aid of a grand jury investigation of espionage or international terrorism.
A request under this subsection must provide notice of the recipient’s right to file a petition under subsection (f) and explain the procedures for doing so.
.
Nondisclosure
In general
Section 2709(c) of title 18, United States Code, is amended to read as follows:
Prohibition of certain disclosure
In general
No wire or electronic communication service provider, or officer, employee, or agent thereof, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to information or records under this section for 90 days after receipt of such request from the Bureau.
Exception
A wire or electronic communication service provider, or officer, employee, or agent thereof, who receives an order under this subsection may disclose that the Federal Bureau of Investigation has sought or obtained access to information or records under this section to—
those persons to whom disclosure is necessary in order to comply with an order under this section; or
an attorney in order to obtain legal advice regarding such order.
Extension
The Director of the Federal Bureau of Investigation, or the Director’s designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, may apply for an order prohibiting disclosure that the Federal Bureau of Investigation has sought or obtained access to information or records under this section for an additional 180 days.
Jurisdiction
An application for an order pursuant to this subsection shall be filed in the district court of the United States in any district within which the authorized investigation that is the basis for a request pursuant to this section is being conducted.
Application contents
An application for an order pursuant to this subsection must state specific and articulable facts giving the applicant reason to believe that disclosure that the Federal Bureau of Investigation has sought or obtained access to information or records under this section will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Standard
The court may issue an ex parte order pursuant to this subsection if the court determines there is reason to believe that disclosure that the Federal Bureau of Investigation has sought or obtained access to information or records under this section will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Renewal
An order under this subsection may be renewed for additional periods of up to 180 days upon another application meeting the requirements of paragraph (5) and a determination by the court that the circumstances described in paragraph (6) continue to exist.
.
Financial institutions
Section 1114(a)(5)(D) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)(D)) is amended to read as follows:
Nondisclosure
In general
No financial institution, or officer, employee, or agent of such institution, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained access to a customer’s or entity’s financial records under this paragraph for 90 days after receipt of such request from the Bureau.
Exception
A financial institution, or officer, employee, or agent of such institution, who receives an order under this subparagraph may disclose that the Federal Bureau of Investigation has sought or obtained access to a customer’s or entity’s financial records to—
those persons to whom disclosure is necessary in order to comply with a request under this subparagraph; or
an attorney in order to obtain legal advice regarding such request.
Extension
The Director of the Federal Bureau of Investigation, or the Director’s designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, may apply for an order prohibiting disclosure that the Federal Bureau of Investigation has sought or obtained access to a customer’s or entity’s financial records under this paragraph for an additional 180 days.
Jurisdiction
An application for an order pursuant to this subsection shall be filed in the district court of the United States in any district within which the authorized investigation that is the basis for a request pursuant to this paragraph is being conducted.
Application contents
An application for an order pursuant to this subparagraph must state specific and articulable facts giving the applicant reason to believe that disclosure that the Federal Bureau of Investigation has sought or obtained access to a customer’s or entity’s financial records under this paragraph will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Standard
The court may issue an ex parte order pursuant to this subparagraph if the court determines there is reason to believe that disclosure that the Federal Bureau of Investigation has sought or obtained access to a customer’s or entity’s financial records under this paragraph will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Renewal
An order under this subparagraph may be renewed for additional periods of up to 180 days upon another application meeting the requirements of clause (v) and a determination by the court that the circumstances described in clause (vi) of this subparagraph continue to exist.
.
Consumer reporting agencies
Section 625(d) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d)) is amended to read as follows:
Confidentiality
In general
No consumer reporting agency, or officer, employee, or agent of a consumer reporting agency, shall disclose to any person that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c) for 90 days after receipt of a request or order under this section, and no consumer reporting agency, or officer, employee, or agent of a consumer reporting agency, shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information or a consumer report.
Exception
A consumer reporting agency or officer, employee, or agent of a consumer reporting agency who receives an order under this subsection may disclose that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer to—
those officers, employees, or agents of a consumer reporting agency necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section; or
an attorney in order to obtain legal advice regarding such requirement.
Extension
The Director of the Federal Bureau of Investigation, or the Director’s designee in a position not lower than Deputy Assistant Director at Bureau headquarters or a Special Agent in Charge of a Bureau field office designated by the Director, may apply for an order prohibiting disclosure that the Federal Bureau of Investigation has sought or obtained access to information or records under subsection (a), (b), or (c) for an additional 180 days.
Jurisdiction
An application for an order pursuant to this subsection shall be filed in the district court of the United States in any district within which the authorized investigation that is the basis for a request or order pursuant to this section is being conducted.
Application contents
An application for an order pursuant to this subsection must state specific and articulable facts giving the applicant reason to believe that disclosure that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c) will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Standard
The court may issue an ex parte order pursuant to this subsection if the court determines there is reason to believe that disclosure that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c) will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Renewal
An order under this subsection may be renewed for additional periods of up to 180 days upon another application meeting the requirements of paragraph (5) and a determination by the court that the circumstances described in paragraph (6) continue to exist.
.
Consumer reporting agencies reporting to governmental agencies
Section 626(c) of the Fair Credit Reporting Act (15 U.S.C. 1681v(c)) is amended to read as follows:
Confidentiality
In general
No consumer reporting agency, or officer, employee, or agent of a consumer reporting agency, shall disclose to any person or specify in any credit report that a government agency has sought or obtained access to information under subsection (a) for 90 days after receipt of the request for such information.
Exception
A consumer reporting agency, or officer, employee, or agent of a consumer reporting agency, may disclose that a government agency has sought or obtained access to information under subsection (a) to—
those officers, employees, or agents of a consumer reporting agency necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section; or
an attorney in order to obtain legal advice regarding such requirement.
Extension
The supervisory official or officer who signs a certification under subsection (b) may apply in any district court of the United States for an order prohibiting disclosure that a government agency has sought or obtained access to information under subsection (a) for an additional 180 days.
Application contents
An application for an order pursuant to this subsection must state specific and articulable facts giving the applicant reason to believe that disclosure that a government agency has sought or obtained access to information under subsection (a) will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Standard
The court may issue an ex parte order pursuant to this subsection if the court determines there is reason to believe that disclosure that a government agency has sought or obtained access to information under subsection (a) will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Renewal
An order under this subsection may be renewed for additional periods of up to 180 days upon another application meeting the requirements of paragraph (4) and a determination by the court that the circumstances described in paragraph (5) continue to exist.
.
Judicial review
In general
Section 2709 of title 18, United States Code, is amended by—
redesignating subsection (e) as subsection (g); and
inserting after subsection (d) the following:
Judicial Review
Request
Not later than 20 days after any person receives a request pursuant to subsection (b), or at any time before the return date specified in the request, whichever period is shorter, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, a petition for such court to modify or set aside such request. The time allowed for compliance with the request in whole or in part as deemed proper and ordered by the court shall not run during the pendency of such petition in the court. Such petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of such request to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.
Nondisclosure
In general
A person prohibited from disclosing information under subsection (c) may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, a petition for the court to set aside the nondisclosure requirement. Such petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the nondisclosure requirement to comply with the provisions of this section or upon any constitutional or other legal right or privilege of such person.
Standard
The court shall set aside the nondisclosure requirement unless the court determines that there is a reason to believe that disclosure of the request under subsection (b) will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Disclosure
In making determinations under this subsection, the court shall disclose to the petitioner, the counsel of the petitioner, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other related materials unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case.
.
Financial record requests
Section 1114(a)(5) of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414(a)(5)), as amended by subsections (a), (b), and (c) of this section, is amended by adding at the end the following:
Judicial Review
In general
Not later than 20 days after any person receives a request pursuant to subparagraph (A), or at any time before the return date specified in the request, whichever period is shorter, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, a petition for the court to modify or set aside the request. The time allowed for compliance with the request in whole or in part as deemed proper and ordered by the court shall not run during the pendency of the petition in the court. The petition shall specify each ground upon which the petitioner relies in seeking relief, and may be based upon any failure of the request to comply with the provisions of this paragraph or upon any constitutional or other legal right or privilege of the petitioner.
Nondisclosure
In general
A person prohibited from disclosing information under subparagraph (D) may file, in the district court of the United States for the judicial district within which the recipient resides, is found, or transacts business, a petition for the court to set aside the nondisclosure requirement. The petition shall specify each ground upon which the petitioner relies in seeking the relief, and may be based upon any failure of the nondisclosure requirement to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner.
Standard
The court shall set aside the nondisclosure requirement unless the court determines that there is a reason to believe that disclosure of the request under subparagraph (A) will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Disclosure
In making determinations under this subparagraph, the court shall disclose to the petitioner, the counsel of the petitioner, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other related materials unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case.
.
Consumer report requests
Section 625 of the Fair Credit Reporting Act (15 U.S.C. 1681u), as amended by subsection (b) of this section, is amended by adding at the end the following:
Judicial Review
In general
Not later than 20 days after any person receives a request or order pursuant to subsection (a), (b), or (c), or at any time before the return date specified in the request or order, whichever period is shorter, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, a petition for the court to modify or set aside the request or order. The time allowed for compliance with the request or order in whole or in part as deemed proper and ordered by the court shall not run during the pendency of the petition in the court. The petition shall specify each ground upon which the petitioner relies in seeking the relief, and may be based upon any failure of the request or order to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner.
Nondisclosure
In general
A person prohibited from disclosing information under subsection (d) may file, in the district court of the United States for the judicial district within which the recipient resides, is found, or transacts business, a petition for the court to set aside the nondisclosure requirement. The petition shall specify each ground upon which the petitioner relies in seeking the relief, and may be based upon any failure of the nondisclosure requirement to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner.
Standard
The court shall set aside the nondisclosure requirement unless the court determines that there is a reason to believe that disclosure of request or order under subsection (a), (b), or (c) will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Disclosure
In making determinations under this subsection, the court shall disclose to the petitioner, the counsel of the petitioner, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other related materials unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case.
.
Consumer report requests by governmental agencies
Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681v) is amended by adding at the end the following:
Judicial Review
In general
Not later than 20 days after any person receives a request pursuant to subsection (a), or at any time before the return date specified in the request, whichever period is shorter, such person may file, in the district court of the United States for the judicial district within which such person resides, is found, or transacts business, a petition for the court to modify or set aside the request. The time allowed for compliance with the request in whole or in part as deemed proper and ordered by the court shall not run during the pendency of the petition in the court. The petition shall specify each ground upon which the petitioner relies in seeking the relief, and may be based upon any failure of the request to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner.
Nondisclosure
In general
A person prohibited from disclosing information under subsection (c) may file, in the district court of the United States for the judicial district within which the recipient resides, is found, or transacts business, a petition for the court to set aside the nondisclosure requirement. The petition shall specify each ground upon which the petitioner relies in seeking the relief, and may be based upon any failure of the nondisclosure requirement to comply with the provisions of this section or upon any constitutional or other legal right or privilege of the petitioner.
Standard
The court shall set aside the nondisclosure requirement unless the court determines that there is a reason to believe that disclosure of the request under subsection (a) will result in—
endangering the life or physical safety of any person;
flight from prosecution;
destruction of or tampering with evidence;
intimidation of potential witnesses; or
otherwise seriously endangering the national security of the United States by alerting a target, a target’s associates, or the foreign power of which the target is an agent, of the Government’s interest in the target.
Disclosure
In making determinations under this subsection, the court shall disclose to the petitioner, the counsel of the petitioner, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other related materials unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case.
.
Use of information
In general
Section 2709 of title 18, United States Code, as amended by subsection (d), is amended by inserting after subsection (e) the following:
Use of Information
In general
Consent
Any information acquired from a request pursuant to this section concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this subsection.
Lawful purpose
No information acquired from an order pursuant to this section may be used or disclosed by Federal officers or employees except for lawful purposes.
Disclosure for law enforcement purposes
No information acquired pursuant to this section shall be disclosed for law enforcement purposes unless such disclosure is accompanied by a statement that such information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
Notification of intended disclosure by the united states
Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from a request pursuant to this section, the United States shall, before the trial, hearing, or other proceeding or at a reasonable time before an effort to so disclose or so use this information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.
Notification of intended disclosure by state or political subdivision
Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any information obtained or derived from a request pursuant to this section, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
Motion to suppress
In general
Any aggrieved person against whom evidence obtained or derived from a request pursuant to this section is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the request, as the case may be, on the grounds that—
the information was acquired in violation of the Constitution or laws of the United States; or
the request was not in conformity with the requirements of this section.
Timing
A motion under subparagraph (A) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.
Judicial review
In general
Whenever—
a court or other authority is notified pursuant to paragraph (3) or (4);
a motion is made pursuant to paragraph (5); or
any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to—
discover or obtain materials relating to a request issued pursuant to this section; or
discover, obtain, or suppress evidence or information obtained or derived from a request issued pursuant to this section;
Disclosure
In making a determination under subparagraph (A), unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case, the court shall disclose to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other related materials, or evidence or information obtained or derived from the order.
Effect of determination of lawfulness
Unlawful orders
If the United States district court determines pursuant to paragraph (6) that the request was not in compliance with the Constitution or laws of the United States, the court may, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the request or otherwise grant the motion of the aggrieved person.
Lawful orders
If the court determines that the request was lawful, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
Binding final orders
Orders granting motions or requests under paragraph (6), decisions under this section that a request was not lawful, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other related materials shall be final orders and binding upon all courts of the United States and the several States except a United States court of appeals or the Supreme Court.
Definitions
As used in this section—
the term agent of a foreign power has the meaning given such term by section 101(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b));
the term aggrieved person means a person whose name, address, length of service, or local or long distance toll records were sought or obtained under this section; and
the term foreign power has the meaning given such term by section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)).
.
Financial records
Section 1114 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3414) is amended by inserting after subsection (b) the following:
Use of Information
In general
Consent
Any information acquired from a request pursuant to this section concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this subsection.
Lawful purpose
No information acquired from an order pursuant to this section may be used or disclosed by Federal officers or employees except for lawful purposes.
Disclosure for law enforcement purposes
No information acquired pursuant to this section shall be disclosed for law enforcement purposes unless the disclosure is accompanied by a statement that the information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
Notification of intended disclosure by the united states
Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from a request pursuant to this section, the United States shall, before the trial, hearing, or other proceeding, or at a reasonable time before an effort to so disclose or so use this information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.
Notification of intended disclosure by state or political subdivision
Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any information obtained or derived from a request pursuant to this section, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
Motion to suppress
In general
Any aggrieved person against whom evidence obtained or derived from a request pursuant to this section is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the request, as the case may be, on the grounds that—
the information was acquired in violation of the Constitution or laws of the United States; or
the request was not in conformity with the requirements of this section.
Timing
A motion to suppress under subparagraph (A) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.
Judicial review
In general
Whenever—
a court or other authority is notified pursuant to paragraph (3) or (4);
a motion is made pursuant to paragraph (5); or
any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to—
discover or obtain materials relating to a request issued pursuant to this section; or
discover, obtain, or suppress evidence or information obtained or derived from a request issued pursuant to this section;
Disclosure
In making a determination under subparagraph (A), unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case, the court shall disclose to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other related materials, or evidence or information obtained or derived from the order.
Effect of determination of lawfulness
In general
If the United States district court determines pursuant to paragraph (6) that the request was not in compliance with the Constitution or laws of the United States, the court may, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the request or otherwise grant the motion of the aggrieved person.
Exception
If the court determines that the request was lawful, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
Binding final orders
Orders granting motions or requests under paragraph (6), decisions under this section that a request was not lawful, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other related materials shall be final orders and binding upon all courts of the United States and the several States except a United States Court of Appeals or the Supreme Court.
.
Consumer reports
Section 625 of the Fair Credit Reporting Act (15 U.S.C. 1681u), as amended by subsections (b) and (d), is amended by adding at the end the following:
Use of Information
In general
Consent
Any information acquired from a request or an order pursuant to this section concerning any United States person may be used and disclosed by Federal officers and employees without the consent of the United States person only in accordance with the provisions of this subsection.
Lawful purpose
No information acquired from an order pursuant to this section may be used or disclosed by Federal officers or employees except for lawful purposes.
Disclosure for law enforcement purposes
No information acquired pursuant to this section shall be disclosed for law enforcement purposes unless the disclosure is accompanied by a statement that the information, or any information derived therefrom, may only be used in a criminal proceeding with the advance authorization of the Attorney General.
Notification of intended disclosure by the united states
Whenever the United States intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States against an aggrieved person any information obtained or derived from a request or an order pursuant to this section, the United States shall, before the trial, hearing, or other proceeding, or at a reasonable time before an effort to so disclose or so use this information or submit it in evidence, notify the aggrieved person and the court or other authority in which the information is to be disclosed or used that the United States intends to so disclose or so use such information.
Notification of intended disclosure by state or political subdivision
Whenever any State or political subdivision thereof intends to enter into evidence or otherwise use or disclose in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the State or political subdivision thereof against an aggrieved person any information obtained or derived from a request or an order pursuant to this section, the State or political subdivision thereof shall notify the aggrieved person, the court or other authority in which the information is to be disclosed or used, and the Attorney General that the State or political subdivision thereof intends to so disclose or so use such information.
Motion to suppress
In general
Any aggrieved person against whom evidence obtained or derived from a request or an order pursuant to this section is to be, or has been, introduced or otherwise used or disclosed in any trial, hearing, or other proceeding in or before any court, department, officer, agency, regulatory body, or other authority of the United States, or a State or political subdivision thereof, may move to suppress the evidence obtained or derived from the request or the order, as the case may be, on the grounds that—
the information was acquired in violation of the Constitution or laws of the United States; or
the request or the order was not in conformity with the requirements of this section.
Timing
A motion to suppress under subparagraph (A) shall be made before the trial, hearing, or other proceeding unless there was no opportunity to make such a motion or the aggrieved person concerned was not aware of the grounds of the motion.
Judicial review
In general
Whenever—
a court or other authority is notified pursuant to paragraph (3) or (4);
a motion is made pursuant to paragraph (5); or
any motion or request is made by an aggrieved person pursuant to any other statute or rule of the United States or any State before any court or other authority of the United States or any State to—
discover or obtain materials relating to a request or an order issued pursuant to this section; or
discover, obtain, or suppress evidence or information obtained or derived from a request or an order issued pursuant to this section;
Disclosure
In making a determination under subparagraph (A), unless the court finds that such disclosure would not assist in determining any legal or factual issue pertinent to the case, the court shall disclose to the aggrieved person, the counsel of the aggrieved person, or both, under the procedures and standards provided in the Classified Information Procedures Act (18 U.S.C. App.), portions of the application, order, or other related materials, or evidence or information obtained or derived from the order.
Effect of determination of lawfulness
In general
If the United States district court determines pursuant to paragraph (6) that the request or the order was not in compliance with the Constitution or laws of the United States, the court may, in accordance with the requirements of law, suppress the evidence which was unlawfully obtained or derived from the request or the order or otherwise grant the motion of the aggrieved person.
Exception
If the court determines that the request or the order was lawful, it may deny the motion of the aggrieved person except to the extent that due process requires discovery or disclosure.
Binding final orders
Orders granting motions or requests under paragraph (6), decisions under this section that a request was not lawful, and orders of the United States district court requiring review or granting disclosure of applications, orders, or other related materials shall be final orders and binding upon all courts of the United States and the several States except a United States Court of Appeals or the Supreme Court.
.
Consumer reports requested by governmental agencies
Section 626 of the Fair Credit Reporting Act (15 U.S.C. 1681v), as amended by subsection (d), is amended by adding at the end the following:
Use of Information
Any information acquired from a request pursuant to this section concerning any United States person may be used and disclosed by Federal officers and employees, a State, or a political subdivision of a State without the consent of the United States person only in accordance with the procedures established under section 625(p).
.
Definitions
Financial record requests
Section 1101 of the Right to Financial Privacy Act of 1978 (12 U.S.C. 3401) is amended—
in paragraph (7), by striking
and
at the end;
in paragraph (8), by striking
the period and inserting ; and
; and
by adding at the end the following:
the term agent of a foreign power has the meaning given such term by section 101(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b));
the term aggrieved person means any person whose financial records are produced, disclosed, or otherwise made public without the consent of such person; and
the term foreign power has the meaning given such term by section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)).
.
Consumer report requests
Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following:
Agent of a foreign power
The term agent of a foreign power has the meaning given such term by section 101(b) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)).
Aggrieved person
The term aggrieved person means any consumer or person whose consumer report is produced, disclosed, or otherwise made public without the consent of such consumer or person.
Foreign power
The term foreign power has the meaning given such term by section 101(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(a)).
.
Privacy protections for pen registers and trap and trace devices
Criminal authority
Application for an order
Section 3122(b)(2) of title
18, United States Code, is amended by striking a certification by the
applicant
and inserting a statement by the applicant of specific
and articulable facts showing there is reason to believe
.
Issuance of an order
Section 3123(a) of title 18, United States Code, is amended—
in paragraph (1), by striking
the attorney for the Government has certified to the court that the
information likely to be obtained by such installation and use is relevant to
an ongoing criminal investigation.
and inserting the application
meets the requirements of section 3122.
; and
in paragraph (2), by striking
the State law enforcement or investigative officer
and all that
follows and inserting the application meets the requirements of section
3122.
.
Reporting
Section 3126 of title 18, United States Code, is amended—
in the matter preceding
paragraph (1), by striking law enforcement agencies of the Department of
Justice
and inserting attorneys for the
Government
;
in paragraph (4), by striking
and
at the end;
in paragraph (5), by striking
the period and inserting ; and
;
in the matter preceding
paragraph (1), by striking The Attorney General
and inserting
the following:
Report to Congress
The Attorney General
; and
by adding at the end the following:
whether the application for the order and the applications for any extensions were granted as applied for, modified, or denied;
the specific types of dialing, routing, addressing, or signaling information sought in the application and obtained with the order; and
a summary of any litigation to which the Government is or was a party regarding the interpretation of the provisions of this chapter.
Public report
The Attorney General shall annually make public a full and complete report concerning the number of applications for pen register orders and orders for trap and trace devices applied for pursuant to this chapter and the number of such orders and extensions of such orders granted or denied pursuant to this chapter during the preceding calendar year. Such report shall include a summary and analysis of the data required to be reported to Congress under subsection (a).
.
Notice
Section 3123 of title 18, United States Code, is amended by adding at the end the following:
Notice
Inventory
A court that receives an application for an order or extension under section 3122(a) shall cause to be served on the persons named in the application, and such other parties to communications as the court determines should receive notice in the interest of justice, an inventory, including—
the fact of the application for an order or extension under section 3122(a) and whether the court granted or denied such application; and
if the order or extension was granted—
the date of the entry of such order or extension and the period of authorized, approved, or disapproved use of the pen register or trap and trace device;
whether a pen register or trap and trace device was installed or used during the period authorized; and
the specific types of dialing, routing, addressing, or signaling information sought in the application and collected by the pen register or trap and trace device.
Timing
The court shall serve notice under paragraph (1) within a reasonable time, but not later than 90 days after—
the filing of the application for an order or extension under section 3122(a) that is denied; or
the termination of the period of an order, or extensions thereof, that is granted.
Delay
The court may issue an ex parte order postponing the service of the inventory required under paragraph (1) upon a showing of good cause by an attorney for the Government.
Inspection
Upon the filing of a motion, the court may make available for inspection by a person served under paragraph (1), or counsel for such person, such portions of the collected communications, applications, and orders as the court determines to be in the interest of justice.
.
Foreign intelligence authority
Section 402(c)(2) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1842(c)(2)) is amended
by striking a certification by the applicant
and inserting
a statement by the applicant of specific and articulable facts showing
there is reason to believe
.
Modification of definition of domestic terrorism
Section 2331(5) of title 18, United States Code, is amended—
by striking subparagraphs (A) and (B) and inserting the following:
involve acts dangerous to human life that constitute a Federal crime of terrorism (as that term is defined in section 2332b(g)(5)); and
; and
by redesignating subparagraph (C) as subparagraph (B).
Public reporting on the foreign intelligence surveillance act of 1978
In general
Section 601(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)) is amended in the matter preceding paragraph (1)—
by striking , in a
manner consistent with the protection of national security,
; and
by inserting
public
before report
.
Redaction
Section 601(a)(5) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1871(a)(5)) is amended
by inserting , which may be redacted in order to protect national
security
after that include significant construction or
interpretation of the provisions of this Act
.