I 

109TH CONGRESS 

1ST SESSION H. R. 2715

To establish reasonable procedural protections for the use of national security 

letters, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2005

Mr. NADLER (for himself and Mr. FLAKE) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL

To establish reasonable procedural protections for the use 

of national security letters, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Self-Authorized 

5 Secret Searches Act’’. 

6 SEC. 2. PROCEDURAL PROTECTIONS FOR NATIONAL SECU7 RITY LETTERS. 

8 (a) STANDARD.—
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1 (1) TITLE 18.—Section 2709(b) of title 18, 

2 United States Code, is amended—

3 (A) in paragraph (1), by inserting ‘‘and 

4 there are specific and articulable facts giving 

5 reason to believe that the name, address, length 

6 of service, and toll billing records sought per7 tain to a foreign power or agent of a foreign 

8 power’’ after ‘‘clandestine intelligence activi9 ties’’; and 

10 (B) in paragraph (2), by striking ‘‘, pro11 vided that such an investigation’’ and all that 

12 follows and inserting ‘‘and there are specific 

13 and articulable facts giving reason to believe 

14 that communications facilities registered in the 

15 name of the person or entity have been used, 

16 through the services of such provider, in com17 munication with—

18 ‘‘(A) an individual who is engaging or has 

19 engaged in international terrorism or clandes20 tine intelligence activities that involve or may 

21 involve a violation of the criminal statutes of 

22 the United States; or 

23 ‘‘(B) a foreign power or an agent of a for24 eign power, 
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1 subject to the requirement that such investigation of 

2 a United States person may not be conducted solely 

3 upon the basis of activities protected by the first 

4 amendment to the Constitution of the United 

5 States.’’. 

6 (2) FINANCIAL INSTITUTIONS.—Section 

7 1114(a)(5)(A) of the Right to Financial Privacy Act 

8 of 1978 (12 U.S.C. 3414(a)(5)(A)) is amended by 

9 inserting ‘‘and there are specific and articulable 

10 facts giving reason to believe that the records sought 

11 pertain to a foreign power or agent of a foreign 

12 power’’ after ‘‘clandestine intelligence activities’’. 

13 (3) CONSUMER REPORTING AGENCY.—

14 (A) IN GENERAL.—Section 626 of the Fair 

15 Credit Reporting Act (15 U.S.C. 1681u) is 

16 amended—

17 (i) in the second sentence of sub18 section (a), by inserting ‘‘and there are 

19 specific and articulable facts giving reason 

20 to believe that the information sought per21 tains to a foreign power or agent of a for22 eign power’’ after ‘‘clandestine intelligence 

23 activities’’; 

24 (ii) in the second sentence of sub25 section (b), by inserting ‘‘and there are 
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1 specific and articulable facts giving reason 

2 to believe that the consumer is a foreign 

3 power or an agent of a foreign power or 

4 has been, or is about to be, in contact with 

5 a foreign power or an agent of a foreign 

6 power’’ after ‘‘clandestine intelligence ac7 tivities’’; and 

8 (iii) in the first sentence of subsection 

9 (c), by inserting ‘‘and there are specific 

10 and articulable facts giving reason to be11 lieve that the consumer report sought per12 tains to a foreign power or agent of a for13 eign power’’ after ‘‘clandestine intelligence 

14 activities’’. 

15 (B) GOVERNMENT AGENCIES.—Section 

16 627(a) of the Fair Credit Reporting Act (15 

17 U.S.C. 1681v(a)) is amended by inserting ‘‘and 

18 there are specific and articulable facts giving 

19 reason to believe that the information sought 

20 pertains to a foreign power or agent of a for21 eign power’’ after ‘‘necessary for the agency’s 

22 conduct or such investigation, activity or anal23 ysis’’. 

24 (b) REQUIREMENTS.—
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1 (1) Section 2709(b) of title 18, United States 

2 Code, as amended by subsection (a)(1) is amended—

3 (A) by redesignating paragraphs (1) and 

4 (2) as subparagraphs (A) and (B), respectively; 

5 (B) by striking ‘‘The Director of the Fed6 eral Bureau of Investigation’’ and inserting the 

7 following: 

8 ‘‘(1) IN GENERAL.—The Director of the Fed9 eral Bureau of Investigation’’; and 

10 (C) by adding after paragraph (1), as 

11 amended by subparagraph (B), the following 

12 new paragraph: 

13 ‘‘(2) LIMITATION.—A request under this subsection 

14 shall not—

15 ‘‘(A) contain any requirement which would be 

16 held to be unreasonable if contained in a subpoena 

17 duces tecum issued by a court of the United States 

18 in aid of a grand jury investigation of espionage or 

19 international terrorism; or 

20 ‘‘(B) require the production of any documen21 tary evidence which would be privileged from disclo22 sure if demanded by a subpoena duces tecum issued 

23 by a court of the United States in aid of a grand 

24 jury investigation of espionage or international ter25 rorism. 
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1 ‘‘(3) NOTICE.—A request under this subsection shall 

2 provide notice of the recipient’s right to file a petition 

3 under subsection (e) and explain the procedures for doing 

4 so.’’. 

5 (2) REQUEST FOR INFORMATION FROM FINAN6 CIAL INSTITUTIONS.—Section 1114(a)(5)(A) of the 

7 Right to Financial Privacy Act of 1978 (12 U.S.C. 

8 3414(a)(5)(A)), as amended by subsection (a)(2), is 

9 amended—

10 (A) by striking ‘‘(5)(A) Financial institu11 tions’’ and inserting ‘‘(5) REQUEST FOR FINAN12 CIAL RECORDS.—

13 ‘‘(A) COMPLIANCE.—

14 ‘‘(i) IN GENERAL.—Financial institu15 tions’’; and 

16 (B) by inserting after clause (i) (as so re17 designated by subparagraph (A) of this para18 graph) the following new clauses: 

19 ‘‘(ii) LIMITATION.—A request under 

20 this subsection shall not—

21 ‘‘(I) contain any requirement 

22 which would be held to be unreason23 able if contained in a subpoena duces 

24 tecum issued by a court of the United 

25 States in aid of a grand jury inves-
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1 tigation of espionage or international 

2 terrorism; or 

3 ‘‘(II) require the production of 

4 any documentary evidence which 

5 would be privileged from disclosure if 

6 demanded by a subpoena duces tecum 

7 issued by a court of the United States 

8 in aid of a grand jury investigation of 

9 espionage or international terrorism. 

10 ‘‘(iii) NOTICE OF RIGHTS.—A request 

11 under this subsection shall provide notice 

12 of the recipient’s right to file a petition 

13 under subparagraph (E) of this paragraph 

14 and explain the procedures for doing so.’’. 

15 (3) REQUEST FOR INFORMATION FROM CON16 SUMER REPORTING AGENCIES.—Section 626 of the 

17 Fair Credit Reporting Act (15 U.S.C. 1681u) is 

18 amended by adding at the end the following new 

19 subsection: 

20 ‘‘(n) LIMITATION.—

21 ‘‘(1) IN GENERAL.—A request under this sec22 tion shall not—

23 ‘‘(A) contain any requirement which would 

24 be held to be unreasonable if contained in a 

25 subpoena duces tecum issued by a court of the 
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1 United States in aid of a grand jury investiga2 tion of espionage or international terrorism; or 

3 ‘‘(B) require the production of any docu4 mentary evidence which would be privileged 

5 from disclosure if demanded by a subpoena 

6 duces tecum issued by a court of the United 

7 States in aid of a grand jury investigation of es8 pionage or international terrorism. 

9 ‘‘(2) NOTICE OF RIGHTS.—A request under this 

10 section shall provide notice of the recipient’s right to 

11 file a petition under subsection (o) and explain the 

12 procedures for doing so.’’. 

13 (4) REQUEST FOR INFORMATION FROM CON14 SUMER REPORTING AGENCIES BY GOVERNMENTAL

15 AGENCIES.—Section 627(b) of the Fair Credit Re16 porting Act (15 U.S.C. 1681v(b)) is amended—

17 (A) by striking ‘‘FORM OF CERTIFI18 CATION.—The certification described’’ and in19 serting ; and ‘‘FORM OF CERTIFICATION.— 

20 ‘‘(1) IN GENERAL.—The certification de21 scribed’’; and 

22 (B) by inserting after paragraph (1) (as so 

23 redesignated by subparagraph (A) of this para24 graph) the following new paragraphs: 
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1 ‘‘(2) LIMITATION.—A request under this sub2 section shall not—

3 ‘‘(A) contain any requirement which would 

4 be held to be unreasonable if contained in a 

5 subpoena duces tecum issued by a court of the 

6 United States in aid of a grand jury investiga7 tion of espionage or international terrorism; or 

8 ‘‘(B) require the production of any docu9 mentary evidence which would be privileged 

10 from disclosure if demanded by a subpoena 

11 duces tecum issued by a court of the United 

12 States in aid of a grand jury investigation of es13 pionage or international terrorism. 

14 ‘‘(3) NOTICE OF RIGHTS.—A request under this 

15 subsection must provide notice of the recipient’s 

16 right to file a petition under subsection (f) and ex17 plain the procedures for doing so.’’. 

18 (c) NONDISCLOSURE.—

19 (1) IN GENERAL.—Section 2709(c) of title 18, 

20 United States Code, is amended to read as follows: 

21 ‘‘(c) PROHIBITION OF CERTAIN DISCLOSURE.—

22 ‘‘(1) IN GENERAL.—No wire or electronic com23 munication service provider, or officer, employee, or 

24 agent thereof, shall disclose to any person that the 

25 Federal Bureau of Investigation has sought or ob-
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1 tained access to information or records under this 

2 section for 90 days after receipt of such request 

3 from the Bureau. 

4 ‘‘(2) EXCEPTION.—A wire or electronic commu5 nication service provider, or officer, employee, or 

6 agent thereof, who receives an order under this sub7 section may disclose that the Federal Bureau of In8 vestigation has sought or obtained access to infor9 mation or records under this section to—

10 ‘‘(A) those persons to whom disclosure is 

11 necessary in order to comply with an order 

12 under this section; or 

13 ‘‘(B) an attorney in order to obtain legal 

14 advice regarding such order. 

15 ‘‘(3) EXTENSION.—The Director of the Federal 

16 Bureau of Investigation, or the Director’s designee 

17 in a position not lower than Deputy Assistant Direc18 tor at Bureau headquarters or a Special Agent in 

19 Charge of a Bureau field office designated by the 

20 Director, may apply for an order prohibiting disclo21 sure that the Federal Bureau of Investigation has 

22 sought or obtained access to information or records 

23 under this section for an additional 180 days. 

24 ‘‘(4) JURISDICTION.—An application for an 

25 order pursuant to this subsection shall be filed in 
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1 the district court of the United States in any district 

2 within which the authorized investigation that is the 

3 basis for a request pursuant to this section is being 

4 conducted. 

5 ‘‘(5) APPLICATION CONTENTS.—An application 

6 for an order pursuant to this subsection must state 

7 specific and articulable facts giving the applicant 

8 reason to believe that disclosure that the Federal 

9 Bureau of Investigation has sought or obtained ac10 cess to information or records under this section will 

11 result in—

12 ‘‘(A) endangering the life or physical safety 

13 of any person; 

14 ‘‘(B) flight from prosecution; 

15 ‘‘(C) destruction of or tampering with evi16 dence; 

17 ‘‘(D) intimidation of potential witnesses; or 

18 ‘‘(E) otherwise seriously endangering the 

19 national security of the United States by alert20 ing a target, a target’s associates, or the for21 eign power of which the target is an agent, of 

22 the Government’s interest in the target. 

23 ‘‘(6) STANDARD.—The court may issue an ex 

24 parte order pursuant to this subsection if the court 

25 determines there is reason to believe that disclosure 
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1 that the Federal Bureau of Investigation has sought 

2 or obtained access to information or records under 

3 this section will result in—

4 ‘‘(A) endangering the life or physical safety 

5 of any person; 

6 ‘‘(B) flight from prosecution; 

7 ‘‘(C) destruction of or tampering with evi8 dence; 

9 ‘‘(D) intimidation of potential witnesses; or 

10 ‘‘(E) otherwise seriously endangering the 

11 national security of the United States by alert12 ing a target, a target’s associates, or the for13 eign power of which the target is an agent, of 

14 the Government’s interest in the target. 

15 ‘‘(7) RENEWAL.—An order under this sub16 section may be renewed for additional periods of up 

17 to 180 days upon another application meeting the 

18 requirements of paragraph (5) and a determination 

19 by the court that the circumstances described in 

20 paragraph (6) continue to exist.’’. 

21 (2) FINANCIAL INSTITUTIONS.—Section 

22 1114(a)(5)(D) of the Right to Financial Privacy Act 

23 of 1978 (12 U.S.C. 3414(a)(5)(D)) is amended to 

24 read as follows: 

25 ‘‘(D) NONDISCLOSURE.—
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1 ‘‘(i) IN GENERAL.—No financial insti2 tution, or officer, employee, or agent of 

3 such institution, shall disclose to any per4 son that the Federal Bureau of Investiga5 tion has sought or obtained access to a 

6 customer’s or entity’s financial records 

7 under this paragraph for 90 days after re8 ceipt of such request from the Bureau. 

9 ‘‘(ii) EXCEPTION.—A financial institu10 tion, or officer, employee, or agent of such 

11 institution, who receives an order under 

12 this subparagraph may disclose that the 

13 Federal Bureau of Investigation has 

14 sought or obtained access to a customer’s 

15 or entity’s financial records to—

16 ‘‘(I) those persons to whom dis17 closure is necessary in order to comply 

18 with a request under this subpara19 graph; or 

20 ‘‘(II) an attorney in order to ob21 tain legal advice regarding such re22 quest. 

23 ‘‘(iii) EXTENSION.—The Director of 

24 the Federal Bureau of Investigation, or the 

25 Director’s designee in a position not lower 
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1 than Deputy Assistant Director at Bureau 

2 headquarters or a Special Agent in Charge 

3 of a Bureau field office designated by the 

4 Director, may apply for an order prohib5 iting disclosure that the Federal Bureau of 

6 Investigation has sought or obtained access 

7 to a customer’s or entity’s financial records 

8 under this paragraph for an additional 180 

9 days. 

10 ‘‘(iv) JURISDICTION.—An application 

11 for an order pursuant to this subsection 

12 shall be filed in the district court of the 

13 United States in any district within which 

14 the authorized investigation that is the 

15 basis for a request pursuant to this para16 graph is being conducted. 

17 ‘‘(v) APPLICATION CONTENTS.—An 

18 application for an order pursuant to this 

19 subparagraph must state specific and 

20 articulable facts giving the applicant rea21 son to believe that disclosure that the Fed22 eral Bureau of Investigation has sought or 

23 obtained access to a customer’s or entity’s 

24 financial records under this paragraph will 

25 result in—
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1 ‘‘(I) endangering the life or phys2 ical safety of any person; 

3 ‘‘(II) flight from prosecution; 

4 ‘‘(III) destruction of or tam5 pering with evidence; 

6 ‘‘(IV) intimidation of potential 

7 witnesses; or 

8 ‘‘(V) otherwise seriously endan9 gering the national security of the 

10 United States by alerting a target, a 

11 target’s associates, or the foreign 

12 power of which the target is an agent, 

13 of the Government’s interest in the 

14 target. 

15 ‘‘(vi) STANDARD.—The court may 

16 issue an ex parte order pursuant to this 

17 subparagraph if the court determines there 

18 is reason to believe that disclosure that the 

19 Federal Bureau of Investigation has 

20 sought or obtained access to a customer’s 

21 or entity’s financial records under this 

22 paragraph will result in—

23 ‘‘(I) endangering the life or phys24 ical safety of any person; 

25 ‘‘(II) flight from prosecution; 
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1 ‘‘(III) destruction of or tam2 pering with evidence; 

3 ‘‘(IV) intimidation of potential 

4 witnesses; or 

5 ‘‘(V) otherwise seriously endan6 gering the national security of the 

7 United States by alerting a target, a 

8 target’s associates, or the foreign 

9 power of which the target is an agent, 

10 of the Government’s interest in the 

11 target. 

12 ‘‘(vii) RENEWAL.—An order under 

13 this subparagraph may be renewed for ad14 ditional periods of up to 180 days upon an15 other application meeting the requirements 

16 of clause (v) and a determination by the 

17 court that the circumstances described in 

18 clause (vi) of this subparagraph continue 

19 to exist.’’. 

20 (3) CONSUMER REPORTING AGENCIES.—Section 

21 626(d) of the Fair Credit Reporting Act (15 U.S.C. 

22 1681u(d)) is amended to read as follows: 

23 ‘‘(d) CONFIDENTIALITY.—

24 ‘‘(1) IN GENERAL.—No consumer reporting 

25 agency, or officer, employee, or agent of a consumer 
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1 reporting agency, shall disclose to any person that 

2 the Federal Bureau of Investigation has sought or 

3 obtained the identity of financial institutions or a 

4 consumer report respecting any consumer under 

5 subsection (a), (b), or (c) for 90 days after receipt 

6 of a request or order under this section, and no con7 sumer reporting agency, or officer, employee, or 

8 agent of a consumer reporting agency, shall include 

9 in any consumer report any information that would 

10 indicate that the Federal Bureau of Investigation 

11 has sought or obtained such information or a con12 sumer report. 

13 ‘‘(2) EXCEPTION.—A consumer reporting agen14 cy or officer, employee, or agent of a consumer re15 porting agency who receives an order under this sub16 section may disclose that the Federal Bureau of In17 vestigation has sought or obtained the identity of fi18 nancial institutions or a consumer report respecting 

19 any consumer to—

20 ‘‘(A) those officers, employees, or agents of 

21 a consumer reporting agency necessary to fulfill 

22 the requirement to disclose information to the 

23 Federal Bureau of Investigation under this sec24 tion; or 
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1 ‘‘(B) an attorney in order to obtain legal 

2 advice regarding such requirement. 

3 ‘‘(3) EXTENSION.—The Director of the Federal 

4 Bureau of Investigation, or the Director’s designee 

5 in a position not lower than Deputy Assistant Direc6 tor at Bureau headquarters or a Special Agent in 

7 Charge of a Bureau field office designated by the 

8 Director, may apply for an order prohibiting disclo9 sure that the Federal Bureau of Investigation has 

10 sought or obtained access to information or records 

11 under subsection (a), (b), or (c) for an additional 

12 180 days. 

13 ‘‘(4) JURISDICTION.—An application for an 

14 order pursuant to this subsection shall be filed in 

15 the district court of the United States in any district 

16 within which the authorized investigation that is the 

17 basis for a request or order pursuant to this section 

18 is being conducted. 

19 ‘‘(5) APPLICATION CONTENTS.—An application 

20 for an order pursuant to this subsection must state 

21 specific and articulable facts giving the applicant 

22 reason to believe that disclosure that the Federal 

23 Bureau of Investigation has sought or obtained the 

24 identity of financial institutions or a consumer re-
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1 port respecting any consumer under subsection (a), 

2 (b), or (c) will result in—

3 ‘‘(A) endangering the life or physical safety 

4 of any person; 

5 ‘‘(B) flight from prosecution; 

6 ‘‘(C) destruction of or tampering with evi7 dence; 

8 ‘‘(D) intimidation of potential witnesses; or 

9 ‘‘(E) otherwise seriously endangering the 

10 national security of the United States by alert11 ing a target, a target’s associates, or the for12 eign power of which the target is an agent, of 

13 the Government’s interest in the target. 

14 ‘‘(6) STANDARD.—The court may issue an ex 

15 parte order pursuant to this subsection if the court 

16 determines there is reason to believe that disclosure 

17 that the Federal Bureau of Investigation has sought 

18 or obtained the identity of financial institutions or a 

19 consumer report respecting any consumer under 

20 subsection (a), (b), or (c) will result in—

21 ‘‘(A) endangering the life or physical safety 

22 of any person; 

23 ‘‘(B) flight from prosecution; 

24 ‘‘(C) destruction of or tampering with evi25 dence; 
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1 ‘‘(D) intimidation of potential witnesses; or 

2 ‘‘(E) otherwise seriously endangering the 

3 national security of the United States by alert4 ing a target, a target’s associates, or the for5 eign power of which the target is an agent, of 

6 the Government’s interest in the target. 

7 ‘‘(7) RENEWAL.—An order under this sub8 section may be renewed for additional periods of up 

9 to 180 days upon another application meeting the 

10 requirements of paragraph (5) and a determination 

11 by the court that the circumstances described in 

12 paragraph (6) continue to exist.’’. 

13 (4) CONSUMER REPORTING AGENCIES REPORT14 ING TO GOVERNMENTAL AGENCIES.—Section 627(c) 

15 of the Fair Credit Reporting Act (15 U.S.C. 

16 1681v(c)) is amended to read as follows: 

17 ‘‘(c) CONFIDENTIALITY.—

18 ‘‘(1) IN GENERAL.—No consumer reporting 

19 agency, or officer, employee, or agent of a consumer 

20 reporting agency, shall disclose to any person or 

21 specify in any credit report that a government agen22 cy has sought or obtained access to information 

23 under subsection (a) for 90 days after receipt of the 

24 request for such information. 
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1 ‘‘(2) EXCEPTION.—A consumer reporting agen2 cy, or officer, employee, or agent of a consumer re3 porting agency, may disclose that a government 

4 agency has sought or obtained access to information 

5 under subsection (a) to—

6 ‘‘(A) those officers, employees, or agents of 

7 a consumer reporting agency necessary to fulfill 

8 the requirement to disclose information to the 

9 Federal Bureau of Investigation under this sec10 tion; or 

11 ‘‘(B) an attorney in order to obtain legal 

12 advice regarding such requirement. 

13 ‘‘(3) EXTENSION.—The supervisory official or 

14 officer who signs a certification under subsection (b) 

15 may apply in any district court of the United States 

16 for an order prohibiting disclosure that a govern17 ment agency has sought or obtained access to infor18 mation under subsection (a) for an additional 180 

19 days. 

20 ‘‘(4) APPLICATION CONTENTS.—An application 

21 for an order pursuant to this subsection must state 

22 specific and articulable facts giving the applicant 

23 reason to believe that disclosure that a government 

24 agency has sought or obtained access to information 

25 under subsection (a) will result in—
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1 ‘‘(A) endangering the life or physical safety 

2 of any person; 

3 ‘‘(B) flight from prosecution; 

4 ‘‘(C) destruction of or tampering with evi5 dence; 

6 ‘‘(D) intimidation of potential witnesses; or 

7 ‘‘(E) otherwise seriously endangering the 

8 national security of the United States by alert9 ing a target, a target’s associates, or the for10 eign power of which the target is an agent, of 

11 the Government’s interest in the target. 

12 ‘‘(5) STANDARD.—The court may issue an ex 

13 parte order pursuant to this subsection if the court 

14 determines there is reason to believe that disclosure 

15 that a government agency has sought or obtained 

16 access to information under subsection (a) will result 

17 in—

18 ‘‘(A) endangering the life or physical safety 

19 of any person; 

20 ‘‘(B) flight from prosecution; 

21 ‘‘(C) destruction of or tampering with evi22 dence; 

23 ‘‘(D) intimidation of potential witnesses; or 

24 ‘‘(E) otherwise seriously endangering the 

25 national security of the United States by alert-
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1 ing a target, a target’s associates, or the for2 eign power of which the target is an agent, of 

3 the Government’s interest in the target. 

4 ‘‘(6) RENEWAL.—An order under this sub5 section may be renewed for additional periods of up 

6 to 180 days upon another application meeting the 

7 requirements of paragraph (4) and a determination 

8 by the court that the circumstances described in 

9 paragraph (5) continue to exist.’’. 

10 (d) JUDICIAL REVIEW.—

11 (1) IN GENERAL.—Section 2709 of title 18, 

12 United States Code, is amended by—

13 (A) redesignating subsection (e) as sub14 section (g); and 

15 (B) inserting after subsection (d) the fol16 lowing: 

17 ‘‘(e) JUDICIAL REVIEW.—

18 ‘‘(1) REQUEST.—Not later than 20 days after 

19 any person receives a request pursuant to subsection 

20 (b), or at any time before the return date specified 

21 in the request, whichever period is shorter, such per22 son may file, in the district court of the United 

23 States for the judicial district within which such per24 son resides, is found, or transacts business, a peti25 tion for such court to modify or set aside such re-
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1 quest. The time allowed for compliance with the re2 quest in whole or in part as deemed proper and or3 dered by the court shall not run during the pendency 

4 of such petition in the court. Such petition shall 

5 specify each ground upon which the petitioner relies 

6 in seeking relief, and may be based upon any failure 

7 of such request to comply with the provisions of this 

8 section or upon any constitutional or other legal 

9 right or privilege of such person. 

10 ‘‘(2) NONDISCLOSURE.—

11 ‘‘(A) IN GENERAL.—A person prohibited 

12 from disclosing information under subsection 

13 (c) may file, in the district court of the United 

14 States for the judicial district within which such 

15 person resides, is found, or transacts business, 

16 a petition for the court to set aside the non17 disclosure requirement. Such petition shall 

18 specify each ground upon which the petitioner 

19 relies in seeking relief, and may be based upon 

20 any failure of the nondisclosure requirement to 

21 comply with the provisions of this section or 

22 upon any constitutional or other legal right or 

23 privilege of such person. 

24 ‘‘(B) STANDARD.—The court shall set 

25 aside the nondisclosure requirement unless the 
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1 court determines that there is a reason to be2 lieve that disclosure of the request under sub3 section (b) will result in—

4 ‘‘(i) endangering the life or physical 

5 safety of any person; 

6 ‘‘(ii) flight from prosecution; 

7 ‘‘(iii) destruction of or tampering with 

8 evidence; 

9 ‘‘(iv) intimidation of potential wit10 nesses; or 

11 ‘‘(v) otherwise seriously endangering 

12 the national security of the United States 

13 by alerting a target, a target’s associates, 

14 or the foreign power of which the target is 

15 an agent, of the Government’s interest in 

16 the target. 

17 ‘‘(3) DISCLOSURE.—In making determinations 

18 under this subsection, the court shall disclose to the 

19 petitioner, the counsel of the petitioner, or both, 

20 under the procedures and standards provided in the 

21 Classified Information Procedures Act (18 U.S.C. 

22 App.), portions of the application, order, or other re23 lated materials unless the court finds that such dis24 closure would not assist in determining any legal or 

25 factual issue pertinent to the case.’’. 
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1 (2) FINANCIAL RECORD REQUESTS.—Section 

2 1114(a)(5) of the Right to Financial Privacy Act of 

3 1978 (12 U.S.C. 3414(a)(5)) is amended by insert4 ing after subparagraph (D) (as amended by sub5 section (c)(2) of this section) the following new sub6 paragraph: 

7 ‘‘(E) JUDICIAL REVIEW.—

8 ‘‘(i) IN GENERAL.—Not later than 20 

9 days after any person receives a request 

10 pursuant to subparagraph (A), or at any 

11 time before the return date specified in the 

12 request, whichever period is shorter, such 

13 person may file, in the district court of the 

14 United States for the judicial district with15 in which such person resides, is found, or 

16 transacts business, a petition for the court 

17 to modify or set aside the request. The 

18 time allowed for compliance with the re19 quest in whole or in part as deemed proper 

20 and ordered by the court shall not run dur21 ing the pendency of the petition in the 

22 court. The petition shall specify each 

23 ground upon which the petitioner relies in 

24 seeking relief, and may be based upon any 

25 failure of the request to comply with the 
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1 provisions of this paragraph or upon any 

2 constitutional or other legal right or privi3 lege of the petitioner. 

4 ‘‘(ii) NONDISCLOSURE.—

5 ‘‘(I) IN GENERAL.—A person 

6 prohibited from disclosing information 

7 under subparagraph (D) may file, in 

8 the district court of the United States 

9 for the judicial district within which 

10 the recipient resides, is found, or 

11 transacts business, a petition for the 

12 court to set aside the nondisclosure 

13 requirement. The petition shall specify 

14 each ground upon which the petitioner 

15 relies in seeking the relief, and may be 

16 based upon any failure of the non17 disclosure requirement to comply with 

18 the provisions of this section or upon 

19 any constitutional or other legal right 

20 or privilege of the petitioner. 

21 ‘‘(II) STANDARD.—The court 

22 shall set aside the nondisclosure re23 quirement unless the court determines 

24 that there is a reason to believe that 
28

•HR 2715 IH 

1 disclosure of the request under sub2 paragraph (A) will result in—

3 ‘‘(aa) endangering the life or 

4 physical safety of any person; 

5 ‘‘(bb) flight from prosecu6 tion; 

7 ‘‘(cc) destruction of or tam8 pering with evidence; 

9 ‘‘(dd) intimidation of poten10 tial witnesses; or 

11 ‘‘(ee) otherwise seriously en12 dangering the national security of 

13 the United States by alerting a 

14 target, a target’s associates, or 

15 the foreign power of which the 

16 target is an agent, of the Govern17 ment’s interest in the target. 

18 ‘‘(iii) DISCLOSURE.—In making deter19 minations under this subparagraph, the 

20 court shall disclose to the petitioner, the 

21 counsel of the petitioner, or both, under 

22 the procedures and standards provided in 

23 the Classified Information Procedures Act 

24 (18 U.S.C. App.), portions of the applica25 tion, order, or other related materials un-
29

•HR 2715 IH 

1 less the court finds that such disclosure 

2 would not assist in determining any legal 

3 or factual issue pertinent to the case.’’. 

4 (3) CONSUMER REPORT REQUESTS.—Section 

5 626 of the Fair Credit Reporting Act (15 U.S.C. 

6 1681u) is amended by after subsection (n) (as added 

7 by subsection (b)(3) of this section) the following 

8 new subsection: 

9 ‘‘(o) JUDICIAL REVIEW.—

10 ‘‘(1) IN GENERAL.—Not later than 20 days 

11 after any person receives a request or order pursu12 ant to subsection (a), (b), or (c), or at any time be13 fore the return date specified in the request or 

14 order, whichever period is shorter, such person may 

15 file, in the district court of the United States for the 

16 judicial district within which such person resides, is 

17 found, or transacts business, a petition for the court 

18 to modify or set aside the request or order. The time 

19 allowed for compliance with the request or order in 

20 whole or in part as deemed proper and ordered by 

21 the court shall not run during the pendency of the 

22 petition in the court. The petition shall specify each 

23 ground upon which the petitioner relies in seeking 

24 the relief, and may be based upon any failure of the 

25 request or order to comply with the provisions of 
30

•HR 2715 IH 

1 this section or upon any constitutional or other legal 

2 right or privilege of the petitioner. 

3 ‘‘(2) NONDISCLOSURE.—

4 ‘‘(A) IN GENERAL.—A person prohibited 

5 from disclosing information under subsection 

6 (d) may file, in the district court of the United 

7 States for the judicial district within which the 

8 recipient resides, is found, or transacts busi9 ness, a petition for the court to set aside the 

10 nondisclosure requirement. The petition shall 

11 specify each ground upon which the petitioner 

12 relies in seeking the relief, and may be based 

13 upon any failure of the nondisclosure require14 ment to comply with the provisions of this sec15 tion or upon any constitutional or other legal 

16 right or privilege of the petitioner. 

17 ‘‘(B) STANDARD.—The court shall set 

18 aside the nondisclosure requirement unless the 

19 court determines that there is a reason to be20 lieve that disclosure of request or order under 

21 subsection (a), (b), or (c) will result in—

22 ‘‘(i) endangering the life or physical 

23 safety of any person; 

24 ‘‘(ii) flight from prosecution; 
31

•HR 2715 IH 

1 ‘‘(iii) destruction of or tampering with 

2 evidence; 

3 ‘‘(iv) intimidation of potential wit4 nesses; or 

5 ‘‘(v) otherwise seriously endangering 

6 the national security of the United States 

7 by alerting a target, a target’s associates, 

8 or the foreign power of which the target is 

9 an agent, of the Government’s interest in 

10 the target. 

11 ‘‘(3) DISCLOSURE.—In making determinations 

12 under this subsection, the court shall disclose to the 

13 petitioner, the counsel of the petitioner, or both, 

14 under the procedures and standards provided in the 

15 Classified Information Procedures Act (18 U.S.C. 

16 App.), portions of the application, order, or other re17 lated materials unless the court finds that such dis18 closure would not assist in determining any legal or 

19 factual issue pertinent to the case.’’. 

20 (4) CONSUMER REPORT REQUESTS BY GOVERN21 MENTAL AGENCIES.—Section 627 of the Fair Credit 

22 Reporting Act (15 U.S.C. 1681v) is amended by 

23 adding at the end the following new subsection: 

24 ‘‘(f) JUDICIAL REVIEW.—
32

•HR 2715 IH 

1 ‘‘(1) IN GENERAL.—Not later than 20 days 

2 after any person receives a request pursuant to sub3 section (a), or at any time before the return date 

4 specified in the request, whichever period is shorter, 

5 such person may file, in the district court of the 

6 United States for the judicial district within which 

7 such person resides, is found, or transacts business, 

8 a petition for the court to modify or set aside the 

9 request. The time allowed for compliance with the 

10 request in whole or in part as deemed proper and or11 dered by the court shall not run during the pendency 

12 of the petition in the court. The petition shall speci13 fy each ground upon which the petitioner relies in 

14 seeking the relief, and may be based upon any fail15 ure of the request to comply with the provisions of 

16 this section or upon any constitutional or other legal 

17 right or privilege of the petitioner. 

18 ‘‘(2) NONDISCLOSURE.—

19 ‘‘(A) IN GENERAL.—A person prohibited 

20 from disclosing information under subsection 

21 (c) may file, in the district court of the United 

22 States for the judicial district within which the 

23 recipient resides, is found, or transacts busi24 ness, a petition for the court to set aside the 

25 nondisclosure requirement. The petition shall 
33

•HR 2715 IH 

1 specify each ground upon which the petitioner 

2 relies in seeking the relief, and may be based 

3 upon any failure of the nondisclosure require4 ment to comply with the provisions of this sec5 tion or upon any constitutional or other legal 

6 right or privilege of the petitioner. 

7 ‘‘(B) STANDARD.—The court shall set 

8 aside the nondisclosure requirement unless the 

9 court determines that there is a reason to be10 lieve that disclosure of the request under sub11 section (a) will result in—

12 ‘‘(i) endangering the life or physical 

13 safety of any person; 

14 ‘‘(ii) flight from prosecution; 

15 ‘‘(iii) destruction of or tampering with 

16 evidence; 

17 ‘‘(iv) intimidation of potential wit18 nesses; or 

19 ‘‘(v) otherwise seriously endangering 

20 the national security of the United States 

21 by alerting a target, a target’s associates, 

22 or the foreign power of which the target is 

23 an agent, of the Government’s interest in 

24 the target. 
34

•HR 2715 IH 

1 ‘‘(3) DISCLOSURE.—In making determinations 

2 under this subsection, the court shall disclose to the 

3 petitioner, the counsel of the petitioner, or both, 

4 under the procedures and standards provided in the 

5 Classified Information Procedures Act (18 U.S.C. 

6 App.), portions of the application, order, or other re7 lated materials unless the court finds that such dis8 closure would not assist in determining any legal or 

9 factual issue pertinent to the case.’’. 

10 (e) USE OF INFORMATION.—

11 (1) IN GENERAL.—Section 2709 of title 18, 

12 United States Code, as amended by subsection (d), 

13 is amended by inserting after subsection (e) the fol14 lowing: 

15 ‘‘(f) USE OF INFORMATION.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) CONSENT.—Any information ac18 quired from a request pursuant to this section 

19 concerning any United States person may be 

20 used and disclosed by Federal officers and em21 ployees without the consent of the United 

22 States person only in accordance with the provi23 sions of this subsection. 

24 ‘‘(B) LAWFUL PURPOSE.—No information 

25 acquired from an order pursuant to this section 
35

•HR 2715 IH 

1 may be used or disclosed by Federal officers or 

2 employees except for lawful purposes. 

3 ‘‘(2) DISCLOSURE FOR LAW ENFORCEMENT

4 PURPOSES.—No information acquired pursuant to 

5 this section shall be disclosed for law enforcement 

6 purposes unless such disclosure is accompanied by a 

7 statement that such information, or any information 

8 derived therefrom, may only be used in a criminal 

9 proceeding with the advance authorization of the At10 torney General. 

11 ‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE

12 BY THE UNITED STATES.—Whenever the United 

13 States intends to enter into evidence or otherwise 

14 use or disclose in any trial, hearing, or other pro15 ceeding in or before any court, department, officer, 

16 agency, regulatory body, or other authority of the 

17 United States against an aggrieved person any infor18 mation obtained or derived from a request pursuant 

19 to this section, the United States shall, before the 

20 trial, hearing, or other proceeding or at a reasonable 

21 time before an effort to so disclose or so use this in22 formation or submit it in evidence, notify the ag23 grieved person and the court or other authority in 

24 which the information is to be disclosed or used that 
36

•HR 2715 IH 

1 the United States intends to so disclose or so use 

2 such information. 

3 ‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE

4 BY STATE OR POLITICAL SUBDIVISION.—Whenever 

5 any State or political subdivision thereof intends to 

6 enter into evidence or otherwise use or disclose in 

7 any trial, hearing, or other proceeding in or before 

8 any court, department, officer, agency, regulatory 

9 body, or other authority of the State or political sub10 division thereof against an aggrieved person any in11 formation obtained or derived from a request pursu12 ant to this section, the State or political subdivision 

13 thereof shall notify the aggrieved person, the court 

14 or other authority in which the information is to be 

15 disclosed or used, and the Attorney General that the 

16 State or political subdivision thereof intends to so 

17 disclose or so use such information. 

18 ‘‘(5) MOTION TO SUPPRESS.—

19 ‘‘(A) IN GENERAL.—Any aggrieved person 

20 against whom evidence obtained or derived from 

21 a request pursuant to this section is to be, or 

22 has been, introduced or otherwise used or dis23 closed in any trial, hearing, or other proceeding 

24 in or before any court, department, officer, 

25 agency, regulatory body, or other authority of 
37

•HR 2715 IH 

1 the United States, or a State or political sub2 division thereof, may move to suppress the evi3 dence obtained or derived from the request, as 

4 the case may be, on the grounds that—

5 ‘‘(i) the information was acquired in 

6 violation of the Constitution or laws of the 

7 United States; or 

8 ‘‘(ii) the request was not in con9 formity with the requirements of this sec10 tion. 

11 ‘‘(B) TIMING.—A motion under subpara12 graph (A) shall be made before the trial, hear13 ing, or other proceeding unless there was no op14 portunity to make such a motion or the ag15 grieved person concerned was not aware of the 

16 grounds of the motion. 

17 ‘‘(6) JUDICIAL REVIEW.—

18 ‘‘(A) IN GENERAL.—Whenever—

19 ‘‘(i) a court or other authority is noti20 fied pursuant to paragraph (3) or (4); 

21 ‘‘(ii) a motion is made pursuant to 

22 paragraph (5); or 

23 ‘‘(iii) any motion or request is made 

24 by an aggrieved person pursuant to any 

25 other statute or rule of the United States 
38

•HR 2715 IH 

1 or any State before any court or other au2 thority of the United States or any State 

3 to—

4 ‘‘(I) discover or obtain materials 

5 relating to a request issued pursuant 

6 to this section; or 

7 ‘‘(II) discover, obtain, or sup8 press evidence or information obtained 

9 or derived from a request issued pur10 suant to this section; 

11 the United States district court or, where the 

12 motion is made before another authority, the 

13 United States district court in the same district 

14 as the authority shall, notwithstanding any 

15 other provision of law and if the Attorney Gen16 eral files an affidavit under oath that disclosure 

17 would harm the national security of the United 

18 States, review in camera the materials as may 

19 be necessary to determine whether the request 

20 was lawful. 

21 ‘‘(B) DISCLOSURE.—In making a deter22 mination under subparagraph (A), unless the 

23 court finds that such disclosure would not assist 

24 in determining any legal or factual issue perti25 nent to the case, the court shall disclose to the 
39

•HR 2715 IH 

1 aggrieved person, the counsel of the aggrieved 

2 person, or both, under the procedures and 

3 standards provided in the Classified Informa4 tion Procedures Act (18 U.S.C. App.), portions 

5 of the application, order, or other related mate6 rials, or evidence or information obtained or de7 rived from the order. 

8 ‘‘(7) EFFECT OF DETERMINATION OF LAWFUL9 NESS.—

10 ‘‘(A) UNLAWFUL ORDERS.—If the United 

11 States district court determines pursuant to 

12 paragraph (6) that the request was not in com13 pliance with the Constitution or laws of the 

14 United States, the court may, in accordance 

15 with the requirements of law, suppress the evi16 dence which was unlawfully obtained or derived 

17 from the request or otherwise grant the motion 

18 of the aggrieved person. 

19 ‘‘(B) LAWFUL ORDERS.—If the court de20 termines that the request was lawful, it may 

21 deny the motion of the aggrieved person except 

22 to the extent that due process requires dis23 covery or disclosure. 

24 ‘‘(8) BINDING FINAL ORDERS.—Orders grant25 ing motions or requests under paragraph (6), deci-
40

•HR 2715 IH 

1 sions under this section that a request was not law2 ful, and orders of the United States district court 

3 requiring review or granting disclosure of applica4 tions, orders, or other related materials shall be final 

5 orders and binding upon all courts of the United 

6 States and the several States except a United States 

7 court of appeals or the Supreme Court. 

8 ‘‘(g) DEFINITIONS.—As used in this section—

9 ‘‘(1) the term ‘agent of a foreign power’ has the 

10 meaning given such term by section 101(b) of the 

11 Foreign Intelligence Surveillance Act of 1978 (50 

12 U.S.C. 1801(b)); 

13 ‘‘(2) the term ‘aggrieved person’ means a per14 son whose name, address, length of service, or local 

15 or long distance toll records were sought or obtained 

16 under this section; and 

17 ‘‘(3) the term ‘foreign power’ has the meaning 

18 given such term by section 101(a) of the Foreign In19 telligence Surveillance Act of 1978 (50 U.S.C. 

20 1801(a)).’’. 

21 (2) FINANCIAL RECORDS.—Section 1114 of the 

22 Right to Financial Privacy Act of 1978 (12 U.S.C. 

23 3414) is amended by inserting after subsection (b) 

24 the following new subsection: 

25 ‘‘(c) USE OF INFORMATION.—
41

•HR 2715 IH 

1 ‘‘(1) IN GENERAL.—

2 ‘‘(A) CONSENT.—Any information ac3 quired from a request pursuant to this section 

4 concerning any United States person may be 

5 used and disclosed by Federal officers and em6 ployees without the consent of the United 

7 States person only in accordance with the provi8 sions of this subsection. 

9 ‘‘(B) LAWFUL PURPOSE.—No information 

10 acquired from an order pursuant to this section 

11 may be used or disclosed by Federal officers or 

12 employees except for lawful purposes. 

13 ‘‘(2) DISCLOSURE FOR LAW ENFORCEMENT

14 PURPOSES.—No information acquired pursuant to 

15 this section shall be disclosed for law enforcement 

16 purposes unless the disclosure is accompanied by a 

17 statement that the information, or any information 

18 derived therefrom, may only be used in a criminal 

19 proceeding with the advance authorization of the At20 torney General. 

21 ‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE

22 BY THE UNITED STATES.—Whenever the United 

23 States intends to enter into evidence or otherwise 

24 use or disclose in any trial, hearing, or other pro25 ceeding in or before any court, department, officer, 
42

•HR 2715 IH 

1 agency, regulatory body, or other authority of the 

2 United States against an aggrieved person any infor3 mation obtained or derived from a request pursuant 

4 to this section, the United States shall, before the 

5 trial, hearing, or other proceeding, or at a reason6 able time before an effort to so disclose or so use 

7 this information or submit it in evidence, notify the 

8 aggrieved person and the court or other authority in 

9 which the information is to be disclosed or used that 

10 the United States intends to so disclose or so use 

11 such information. 

12 ‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE

13 BY STATE OR POLITICAL SUBDIVISION.—Whenever 

14 any State or political subdivision thereof intends to 

15 enter into evidence or otherwise use or disclose in 

16 any trial, hearing, or other proceeding in or before 

17 any court, department, officer, agency, regulatory 

18 body, or other authority of the State or political sub19 division thereof against an aggrieved person any in20 formation obtained or derived from a request pursu21 ant to this section, the State or political subdivision 

22 thereof shall notify the aggrieved person, the court 

23 or other authority in which the information is to be 

24 disclosed or used, and the Attorney General that the 
43

•HR 2715 IH 

1 State or political subdivision thereof intends to so 

2 disclose or so use such information. 

3 ‘‘(5) MOTION TO SUPPRESS.—

4 ‘‘(A) IN GENERAL.—Any aggrieved person 

5 against whom evidence obtained or derived from 

6 a request pursuant to this section is to be, or 

7 has been, introduced or otherwise used or dis8 closed in any trial, hearing, or other proceeding 

9 in or before any court, department, officer, 

10 agency, regulatory body, or other authority of 

11 the United States, or a State or political sub12 division thereof, may move to suppress the evi13 dence obtained or derived from the request, as 

14 the case may be, on the grounds that—

15 ‘‘(i) the information was acquired in 

16 violation of the Constitution or laws of the 

17 United States; or 

18 ‘‘(ii) the request was not in con19 formity with the requirements of this sec20 tion. 

21 ‘‘(B) TIMING.—A motion to suppress 

22 under subparagraph (A) shall be made before 

23 the trial, hearing, or other proceeding unless 

24 there was no opportunity to make such a mo-
44

•HR 2715 IH 

1 tion or the aggrieved person concerned was not 

2 aware of the grounds of the motion. 

3 ‘‘(6) JUDICIAL REVIEW.—

4 ‘‘(A) IN GENERAL.—Whenever—

5 ‘‘(i) a court or other authority is noti6 fied pursuant to paragraph (3) or (4); 

7 ‘‘(ii) a motion is made pursuant to 

8 paragraph (5); or 

9 ‘‘(iii) any motion or request is made 

10 by an aggrieved person pursuant to any 

11 other statute or rule of the United States 

12 or any State before any court or other au13 thority of the United States or any State 

14 to—

15 ‘‘(I) discover or obtain materials 

16 relating to a request issued pursuant 

17 to this section; or 

18 ‘‘(II) discover, obtain, or sup19 press evidence or information obtained 

20 or derived from a request issued pur21 suant to this section; 

22 the United States district court or, where the 

23 motion is made before another authority, the 

24 United States district court in the same district 

25 as the authority shall, notwithstanding any 
45

•HR 2715 IH 

1 other provision of law and if the Attorney Gen2 eral files an affidavit under oath that disclosure 

3 would harm the national security of the United 

4 States, review in camera the materials as may 

5 be necessary to determine whether the request 

6 was lawful. 

7 ‘‘(B) DISCLOSURE.—In making a deter8 mination under subparagraph (A), unless the 

9 court finds that such disclosure would not assist 

10 in determining any legal or factual issue perti11 nent to the case, the court shall disclose to the 

12 aggrieved person, the counsel of the aggrieved 

13 person, or both, under the procedures and 

14 standards provided in the Classified Informa15 tion Procedures Act (18 U.S.C. App.), portions 

16 of the application, order, or other related mate17 rials, or evidence or information obtained or de18 rived from the order. 

19 ‘‘(7) EFFECT OF DETERMINATION OF LAWFUL20 NESS.—

21 ‘‘(A) IN GENERAL.—If the United States 

22 district court determines pursuant to paragraph 

23 (6) that the request was not in compliance with 

24 the Constitution or laws of the United States, 

25 the court may, in accordance with the require-
46

•HR 2715 IH 

1 ments of law, suppress the evidence which was 

2 unlawfully obtained or derived from the request 

3 or otherwise grant the motion of the aggrieved 

4 person. 

5 ‘‘(B) EXCEPTION.—If the court determines 

6 that the request was lawful, it may deny the 

7 motion of the aggrieved person except to the ex8 tent that due process requires discovery or dis9 closure. 

10 ‘‘(8) BINDING FINAL ORDERS.—Orders grant11 ing motions or requests under paragraph (6), deci12 sions under this section that a request was not law13 ful, and orders of the United States district court 

14 requiring review or granting disclosure of applica15 tions, orders, or other related materials shall be final 

16 orders and binding upon all courts of the United 

17 States and the several States except a United States 

18 Court of Appeals or the Supreme Court.’’. 

19 (3) CONSUMER REPORTS.—Section 626 of the 

20 Fair Credit Reporting Act (15 U.S.C. 1681u) is 

21 amended by inserting after subsection (o) (as added 

22 by subsection (d)(3) of this section) the following 

23 new subsection: 

24 ‘‘(p) USE OF INFORMATION.—

25 ‘‘(1) IN GENERAL.—
47

•HR 2715 IH 

1 ‘‘(A) CONSENT.—Any information ac2 quired from a request or an order pursuant to 

3 this section concerning any United States per4 son may be used and disclosed by Federal offi5 cers and employees without the consent of the 

6 United States person only in accordance with 

7 the provisions of this subsection. 

8 ‘‘(B) LAWFUL PURPOSE.—No information 

9 acquired from an order pursuant to this section 

10 may be used or disclosed by Federal officers or 

11 employees except for lawful purposes. 

12 ‘‘(2) DISCLOSURE FOR LAW ENFORCEMENT

13 PURPOSES.—No information acquired pursuant to 

14 this section shall be disclosed for law enforcement 

15 purposes unless the disclosure is accompanied by a 

16 statement that the information, or any information 

17 derived therefrom, may only be used in a criminal 

18 proceeding with the advance authorization of the At19 torney General. 

20 ‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE

21 BY THE UNITED STATES.—Whenever the United 

22 States intends to enter into evidence or otherwise 

23 use or disclose in any trial, hearing, or other pro24 ceeding in or before any court, department, officer, 

25 agency, regulatory body, or other authority of the 
48

•HR 2715 IH 

1 United States against an aggrieved person any infor2 mation obtained or derived from a request or an 

3 order pursuant to this section, the United States 

4 shall, before the trial, hearing, or other proceeding, 

5 or at a reasonable time before an effort to so dis6 close or so use this information or submit it in evi7 dence, notify the aggrieved person and the court or 

8 other authority in which the information is to be dis9 closed or used that the United States intends to so 

10 disclose or so use such information. 

11 ‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE

12 BY STATE OR POLITICAL SUBDIVISION.—Whenever 

13 any State or political subdivision thereof intends to 

14 enter into evidence or otherwise use or disclose in 

15 any trial, hearing, or other proceeding in or before 

16 any court, department, officer, agency, regulatory 

17 body, or other authority of the State or political sub18 division thereof against an aggrieved person any in19 formation obtained or derived from a request or an 

20 order pursuant to this section, the State or political 

21 subdivision thereof shall notify the aggrieved person, 

22 the court or other authority in which the informa23 tion is to be disclosed or used, and the Attorney 

24 General that the State or political subdivision there25 of intends to so disclose or so use such information. 
49

•HR 2715 IH 

1 ‘‘(5) MOTION TO SUPPRESS.—

2 ‘‘(A) IN GENERAL.—Any aggrieved person 

3 against whom evidence obtained or derived from 

4 a request or an order pursuant to this section 

5 is to be, or has been, introduced or otherwise 

6 used or disclosed in any trial, hearing, or other 

7 proceeding in or before any court, department, 

8 officer, agency, regulatory body, or other au9 thority of the United States, or a State or polit10 ical subdivision thereof, may move to suppress 

11 the evidence obtained or derived from the re12 quest or the order, as the case may be, on the 

13 grounds that—

14 ‘‘(i) the information was acquired in 

15 violation of the Constitution or laws of the 

16 United States; or 

17 ‘‘(ii) the request or the order was not 

18 in conformity with the requirements of this 

19 section. 

20 ‘‘(B) TIMING.—A motion to suppress 

21 under subparagraph (A) shall be made before 

22 the trial, hearing, or other proceeding unless 

23 there was no opportunity to make such a mo24 tion or the aggrieved person concerned was not 

25 aware of the grounds of the motion. 
50

•HR 2715 IH 

1 ‘‘(6) JUDICIAL REVIEW.—

2 ‘‘(A) IN GENERAL.—Whenever—

3 ‘‘(i) a court or other authority is noti4 fied pursuant to paragraph (3) or (4); 

5 ‘‘(ii) a motion is made pursuant to 

6 paragraph (5); or 

7 ‘‘(iii) any motion or request is made 

8 by an aggrieved person pursuant to any 

9 other statute or rule of the United States 

10 or any State before any court or other au11 thority of the United States or any State 

12 to—

13 ‘‘(I) discover or obtain materials 

14 relating to a request or an order 

15 issued pursuant to this section; or 

16 ‘‘(II) discover, obtain, or sup17 press evidence or information obtained 

18 or derived from a request or an order 

19 issued pursuant to this section; 

20 the United States district court or, where the 

21 motion is made before another authority, the 

22 United States district court in the same district 

23 as the authority shall, notwithstanding any 

24 other provision of law and if the Attorney Gen25 eral files an affidavit under oath that disclosure 
51

•HR 2715 IH 

1 would harm the national security of the United 

2 States, review in camera the materials as may 

3 be necessary to determine whether the request 

4 or the order was lawful. 

5 ‘‘(B) DISCLOSURE.—In making a deter6 mination under subparagraph (A), unless the 

7 court finds that such disclosure would not assist 

8 in determining any legal or factual issue perti9 nent to the case, the court shall disclose to the 

10 aggrieved person, the counsel of the aggrieved 

11 person, or both, under the procedures and 

12 standards provided in the Classified Informa13 tion Procedures Act (18 U.S.C. App.), portions 

14 of the application, order, or other related mate15 rials, or evidence or information obtained or de16 rived from the order. 

17 ‘‘(7) EFFECT OF DETERMINATION OF LAWFUL18 NESS.—

19 ‘‘(A) IN GENERAL.—If the United States 

20 district court determines pursuant to paragraph 

21 (6) that the request or the order was not in 

22 compliance with the Constitution or laws of the 

23 United States, the court may, in accordance 

24 with the requirements of law, suppress the evi25 dence which was unlawfully obtained or derived 
52

•HR 2715 IH 

1 from the request or the order or otherwise 

2 grant the motion of the aggrieved person. 

3 ‘‘(B) EXCEPTION.—If the court determines 

4 that the request or the order was lawful, it may 

5 deny the motion of the aggrieved person except 

6 to the extent that due process requires dis7 covery or disclosure. 

8 ‘‘(8) BINDING FINAL ORDERS.—Orders grant9 ing motions or requests under paragraph (6), deci10 sions under this section that a request was not law11 ful, and orders of the United States district court 

12 requiring review or granting disclosure of applica13 tions, orders, or other related materials shall be final 

14 orders and binding upon all courts of the United 

15 States and the several States except a United States 

16 Court of Appeals or the Supreme Court.’’. 

17 (4) CONSUMER REPORTS REQUESTED BY GOV18 ERNMENTAL AGENCIES.—Section 627 of the Fair 

19 Credit Reporting Act (15 U.S.C. 1681v) is amended 

20 by inserting after subsection (f) (as added by sub21 section (d)(4) of this section) the following new sub22 section: 

23 ‘‘(g) USE OF INFORMATION.—Any information ac24 quired from a request pursuant to this section concerning 

25 any United States person may be used and disclosed by 
53

•HR 2715 IH 

1 Federal officers and employees, a State, or a political sub2 division of a State without the consent of the United 

3 States person only in accordance with the procedures es4 tablished under section 626(p).’’. 

5 (f) DEFINITIONS.—

6 (1) FINANCIAL RECORD REQUESTS.—Section 

7 1101 of the Right to Financial Privacy Act of 1978 

8 (12 U.S.C. 3401) is amended—

9 (A) in paragraph (7), by striking ‘‘and’’ at 

10 the end after the semicolon; 

11 (B) in paragraph (8), by striking the pe12 riod and inserting ‘‘; and’’; and 

13 (C) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(9) the term ‘agent of a foreign power’ has the 

16 meaning given such term by section 101(b) of the 

17 Foreign Intelligence Surveillance Act of 1978 (50 

18 U.S.C. 1801(b)); 

19 ‘‘(10) the term ‘aggrieved person’ means any 

20 person whose financial records are produced, dis21 closed, or otherwise made public without the consent 

22 of such person; and 

23 ‘‘(11) the term ‘foreign power’ has the meaning 

24 given such term by section 101(a) of the Foreign In-
54

•HR 2715 IH 

1 telligence Surveillance Act of 1978 (50 U.S.C. 

2 1801(a)).’’. 

3 (2) CONSUMER REPORT REQUESTS.—Section 

4 603 of the Fair Credit Reporting Act (15 U.S.C. 

5 1681a) is amended by adding at the end the fol6 lowing: 

7 ‘‘(y) TERMS RELATING TO INTELLIGENCE ACTIVI8 TIES.—

9 ‘‘(1) AGENT OF A FOREIGN POWER.—The term 

10 ‘agent of a foreign power’ has the meaning given 

11 such term by section 101(b) of the Foreign Intel12 ligence Surveillance Act of 1978 (50 U.S.C. 

13 1801(b)). 

14 ‘‘(2) FOREIGN POWER.—The term ‘foreign 

15 power’ has the meaning given such term by section 

16 101(a) of the Foreign Intelligence Surveillance Act 

17 of 1978 (50 U.S.C. 1801(a)). 

18 ‘‘(z) AGGRIEVED PERSON.—The term ‘aggrieved per19 son’ means any consumer or other person whose consumer 

20 report is produced, disclosed, or otherwise made public 

21 without the consent of such consumer or other person.’’.

Æ