II 

117TH CONGRESS 

2D SESSION S. 3888 

To amend title 18, United States Code, to require that notice of criminal 

surveillance orders be eventually provided to targets, to reform the use 

of non-disclosure orders to providers, to prohibit indefinite sealing of 

criminal surveillance orders, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2022 

Mr. WYDEN (for himself, Mr. DAINES, Mr. LEE, and Mr. BOOKER) introduced 

the following bill; which was read twice and referred to the Committee 

on the Judiciary 

A BILL 

To amend title 18, United States Code, to require that 

notice of criminal surveillance orders be eventually provided to targets, to reform the use of non-disclosure 

orders to providers, to prohibit indefinite sealing of criminal surveillance orders, 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 ‘‘Government Surveil5 lance Transparency Act of 2022’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 3888 IS

1 SEC. 2. CRIMINAL SURVEILLANCE ORDERS. 

2 (a) IN GENERAL.—Part II of title 18, United States 

3 Code, is amended by inserting after chapter 206 the fol4 lowing: 

5 ‘‘CHAPTER 206A—CRIMINAL 

6 SURVEILLANCE ORDERS 

‘‘Sec. 

‘‘3131. Definitions. 

‘‘3132. Criminal surveillance orders. 

‘‘3133. Request for unsealing or challenging redactions. 

7 ‘‘§ 3131. Definitions 

8 ‘‘In this chapter: 

9 ‘‘(1) APPLICATION.—The term ‘application’— 

10 ‘‘(A) means an application for a criminal 

11 surveillance order; and 

12 ‘‘(B) includes all supporting affidavits and 

13 exhibits. 

14 ‘‘(2) PEN REGISTER; TRAP AND TRACE DE15 VICE.—The terms ‘pen register’, and ‘trap and trace 

16 device’ have the meanings given the terms in section 

17 3127. 

18 ‘‘(3) CRIMINAL SURVEILLANCE ORDER.—The 

19 term ‘criminal surveillance order’ means— 

20 ‘‘(A) an order authorizing or approving the 

21 interception of a wire communication, oral com22 munication, or electronic communication under 

23 chapter 119 or under an equivalent State law; 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 3888 IS

1 ‘‘(B) an order authorizing or approving the 

2 installation and use of a pen register or a trap 

3 and trace device under chapter 206 or under an 

4 equivalent State law; 

5 ‘‘(C) an order for the installation of a mo6 bile tracking device under section 3117; 

7 ‘‘(D) an order for disclosure under chapter 

8 121; 

9 ‘‘(E) an order for a delay of notification or 

10 nondisclosure under section 2705; 

11 ‘‘(F) a search or seizure warrant issued 

12 using the procedures described in the Federal 

13 Rules of Criminal Procedure or in the case of 

14 a State or Tribal court, issued using State or 

15 Tribal warrant procedures; 

16 ‘‘(G) in the case of a court-martial or other 

17 proceeding under chapter 47 of title 10 (Uni18 form Code of Military Justice), a warrant or 

19 order issued under section 846 of that title; 

20 ‘‘(H) a warrant under section 3103a; 

21 ‘‘(I) an order under section 1651 of title 

22 28; 

23 ‘‘(J) an order for third party assistance 

24 under section 2518(4) or section 3124; or 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 3888 IS

1 ‘‘(K) an order to enforce the assistance ca2 pability and capacity requirements under sec3 tion 2522. 

4 ‘‘(4) ELECTRONIC COMMUNICATION; ORAL COM5 MUNICATION; WIRE COMMUNICATION.—The terms 

6 ‘electronic communication’, ‘oral communication’, 

7 and ‘wire communication’ have the meanings given 

8 the terms in section 2510. 

9 ‘‘(5) INDIAN TRIBE.—the term ‘Indian Tribe’ 

10 has the meaning given such term in section 102 of 

11 the Federally Recognized Indian Tribe List Act of 

12 1994 (25 U.S.C. 5130). 

13 ‘‘(6) INVENTORY.—The term ‘inventory’ means 

14 the inventory and other materials— 

15 ‘‘(A) returned to a Federal, State, or Trib16 al court or a court-martial or other proceeding 

17 under chapter 47 of title 10 (Uniform Code of 

18 Military Justice) in connection with the execu19 tion of a criminal surveillance order (including 

20 under paragraph (1)(D) or (2)(B) of rule 41(f) 

21 of the Federal Rules of Criminal Procedure, 

22 under comparable State warrant procedures, or 

23 under procedures applicable to a court-martial 

24 or other proceeding under chapter 47 of title 

25 10); or 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 3888 IS

1 ‘‘(B) provided to persons and other parties 

2 described in section 2518(8)(d). 

3 ‘‘(7) STATE.—The term ‘State’ means each of 

4 the several States of the United States, the District 

5 of Columbia, the Commonwealth of Puerto Rico, 

6 American Samoa, the Commonwealth of the North7 ern Mariana Islands, Guam, and the United States 

8 Virgin Islands. 

9 ‘‘(8) SUBSTANTIALLY PREVAILS.—The term 

10 ‘substantially prevails’ has the meaning given the 

11 term in section 552(a)(4)(E) of title 5. 

12 ‘‘§ 3132. Criminal surveillance orders 

13 ‘‘(a) LIMITATION ON SEALING.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), a court may not seal a criminal surveil16 lance order, application, or inventory for a period 

17 that extends after the later of— 

18 ‘‘(A) date the order is executed; or 

19 ‘‘(B) the date on which the authorized sur20 veillance ends. 

21 ‘‘(2) EXCEPTIONS.— 

22 ‘‘(A) IN GENERAL.—An applicant for a 

23 criminal surveillance order may file a written 

24 request for the court to seal the criminal sur25 veillance order, the application, or the inventory 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 3888 IS

1 for a period not to exceed 180 days after the 

2 later of the date the order is executed or the 

3 date on which the authorized surveillance ends, 

4 which request the court shall grant if the appli5 cant certifies that there is reason to believe that 

6 failure to seal will have an adverse result de7 scribed in subparagraph (B). 

8 ‘‘(B) ADVERSE RESULT.— 

9 ‘‘(i) IN GENERAL.—An adverse result 

10 described in this subparagraph is— 

11 ‘‘(I) endangering the life or phys12 ical safety of an individual; 

13 ‘‘(II) flight from prosecution; 

14 ‘‘(III) destruction of or tam15 pering with evidence; 

16 ‘‘(IV) intimidation of potential 

17 witnesses; or 

18 ‘‘(V) otherwise seriously jeopard19 izing the investigation to which the 

20 criminal surveillance order relates or 

21 unduly delaying a trial resulting from 

22 the investigation. 

23 ‘‘(ii) OTHER REQUIREMENTS.— 

24 ‘‘(I) IN GENERAL.—When certi25 fying an adverse result, the applicant 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 3888 IS

1 shall certify that there is reason to be2 lieve that the person whose informa3 tion is targeted by the order does not 

4 know— 

5 ‘‘(aa) about the investiga6 tion; and 

7 ‘‘(bb) that they are a target 

8 or person of interest in the inves9 tigation. 

10 ‘‘(II) FAILURE TO CERTIFY.—If 

11 the applicant does not satisfy the re12 quirements of subclause (I)— 

13 ‘‘(aa) the applicant must fol14 low the higher standard of judi15 cial review required by subpara16 graph (C)(ii); and 

17 ‘‘(bb) the failure to satisfy 

18 such requirements shall be dis19 closed in both the criminal sur20 veillance order and any pre21 clusion of notice order issued for 

22 that criminal surveillance order. 

23 ‘‘(iii) REVIEW BY COURT.—The court 

24 may, in its discretion, require the govern25 ment to provide the factual basis for the 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 3888 IS

1 certification described in clause (i) and 

2 may review that factual basis for suffi3 ciency. 

4 ‘‘(iv) NOTIFICATION.— 

5 ‘‘(I) IN GENERAL.—For any 

6 criminal surveillance order, applica7 tion, or inventory that is sealed at the 

8 Government’s request, the Govern9 ment shall promptly notify the court if 

10 the Government no longer has reason 

11 to believe that removal of a seal will 

12 have an adverse result described in 

13 this subparagraph. 

14 ‘‘(II) UNSEALING.—After being 

15 notified by the Government under 

16 subclause (I), the court shall unseal 

17 the criminal surveillance order, appli18 cation, or inventory. 

19 ‘‘(C) EXTENSIONS.— 

20 ‘‘(i) IN GENERAL.—The court may 

21 grant a single extension of a sealing order 

22 for up to 180 days, upon the applicant’s 

23 motion, based on a renewed certification 

24 that failure to extend the sealing period 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 3888 IS

1 will have an adverse result described in 

2 subparagraph (B). 

3 ‘‘(ii) HEIGHTENED JUDICIAL REVIEW

4 OF SUBSEQUENT EXTENSIONS.— 

5 ‘‘(I) IN GENERAL.—For any ex6 tension after an extension under 

7 clause (i), the court may grant an ex8 tension of a sealing order for up to 

9 180 days, upon the applicant’s mo10 tion, if the applicant— 

11 ‘‘(aa) demonstrates— 

12 ‘‘(AA) a particularized 

13 showing that failure to ex14 tend the sealing period will 

15 have an adverse result de16 scribed in subparagraph (B); 

17 and 

18 ‘‘(BB) a particularized 

19 showing that the adverse re20 sult would not be avoided by 

21 redaction of specified words, 

22 phrases, or passages in the 

23 criminal surveillance order, 

24 application, or inventory; 

25 and 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 3888 IS

1 ‘‘(bb) details— 

2 ‘‘(AA) the nature of the 

3 investigation; 

4 ‘‘(BB) the suspected 

5 crimes; 

6 ‘‘(CC) the name of the 

7 target; and 

8 ‘‘(DD) specific facts 

9 that substantiate the need 

10 for the extension. 

11 ‘‘(II) REDACTED DOCUMENTS.— 

12 ‘‘(aa) IN GENERAL.—If the 

13 court determines that an appli14 cant has met the requirements of 

15 subitem (AA) of subclause 

16 (I)(aa), but not the requirements 

17 of subitem (BB) of subclause 

18 (I)(aa), the court shall order the 

19 applicant to submit proposed 

20 redactions to each sealed docu21 ment. 

22 ‘‘(bb) DISPOSITION.—After 

23 considering the proposed 

24 redactions of the applicant, if 

25 any, the court may order the apVerDate Sep 11 2014 03:33 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 3888 IS

1 plicant to refile 1 or more sealed 

2 documents with such redactions 

3 as the court finds appropriate, 

4 direct the clerk to unseal the en5 tirety of 1 or more sealed docu6 ments, or order that 1 or more 

7 sealed documents remain under 

8 seal. 

9 ‘‘(D) SEALING OF REJECTED APPLICA10 TIONS AND UNEXECUTED CRIMINAL SURVEIL11 LANCE ORDERS.—A court may, pursuant to 

12 subparagraph (A), seal an unexecuted criminal 

13 surveillance order, or a rejected application. 

14 ‘‘(E) CHALLENGE OF ADVERSE RESULT

15 CERTIFICATION OR EXTENSION.— 

16 ‘‘(i) IN GENERAL.—Any person sub17 ject to and seeking to challenge a pre18 clusion of notice order or any person seek19 ing to unseal a surveillance order, applica20 tion, or inventory may challenge— 

21 ‘‘(I) a certification of the adverse 

22 result under this paragraph; or 

23 ‘‘(II) the particularized showings 

24 and detailed information necessary for 

25 a second and subsequent extension. 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 3888 IS

1 ‘‘(ii) HEIGHTENED STANDARD.—If an 

2 order under this paragraph or a preclusion 

3 of notice order for a subpoena or emer4 gency request is issued earlier than 1 year 

5 before the date on which a challenge under 

6 clause (i) is made, the requirements of 

7 subparagraph (C)(ii) shall apply to a war8 rant or order sealed in accordance with 

9 chapter 206A or the subpoena or emer10 gency request. 

11 ‘‘(iii) COSTS.—If a person substan12 tially prevails in a challenge under this 

13 subparagraph, the court shall order the ap14 plicant for the criminal surveillance order 

15 at issue to pay the litigation costs of the 

16 person (including reasonable attorney’s 

17 fees). 

18 ‘‘(b) DOCKETING AND PUBLICATION OF CRIMINAL

19 SURVEILLANCE ORDERS, APPLICATIONS, INVENTORIES, 

20 AND ASSOCIATED DOCKET RECORDS.— 

21 ‘‘(1) DOCKET RECORDS.—Except as provided in 

22 paragraph (2), regardless of whether a court seals a 

23 criminal surveillance order or application under this 

24 section, the public docket record for any criminal 

25 surveillance case shall— 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 3888 IS

1 ‘‘(A) be made available as an open Govern2 ment data asset and under an open license, as 

3 such terms are defined in section 3502 of title 

4 44, and in a manner that facilitates 

5 downloading docket records in bulk, in accord6 ance with rules promulgated by the Judicial 

7 Conference of the United States, after consulta8 tion with the National Institute of Standards 

9 and Technology, the Administrator of General 

10 Services, the Electronic Public Access Public 

11 User Group, private entities offering electronic 

12 case management software, the National Center 

13 for State Courts, and the National American 

14 Indian Court Judges Association, on the 

15 website of the court; and 

16 ‘‘(B) include, at a minimum— 

17 ‘‘(i) the date and time the application 

18 was filed, the order was entered, and the 

19 warrant was returned to the court, where 

20 applicable; 

21 ‘‘(ii) the type of order, including— 

22 ‘‘(I) the statutory authority 

23 under which the order was issued; 

24 ‘‘(II) the type of crime under in25 vestigation; 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 3888 IS

1 ‘‘(III) the investigating agency; 

2 ‘‘(IV) the duration of the re3 quested surveillance if any; 

4 ‘‘(V) whether sealing and de5 ferred notice were requested, if so for 

6 how long; 

7 ‘‘(VI) whether an order for third 

8 party assistance was requested; and 

9 ‘‘(VII) disposition by the court, 

10 whether granted, modified, or denied; 

11 ‘‘(iii) an index describing any subse12 quent filings or orders related to the case; 

13 ‘‘(iv) the unique case number in ac14 cordance with paragraph (3); and 

15 ‘‘(v) the date on which the seal will 

16 expire (unless extended pursuant to sub17 section (a)(2)(C)). 

18 ‘‘(2) SHOWING OF ADVERSE RESULT.—If an 

19 applicant in a sealed case demonstrates that public 

20 disclosure of any docket item listed in paragraph 

21 (1)(B)(ii) will have an adverse result described in 

22 subsection (a)(2)(B), the court may direct the clerk 

23 to withhold that item from the public docket record 

24 until the sealing order expires. 

25 ‘‘(3) CASE NUMBER AND CAPTION.— 


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 3888 IS

1 ‘‘(A) IN GENERAL.—A court shall assign 

2 for each application— 

3 ‘‘(i) a unique case number for every 

4 identified target, including for each unique 

5 street address, parcel, person, phone num6 ber, device, or account targeted; and 

7 ‘‘(ii) a case caption providing only ge8 neric information about the type of order 

9 sought and the target of the order. 

10 ‘‘(B) REQUIREMENTS.—A court shall as11 sign a case number and case caption under sub12 paragraph (A) in accordance with rules promul13 gated by the Judicial Conference of the United 

14 States, in consultation with the Electronic Pub15 lic Access Public User Group, or in the case of 

16 a State court, in accordance with rules promul17 gated by the highest court of the State, and in 

18 the case of a Tribal court, in accordance with 

19 rules promulgated by the highest court of the 

20 Indian Tribe. 

21 ‘‘(4) COMPLIANCE WITH THE REHABILITATION

22 ACT OF 1973.—Each criminal surveillance order, ap23 plication, inventory, and public docket record for any 

24 criminal surveillance case required under this sub25 section shall be published in a form that complies 


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 3888 IS

1 with section 508 of the Rehabilitation Act of 1973 

2 (29 U.S.C. 794d). 

3 ‘‘(5) NONDISCLOSURE ORDERS.—When apply4 ing for an order for nondisclosure under section 

5 2705, to prevent the disclosure of a subpoena— 

6 ‘‘(A) the applicant for the order shall in7 clude a copy of the subpoena; and 

8 ‘‘(B) the court shall docket the subpoena 

9 as part of the application for the order. 

10 ‘‘(6) AUTOMATIC UNSEALING AND NOTIFICA11 TION.—The court shall employ a technical mecha12 nism to automatically— 

13 ‘‘(A) unseal criminal surveillance orders 

14 not later than the end of the next business day 

15 after the seal expires; and 

16 ‘‘(B) provide notice, 10 business days be17 fore scheduled unsealing, to the law enforce18 ment agency that filed the application for the 

19 criminal surveillance order. 

20 ‘‘(c) FILING.—An application and the inventory shall 

21 be filed electronically. 

22 ‘‘§ 3133. Request for unsealing or challenging 

23 redactions 

24 ‘‘(a) IN GENERAL.—Any person may submit a re25 quest to a court to— 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 3888 IS

1 ‘‘(1) unseal an application for a criminal sur2 veillance order, a criminal surveillance order, or an 

3 inventory; or 

4 ‘‘(2) challenge a redaction under section 

5 3132(a)(2)(C)(ii)(II). 

6 ‘‘(b) FORM.—A request described in subsection (a) 

7 may be submitted as part of— 

8 ‘‘(1) the particular criminal surveillance matter, 

9 including as a motion to unseal; or 

10 ‘‘(2) as a stand-alone, separate case. 

11 ‘‘(c) MULTIPLE APPLICATIONS AND ORDERS UN12 SEALED.—A request described in subsection (a) may in13 clude more than 1 application for a criminal surveillance 

14 order, criminal surveillance order, or an inventory.’’. 

15 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) IN GENERAL.—Title 18, United States 

17 Code, is amended— 

18 (A) in section 2518(8)— 

19 (i) by striking paragraph (b); and 

20 (ii) by redesignating paragraphs (c) 

21 and (d) as subparagraphs (b) and (c), re22 spectively; 

23 (B) in section 3123, by striking subsection 

24 (d); and 

25 (C) in section 3103a(b)(1)— 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 3888 IS

1 (i) by striking ‘‘2705’’ and inserting 

2 ‘‘3132)’’; and 

3 (ii) by striking ‘‘trial)’’ and inserting 

4 ‘‘trial’’. 

5 (2) E-GOVERNMENT ACT OF 2002.— 

6 (A) IN GENERAL.—Section 205 of the E7 Government Act of 2002 (44 U.S.C. 3501 note) 

8 is amended— 

9 (i) in subsection (a), by adding at the 

10 end the following: 

11 ‘‘(8) Access to the substance of all applications 

12 for criminal surveillance orders, criminal surveillance 

13 orders, and inventories in a text searchable format 

14 in accordance with chapter 206A of title 18, United 

15 States Code.’’; and 

16 (ii) in subsection (c)— 

17 (I) by striking paragraph (2) and 

18 inserting the following: 

19 ‘‘(2) EXCEPTIONS.— 

20 ‘‘(A) IN GENERAL.—Documents that are 

21 filed that are not otherwise available to the 

22 public, such as documents filed under seal, shall 

23 not be made available online. 

24 ‘‘(B) CRIMINAL SURVEILLANCE ORDERS.— 

25 Subparagraph (A) shall not apply to applicaVerDate Sep 11 2014 03:33 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 3888 IS

1 tions for criminal surveillance orders, criminal 

2 surveillance orders, and inventories that are 

3 publicly available in accordance with chapter 

4 206A of title 18, United States Code.’’; and 

5 (II) in paragraph (3), by adding 

6 at the end the following: 

7 ‘‘(D) The Supreme Court shall update the 

8 rules prescribed under subparagraph (A) to ad9 dress personal information included in criminal 

10 surveillance orders, applications, and inventories 

11 that are made available to the public.’’. 

12 (3) TABLE OF CHAPTERS.—The table of chap13 ters for part II of title 18, United States Code, is 

14 amended by inserting after the item relating to 

15 chapter 206 the following: 

‘‘206A. Criminal surveillance orders ......................................... 3121’’. 

16 (c) EFFECTIVE DATE.— 

17 (1) IN GENERAL.—Except as provided in para18 graphs (2) and (3), the amendments made by this 

19 section shall take effect on the date that is 2 years 

20 after the date of enactment of this Act. 

21 (2) DELAYED APPLICABILITY FOR CERTAIN

22 STATE AND TRIBAL COURTS.— 

23 (A) IN GENERAL.—Subsections (b)(1)(A) 

24 and (c) of section 3132 of title 18, United 

25 States Code, as added by subsection (a) of this 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 3888 IS

1 section, shall apply on and after the date that 

2 is 4 years after the date of enactment of this 

3 Act— 

4 (i) to a State or Tribal court that, on 

5 the date of enactment of this Act, does not 

6 offer electronic docketing or public online 

7 access to dockets; or 

8 (ii) any State or Tribal court that cer9 tifies that the court needs more time to 

10 comply with the requirements of those sub11 sections. 

12 (3) AUTHORITY TO DELAY ELECTRONIC FIL13 ING.— 

14 (A) CERTIFICATION.— 

15 (i) FEDERAL COURTS.—The applica16 tion of subsection (c) of section 3132 of 

17 title 18, United States Code, as added by 

18 subsection (a) of this section, to Federal 

19 courts under paragraph (1) of this sub20 section shall be delayed for 1 year if the 

21 Director of the Administrative Office of 

22 the United States Courts certifies that the 

23 system used by Federal courts for elec24 tronic filing is not sufficiently secure. 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 3888 IS

1 (ii) STATE AND TRIBAL COURTS.— 

2 The application of subsection (c) of section 

3 3132 of title 18, United States Code, as 

4 added by subsection (a) of this section, to 

5 a State or Tribal court under paragraph 

6 (1) or (2) of this subsection, as applicable, 

7 shall be delayed for 1 year if the chief 

8 judge of the highest court of the State or 

9 Tribe certifies that the system used by the 

10 State or Tribal court for electronic filing is 

11 not sufficiently secure. 

12 (B) CONTENTS.—A certification under 

13 subparagraph (A) shall include an estimate of 

14 the date by which the electronic filing system of 

15 the applicable court will be sufficiently secure. 

16 (C) RENEWAL OF DELAY.—The delay of 

17 the application of subsection (c) of section 3132 

18 of title 18, United States Code, as added by 

19 subsection (a) of this section, to Federal courts 

20 or to a State or Tribal court may be delayed for 

21 1 or more additional 1-year periods if the Di22 rector of the Administrative Office of the 

23 United States Courts or the chief judge of the 

24 highest court of the State or Tribe, respectively, 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 3888 IS

1 submits an additional certification in accord2 ance with subparagraphs (A) and (B). 

3 (D) PUBLICATION.—Any certification 

4 under this paragraph shall be— 

5 (i) made available on the website of 

6 the court system with respect to which the 

7 certification is submitted; and 

8 (ii) submitted to the Committee on 

9 the Judiciary of the Senate and the Com10 mittee on the Judiciary of the House of 

11 Representatives. 

12 (d) APPLICABILITY.— 

13 (1) DEFINITIONS.—In this subsection, the 

14 terms ‘‘application’’, ‘‘criminal surveillance order’’, 

15 and ‘‘inventory’’ have the meanings given such terms 

16 in section 3131 of title 18, United States Code, as 

17 added by subsection (a). 

18 (2) APPLICATION.—The amendments made by 

19 this section shall apply to— 

20 (A) any application filed or inventory re21 turned on or after the date described in sub22 section (d); and 

23 (B) any criminal surveillance order entered 

24 on or after the date described in subsection (d). 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 3888 IS

1 (3) RULE OF CONSTRUCTION REGARDING

2 UNSEALING.—Nothing in the amendments made by 

3 this section shall be construed to prohibit a court 

4 from unsealing— 

5 (A) a criminal surveillance order entered or 

6 inventory returned before the date described in 

7 subsection (d); or 

8 (B) an application for a criminal surveil9 lance order made before the date described in 

10 subsection (d). 

11 (4) RULE OF CONSTRUCTION REGARDING IN12 TERPRETATION.—The amendments made by this 

13 section shall be liberally construed in favor of public 

14 access to documents, to the extent possible. 

15 SEC. 3. NOTICE TO COURTS OF UNLAWFUL SURVEILLANCE. 

16 (a) REQUIRED DISCLOSURE OF CUSTOMER COMMU17 NICATIONS OR RECORDS.—Section 2703(d) of title 18, 

18 United States Code, is amended— 

19 (1) by striking ‘‘A court order’’ and inserting 

20 the following: 

21 ‘‘(1) IN GENERAL.—A court order’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(2) REQUIRED INVENTORY.—A court order for 

24 disclosure issued under subsection (b) or (c) shall re25 quire an inventory described in rule 41(f)(1)(B) of 


pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 3888 IS

1 the Federal Rules of Criminal Procedure, or any 

2 successor thereto, be promptly returned to the court 

3 if the provider disclosed to the government any data 

4 not authorized by the court.’’. 

5 (b) ISSUANCE OF AN ORDER FOR A PEN REGISTER

6 OR A TRAP AND TRACE DEVICE.—Section 3123(b) of title 

7 18, United States Code, is amended— 

8 (1) in paragraph (1)(D), by striking ‘‘and’’ at 

9 the end; 

10 (2) in paragraph (2), by striking the period at 

11 the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(3) shall require an inventory described in rule 

14 41(f)(1)(B) of the Federal Rules of Criminal Proce15 dure, or any successor thereto, be promptly returned 

16 to the court if— 

17 ‘‘(A) the provider disclosed to the govern18 ment any electronic data not authorized by the 

19 court; or 

20 ‘‘(B) the government obtained dialing, 

21 routing, addressing, or signaling information 

22 that was not authorized by the court or in a 

23 manner that exceeded the authorization granted 

24 by the court.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 3888 IS

1 (c) RULE 41.—Rule 41(f)(1)(B) of the Federal Rules 

2 of Criminal Procedure is amended by inserting after the 

3 period at the end the following: 

4 ‘‘If an inventory is required pursuant to this rule, or 

5 if an inventory is required by section 2703(d)(2) of 

6 title 18, United States Code, or section 3123(b)(3) 

7 of that title, the inventory shall— 

8 ‘‘(i) disclose whether the provider dis9 closed to the government any electronic 

10 data not authorized by the court and, if so, 

11 provide detailed information regarding the 

12 disclosure; and 

13 ‘‘(ii) disclose whether the government 

14 searched persons or property, including ac15 counts or electronic devices, or obtained di16 aling, routing, addressing, or signaling in17 formation not authorized by the court or in 

18 a manner that exceeded the authorization 

19 granted by the court and, if so, provide de20 tailed information regarding the search.’’. 

21 SEC. 4. NOTICE TO SUBJECTS OF LAW ENFORCEMENT SUR22 VEILLANCE. 

23 (a) IN GENERAL.—Section 2703 of title 18, United 

24 States Code, is amended— 

25 (1) in subsection (a), in the first sentence— 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 3888 IS

1 (A) by inserting ‘‘and in accordance with 

2 the requirements for executing and returning a 

3 warrant’’ after ‘‘the procedures’’; 

4 (B) by inserting ‘‘and execution and re5 turn’’ after ‘‘State warrant’’; and 

6 (C) by inserting ‘‘and in accordance with 

7 the requirements for executing and returning 

8 such a warrant’’ after ‘‘that title’’; 

9 (2) in subsection (b)— 

10 (A) in paragraph (1) 

11 (i) in subparagraph (A)— 

12 (I) by striking ‘‘without required 

13 notice to the subscriber or customer,’’; 

14 (II) by inserting ‘‘and in accord15 ance with the requirements for exe16 cuting and returning a warrant’’ after 

17 ‘‘the procedures’’; 

18 (III) by inserting ‘‘and execution 

19 and return’’ after ‘‘State warrant’’; 

20 and 

21 (IV) by inserting ‘‘and in accord22 ance with the requirements for exe23 cuting and returning such a warrant’’ 

24 after ‘‘that title’’; and 

25 (ii) in subparagraph (B)— 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 3888 IS

1 (I) in clause (ii), by striking the 

2 semicolon at the end and inserting a 

3 period; and 

4 (II) in the matter following 

5 clause (ii), by striking ‘‘except that 

6 delayed notice may be given pursuant 

7 to section 2705 of this title.’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(3) Notice may not be delayed pursuant to section 

10 2705 for a disclosure under paragraph (1)(B)(i).’’; 

11 (3) in subsection (c)— 

12 (A) in paragraph (1)(A)— 

13 (i) by inserting ‘‘and in accordance 

14 with the requirements for executing and 

15 returning a warrant’’ after ‘‘the proce16 dures’’; 

17 (ii) by inserting ‘‘and execution and 

18 return’’ after ‘‘State warrant’’; and 

19 (iii) by inserting ‘‘and in accordance 

20 with the requirements for executing and 

21 returning such a warrant’’ after ‘‘that 

22 title’’; and 

23 (B) by striking paragraph (3); 

24 (4) in subsection (d), as amended by section 

25 3(a) of this Act, by adding at the end the following: 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 3888 IS

1 ‘‘(3) REQUIREMENTS.—Orders under this sub2 section shall be issued in accordance with the re3 quirements for executing and returning a warrant 

4 under the Federal Rules of Criminal Procedure.’’; 

5 and 

6 (5) by adding at the end the following: 

7 ‘‘(i) SERVICE.— 

8 ‘‘(1) IN GENERAL.—A governmental entity re9 ceiving records or information under subsection (a), 

10 (b), or (c) of this section or seeking an order under 

11 section 3123 shall provide notice prior to conducting 

12 the court-authorized surveillance to the subscriber or 

13 customer or the person described in subsection 

14 (b)(1)(A) of that section, as applicable, unless notice 

15 is delayed in accordance with section 2705. If prior 

16 notice is infeasible due to inadequate contact infor17 mation, the governmental entity shall provide the re18 quired notice within 7 days after receipt of adequate 

19 contact information from the provider. 

20 ‘‘(2) OTHER REQUIREMENTS.—For purposes of 

21 serving a copy of a warrant or order described in 

22 this section and a receipt for the warrant or order— 

23 ‘‘(A) the person or persons whose wire or 

24 electronic communications are obtained under 

25 the warrant or order shall be the person or perVerDate Sep 11 2014 03:33 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 3888 IS

1 sons whose property was searched or who pos2 sessed the information that was seized or cop3 ied; and 

4 ‘‘(B) service of the copy of the warrant or 

5 order and the receipt may only be delayed in 

6 accordance with section 2705.’’. 

7 (b) WRITS.—Section 1651 of title 28, United States 

8 Code, is amended by adding at the end the following: 

9 ‘‘(c) In seeking an order to a third party under this 

10 section, the Federal Government shall comply with any re11 quirement for notice applicable to warrants issued under 

12 the Federal Rules of Criminal Procedure.’’. 

13 (c) VOLUNTARY DISCLOSURE OF CUSTOMER COMMU14 NICATIONS OR RECORDS.—Section 2702 of title 18, 

15 United States Code, is amended by adding at the end the 

16 following: 

17 ‘‘(e) NOTICE.—If a governmental entity requests and 

18 receives a voluntary disclosure from a provider described 

19 in subsection (a)— 

20 ‘‘(1) the contents of communications pursuant 

21 to subsection (b)(8); or 

22 ‘‘(2) a record or other information pertaining to 

23 a subscriber to or customer of such service pursuant 

24 to subsection (c)(4), 


pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 3888 IS

1 the governmental entity shall within 7 days provide notice 

2 to the subscriber or customer, unless notice is delayed in 

3 accordance with section 2705.’’. 

4 SEC. 5. DELAY AND PRECLUSION OF REQUIRED NOTICE. 

5 (a) IN GENERAL.—Section 2705 of title 18, United 

6 States Code, is amended to read as follows: 

7 ‘‘§ 2705. Delay and preclusion of notice 

8 ‘‘(a) DELAY OF REQUIRED NOTICE TO CUSTOMER OR

9 SUBSCRIBER.— 

10 ‘‘(1) IN GENERAL.—A governmental entity act11 ing under section 2702, 2703, or section 3123 may 

12 apply to a court for an order delaying the required 

13 notice to the person whose wire or electronic commu14 nications or records or information are obtained. 

15 ‘‘(2) WARRANTS AND ORDERS.—The court may 

16 enter an order described in paragraph (1) with re17 spect to a warrant or order only if the warrant or 

18 order is sealed in accordance with chapter 206A, 

19 and only for the period during which the sealing 

20 order is in effect. 

21 ‘‘(3) SUBPOENAS AND EMERGENCY RE22 QUESTS.— 

23 ‘‘(A) IN GENERAL.—The court shall enter 

24 an order described in paragraph (1) with re25 spect to a subpoena or emergency request for a 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 3888 IS

1 period not to exceed 180 days after the return 

2 date of the subpoena or the emergency request 

3 if the governmental entity certifies that there is 

4 reason to believe that failure to issue the order 

5 will have an adverse result described in section 

6 3132(a)(2)(B). 

7 ‘‘(B) EXTENSIONS.— 

8 ‘‘(i) IN GENERAL.—The court shall 

9 grant a single extension of an order de10 scribed in paragraph (1) with respect to a 

11 subpoena or emergency request for a pe12 riod not to exceed 180 days upon the gov13 ernmental entity’s motion, based on a re14 newed certification that failure to extend 

15 the order will have an adverse result de16 scribed in section 3132(a)(2)(B). 

17 ‘‘(ii) SUBSEQUENT EXTENSIONS.— 

18 ‘‘(I) IN GENERAL.—For any ex19 tension after an extension under 

20 clause (i), the court may grant an ex21 tension of an order described in para22 graph (1) with respect to a subpoena 

23 or emergency request for up to 180 

24 days, upon the governmental entity’s 

25 motion, if the governmental entity 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 3888 IS

1 demonstrates a particularized showing 

2 described in subitems (AA) and (BB) 

3 of section 3132(a)(2)(C)(I)(aa) and 

4 details the information described in 

5 item (bb) of section 3132(a)(2)(C)(I). 

6 ‘‘(II) REDACTED DOCUMENTS.— 

7 The court shall consider and order 

8 redactions under this clause in accord9 ance with the procedures under sec10 tion 3132(a)(2)(C)(II). 

11 ‘‘(C) REVIEW BY COURT.—The court may, 

12 in its discretion, require the governmental enti13 ty to provide the factual basis for the certifi14 cation described in subparagraph (A) and may 

15 review that factual basis for sufficiency. 

16 ‘‘(D) NOTIFICATION.— 

17 ‘‘(i) IN GENERAL.—A governmental 

18 entity shall promptly notify the court once 

19 the governmental entity no longer has rea20 son to believe that the order is necessary 

21 to prevent an adverse result described in 

22 section 3132(a)(2)(B). 

23 ‘‘(ii) REVOCATION.—After being noti24 fied by the governmental entity under 

25 clause (i), the court shall revoke the order. 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 3888 IS

1 ‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV2 ERNMENTAL ACCESS.— 

3 ‘‘(1) AUTHORITY.— 

4 ‘‘(A) IN GENERAL.—Except as provided in 

5 paragraph (2) a governmental entity acting 

6 under section 2703 or section 3123 may apply 

7 to a court for— 

8 ‘‘(i) an order commanding a provider 

9 of electronic communications service or re10 mote computing service to whom a crimi11 nal surveillance order, as defined in section 

12 3131, or subpoena is directed, not to notify 

13 any other person of the existence of the 

14 criminal surveillance order or subpoena; or 

15 ‘‘(ii) an order commanding a person 

16 owning or leasing the line or other facility 

17 to which the pen register or a trap and 

18 trace device is attached or applied, or who 

19 is obligated by the order to provide assist20 ance to the applicant, not to notify any 

21 other person of the existence of a pen reg22 ister or trap and trace device, as such 

23 terms are defined in section 3127. 

24 ‘‘(B) CRIMINAL SURVEILLANCE ORDERS.— 

25 The court may enter an order described in subVerDate Sep 11 2014 03:33 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 3888 IS

1 paragraph (A) with respect to a criminal sur2 veillance order only if the criminal surveillance 

3 order is sealed in accordance with chapter 

4 206A, and only for the period during which the 

5 sealing order is in effect. 

6 ‘‘(C) SUBPOENAS.— 

7 ‘‘(i) IN GENERAL.—The court shall 

8 enter an order described in subparagraph 

9 (A) with respect to a subpoena for a period 

10 not to exceed 180 days after the return 

11 date of the subpoena if the governmental 

12 entity certifies that there is reason to be13 lieve that failure to issue the order will 

14 have an adverse result described in section 

15 3132(a)(2)(B). 

16 ‘‘(ii) EXTENSIONS.— 

17 ‘‘(I) IN GENERAL.—The court 

18 shall grant a single extension of an 

19 order described in subparagraph (A) 

20 with respect to a subpoena for a pe21 riod not to exceed 180 days upon the 

22 governmental entity’s motion, based 

23 on a renewed certification that failure 

24 to extend the order will have an adVerDate Sep 11 2014 03:33 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

pbinns on DSKJLVW7X2PROD with BILLS
35 

•S 3888 IS

1 verse result described in section 

2 3132(a)(2)(B). 

3 ‘‘(II) SUBSEQUENT EXTEN4 SIONS.— 

5 ‘‘(aa) IN GENERAL.—For 

6 any extension after an extension 

7 under subclause (I), the court 

8 may grant an extension of an 

9 order described in subparagraph 

10 (A) with respect to a subpoena 

11 for up to 180 days, upon the gov12 ernmental entity’s motion, if the 

13 governmental entity demonstrates 

14 a particularized showing de15 scribed in subitems (AA) and 

16 (BB) of section 

17 3132(a)(2)(C)(I)(aa) and details 

18 the information described in item 

19 (bb) of section 3132(a)(2)(C)(I). 

20 ‘‘(bb) REDACTED DOCU21 MENTS.—The court shall con22 sider and order redactions under 

23 this subclause in accordance with 

24 the procedures under section 

25 3132(a)(2)(C)(II). 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•S 3888 IS

1 ‘‘(iii) REVIEW BY COURT.—The court 

2 may, in its discretion, require the govern3 mental entity to provide the factual basis 

4 for the certification described in clause (i) 

5 and may review that factual basis for suffi6 ciency. 

7 ‘‘(iv) NOTIFICATION.— 

8 ‘‘(I) IN GENERAL.—A govern9 mental entity shall promptly notify 

10 the court once the governmental enti11 ty no longer has reason to believe that 

12 the order is necessary to prevent an 

13 adverse result described in section 

14 3132(a)(2)(B). 

15 ‘‘(II) REVOCATION.—After being 

16 notified by the governmental entity, 

17 the court shall revoke the order. 

18 ‘‘(D) LIMITATIONS.—Preclusion of notice 

19 orders that may be issued only under subpara20 graph (A)(i) to criminal surveillance orders or 

21 subpoenas that are listed in the preclusion of 

22 notice order. 

23 ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 

24 apply to— 


pbinns on DSKJLVW7X2PROD with BILLS
37 

•S 3888 IS

1 ‘‘(A) any person to whom disclosure is nec2 essary in order to comply with the request; 

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

4 advice or assistance regarding the request; or 

5 ‘‘(C) any other person as permitted by the 

6 court. 

7 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

8 this subsection may be construed to prohibit a re9 cipient of an order under this subsection from chal10 lenging the order on grounds that the order violates 

11 the Constitution of the United States or, in the case 

12 of an order issued by a State or Tribal court, the 

13 State or Tribal constitution. 

14 ‘‘(c) REPORTS CONCERNING PRECLUSION OF NOTICE

15 ORDERS.— 

16 ‘‘(1) IN GENERAL.—In January of each year, 

17 any judge who has issued an order (or an extension 

18 thereof) under subsection (b) that expired during the 

19 preceding year, or who has denied approval of a re20 quest for a preclusion of notice order, shall report to 

21 the Administrative Office of the United States 

22 Courts— 

23 ‘‘(A) the fact that an order or extension 

24 was applied for; 


pbinns on DSKJLVW7X2PROD with BILLS
38 

•S 3888 IS

1 ‘‘(B) the fact that the order or extension 

2 was granted as applied for, was modified, or 

3 was denied; 

4 ‘‘(C) the period of the preclusion of notice 

5 required by the order, and the number and du6 ration of any extensions of the order; 

7 ‘‘(D) the nature of the offense or criminal 

8 investigation that was the basis for the under9 lying criminal surveillance order; 

10 ‘‘(E) the name of each provider of elec11 tronic communication service or remote com12 puting service served with the order, if so 

13 granted; and 

14 ‘‘(F) the investigative or law enforcement 

15 agency that submitted the application. 

16 ‘‘(2) PUBLIC REPORT.—In June of each year, 

17 the Director of the Administrative Office of the 

18 United States Courts shall publish on the website of 

19 the Administrative Office of the United States 

20 Courts and include in the report required under sec21 tion 2519(3)— 

22 ‘‘(A) a full and complete report con23 cerning— 

24 ‘‘(i) the number of applications for or25 ders authorizing or approving the preVerDate Sep 11 2014 03:33 Mar 23, 2022 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S3888.IS S3888

pbinns on DSKJLVW7X2PROD with BILLS
39 

•S 3888 IS

1 clusion of notice pursuant to this section; 

2 and 

3 ‘‘(ii) the number of orders and exten4 sions granted or denied pursuant to this 

5 section during the preceding calendar year; 

6 and 

7 ‘‘(B) a detailed summary and analysis of 

8 each category of data required to be reported 

9 under paragraph (1). 

10 ‘‘(3) FORMAT.—Not later than 180 days after 

11 the date of enactment of this section, the Director 

12 of the Administrative Office of the United States 

13 Courts shall, in consultation with the National Insti14 tute of Standards and Technology and the Adminis15 trator of General Services, private entities offering 

16 electronic case management software, the National 

17 Center for State Courts, and the National American 

18 Indian Court Judges Association, publish a machine 

19 readable form that shall be used for any report re20 quired under paragraph (1). 

21 ‘‘(4) REGULATIONS.—The Director of the Ad22 ministrative Office of the United States Courts may 

23 promulgate regulations with respect to the content 

24 and form of the reports required under paragraph 

25 (1). 


pbinns on DSKJLVW7X2PROD with BILLS
40 

•S 3888 IS

1 ‘‘(d) DURATION.—Any order issued under subsection 

2 (a) or (b) before the effective date of chapter 206A shall 

3 be for a period of not longer than 180 days.’’. 

4 (b) ADDITIONAL GROUNDS FOR ISSUING WAR5 RANT.—Section 3103a of title 18, United States Code, is 

6 amended— 

7 (1) in subsection (b)(3), by inserting ‘‘, not to 

8 exceed 180 days,’’ after ‘‘certain’’; 

9 (2) in subsection (c), by inserting ‘‘, not to ex10 ceed 180 days’’ before the period at the end; and 

11 (3) in subsection (d)(1)— 

12 (A) in subparagraph (C), by striking 

13 ‘‘and’’ at the end; 

14 (B) in subparagraph (D), by striking the 

15 period at the end and inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(E) the identification of the statute or 

18 rule of law authorizing the search and seizure 

19 of property or material.’’. 

20 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of sections for chapter 121 of title 18, United 

22 States Code, is amended by striking the item relating to 

23 section 2705 and inserting the following: 

‘‘2705. Delay and preclusion of notice.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
41 

•S 3888 IS

1 SEC. 6. INCENTIVES FOR STATE AND TRIBAL COURTS TO 

2 IMPLEMENT REQUIREMENTS. 

3 (a) AMENDMENTS.— 

4 (1) STORED COMMUNICATIONS.—Chapter 121 

5 of title 18, United States Code, is amended— 

6 (A) in section 2703, as amended by section 

7 4(a) of this Act, by inserting after ‘‘return pro8 cedures’’ each place the term appears the fol9 lowing: ‘‘and containing a certification that the 

10 court is acting in compliance with chapter 

11 206A’’; and 

12 (B) in section 2711(3)(B), by inserting 

13 ‘‘that is acting in compliance with chapter 

14 206A’’ after ‘‘search warrants’’. 

15 (2) WIRETAPPING.—Section 2516(2) of title 

16 18, United States Code, is amended by striking 

17 ‘‘The principal prosecuting attorney of any State’’ 

18 and inserting ‘‘If a State requires that courts in the 

19 state comply with chapter 206A, the principal pros20 ecuting attorney of that State’’. 

21 (3) PEN REGISTERS AND TRAP AND TRACE DE22 VICES.—Section 3122(a)(2) of title 18, United 

23 States Code, is amended by inserting ‘‘and if the 

24 State requires that courts in the state comply with 

25 chapter 206A,’’ after ‘‘law,’’. 


pbinns on DSKJLVW7X2PROD with BILLS
42 

•S 3888 IS

1 (4) FULL FAITH AND CREDIT.—The third un2 designated paragraph of section 1738 of title 28, 

3 United States Code, is amended by inserting ‘‘, pro4 vided that any criminal surveillance order, as defined 

5 in section 3131 of title 18, shall be entitled to full 

6 faith and credit only if the order contains a certifi7 cation that the court that issued the order is acting 

8 in compliance with the requirements of chapter 

9 206A of title 18’’ before the period at the end. 

10 (b) EFFECTIVE DATE.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the amendments made by subsection (a) 

13 shall take effect on the date that is 2 years after the 

14 date of enactment of this Act. 

15 (2) DELAYED APPLICABILITY FOR CERTAIN

16 STATE AND TRIBAL COURTS.—The amendments 

17 made by subsection (a) shall apply on and after the 

18 date that is 4 years after the date of enactment of 

19 this Act— 

20 (A) to a State or Tribal court that, on the 

21 date of enactment of this Act, does not offer 

22 electronic docketing or public online access to 

23 dockets; or 


pbinns on DSKJLVW7X2PROD with BILLS
43 

•S 3888 IS

1 (B) to any State or Tribal court that cer2 tifies that the court needs more time to comply 

3 with the requirements of the subsection. 

4 SEC. 7. MODERNIZING CRIMINAL SURVEILLANCE REPORTS. 

5 (a) REPORTS CONCERNING ACCESS TO CUSTOMER

6 COMMUNICATIONS OR RECORDS.— 

7 (1) IN GENERAL.—Section 2703 title 18, 

8 United States Code, as amended by section 4(5) of 

9 this Act, is amended by adding at the end the fol10 lowing: 

11 ‘‘(j) REPORTS CONCERNING ACCESS TO CUSTOMER

12 COMMUNICATIONS OR RECORDS.— 

13 ‘‘(1) IN GENERAL.—In January of each year, 

14 any judge who has issued an order under this sec15 tion or a warrant to obtain records described in this 

16 section, or who has denied approval of an application 

17 under this section during the preceding year, shall 

18 report to the Administrative Office of the United 

19 States Courts— 

20 ‘‘(A) the fact that the order or warrant 

21 was applied for; 

22 ‘‘(B) the type of records sought in the 

23 order or warrant; 

24 ‘‘(C) whether the order or warrant was— 

25 ‘‘(i) granted as applied for; 


pbinns on DSKJLVW7X2PROD with BILLS
44 

•S 3888 IS

1 ‘‘(ii) granted as modified; or 

2 ‘‘(iii) denied; 

3 ‘‘(D) the subsection of this section under 

4 which the application for the order or warrant 

5 was filed; 

6 ‘‘(E) the nature of the offense or criminal 

7 investigation that was the basis for the applica8 tion for the order or warrant; 

9 ‘‘(F) the name of each provider of elec10 tronic communication service or remote com11 puting service served with the order or warrant, 

12 if so granted; and 

13 ‘‘(G) the investigative or law enforcement 

14 agency that submitted the application. 

15 ‘‘(2) PUBLIC REPORT.—In June of each year, 

16 the Director of the Administrative Office of the 

17 United States Courts shall publish on the website of 

18 the Administrative Office of the United States 

19 Courts and include in the report required under sec20 tion 2519(3)— 

21 ‘‘(A) a full and complete report concerning 

22 the number of applications for orders or war23 rants requiring the disclosure of, during the 

24 preceding calendar year— 


pbinns on DSKJLVW7X2PROD with BILLS
45 

•S 3888 IS

1 ‘‘(i) the contents of wire or electronic 

2 communications in electronic storage under 

3 subsection (a); 

4 ‘‘(ii) the contents of wire or electronic 

5 communications in a remote computer 

6 service under subsection (b); and 

7 ‘‘(iii) records concerning electronic 

8 communication service or remote computer 

9 service under subsection (c); 

10 ‘‘(B) the number of orders and warrants 

11 granted or denied under this section during the 

12 preceding calendar year; and 

13 ‘‘(C) a detailed summary and analysis of 

14 each category of data required to be filed with 

15 the Administrative Office of the United States 

16 Courts under paragraph (1). 

17 ‘‘(3) FORMAT.—Not later than 180 days after 

18 the date of enactment of the Government Surveil19 lance Transparency Act of 2022, the Director of the 

20 Administrative Office of the United States Courts 

21 shall, in consultation with the National Institute of 

22 Standards and Technology, the Administrator of 

23 General Services, the Electronic Public Access Pub24 lic User Group, private entities offering electronic 

25 case management software, the National Center for 


pbinns on DSKJLVW7X2PROD with BILLS
46 

•S 3888 IS

1 State Courts, and the National American Indian 

2 Court Judges Association, publish a machine read3 able form that shall be used for any report required 

4 under paragraph (1). 

5 ‘‘(4) REGULATIONS.—The Director of the Ad6 ministrative Office of the United States Courts may 

7 issue binding regulations with respect to the content 

8 and form of the reports required under paragraph 

9 (1).’’. 

10 (2) TECHNICAL AND CONFORMING AMEND11 MENT.—Section 2519(3) of title 18, United States 

12 Code, is amended, in the first sentence, by inserting 

13 ‘‘publish on the website of the Administrative Office 

14 of the United States Courts’’ before ‘‘transmit’’. 

15 (b) REPORTS CONCERNING PEN REGISTERS AND

16 TRAP AND TRACE DEVICES.—Section 3126 of title 18, 

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

18 ‘‘§ 3126. Reports concerning pen registers and trap 

19 and trace devices 

20 ‘‘(a) IN GENERAL.—In January of each year, any 

21 judge who has issued an order (or an extension thereof) 

22 under section 3123 that expired during the preceding 

23 year, or who has denied approval of an installation and 

24 use of a pen register or trap and trace device during that 


pbinns on DSKJLVW7X2PROD with BILLS
47 

•S 3888 IS

1 year, shall report to the Administrative Office of the 

2 United States Courts— 

3 ‘‘(1) the fact that an order or extension was ap4 plied for; 

5 ‘‘(2) the kind of order or extension applied for; 

6 ‘‘(3) the fact that the order or extension was 

7 granted as applied for, was modified, or was denied; 

8 ‘‘(4) the period of installation and use of a pen 

9 register or trap and trace device authorized by the 

10 order, and the number and duration of any exten11 sions of the order; 

12 ‘‘(5) the offense specified in the order or appli13 cation, or extension of an order; 

14 ‘‘(6) the precise nature of the facilities affected 

15 and the precise nature of the information sought; 

16 and 

17 ‘‘(7) the investigative or law enforcement agen18 cy that submitted the application. 

19 ‘‘(b) PUBLIC REPORT.—In June of each year, the Di20 rector of the Administrative Office of the United States 

21 Courts shall publish on the website of the Administrative 

22 Office of the United States Courts and include in the re23 port required under section 2519(3)— 

24 ‘‘(1) a full and complete report concerning— 


pbinns on DSKJLVW7X2PROD with BILLS
48 

•S 3888 IS

1 ‘‘(A) the number of applications for orders 

2 authorizing or approving the installation and 

3 use of a pen register or trap and trace device 

4 pursuant to this chapter; and 

5 ‘‘(B) the number of orders and extensions 

6 granted or denied pursuant to this chapter dur7 ing the preceding calendar year; and 

8 ‘‘(2) a detailed summary and analysis of each 

9 category of data required to be reported under sub10 section (a). 

11 ‘‘(c) FORMAT.—Not later than 180 days after the 

12 date of enactment of the Government Surveillance Trans13 parency Act of 2022, the Director of the Administrative 

14 Office of the United States Courts shall, in consultation 

15 with the National Institute of Standards and Technology 

16 and the Administrator of General Services, private entities 

17 offering electronic case management software, the Na18 tional Center for State Courts, and the National American 

19 Indian Court Judges Association, publish a machine read20 able form that shall be used for any report required under 

21 subsection (a). 

22 ‘‘(d) REGULATIONS.—The Director of the Adminis23 trative Office of the United States Courts may issue bind24 ing regulations with respect to the content and form of 

25 the reports required under subsection (a).’’. 


pbinns on DSKJLVW7X2PROD with BILLS
49 

•S 3888 IS

1 (c) REPORTING OF EMERGENCY DISCLOSURES.— 

2 Section 2702(d) of title 18, United States Code, is amend3 ed, in the matter preceding paragraph (1), by inserting 

4 ‘‘and publish on the website of the Department of Justice’’ 

5 after ‘‘Senate’’. 

6 SEC. 8. GRANTS. 

7 (a) DEFINITIONS.—In this section— 

8 (1) the term ‘‘Indian Tribe’’ has the meaning 

9 given such term in section 102 of the Federally Rec10 ognized Indian Tribe List Act of 1994 (25 U.S.C. 

11 5130); and 

12 (2) the term ‘‘State’’ means each of the several 

13 States of the United States, the District of Colum14 bia, the Commonwealth of Puerto Rico, American 

15 Samoa, the Commonwealth of the Northern Mariana 

16 Islands, Guam, and the United States Virgin Is17 lands. 

18 (b) AUTHORITY.—The Attorney General shall make 

19 grants to State and Tribal court systems for the cost of 

20 implementing the requirements under the amendments 

21 made by this Act for the 5-year period beginning on the 

22 date of enactment of this Act. 

23 (c) MAXIMUM AMOUNT.—The total amount of grants 

24 awarded under this section shall be not greater than 

25 $25,000,000. 


pbinns on DSKJLVW7X2PROD with BILLS
50 

•S 3888 IS

1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated— 

3 (1) $1,000,000 to the Administrative Office of 

4 the United States Courts to implement the require5 ments of this Act and the amendments made by this 

6 Act; and 

7 (2) $25,000,000 to carry out the grant program 

8 under section 8. 

9 SEC. 10. SEVERABILITY. 

10 If any provision of this Act, an amendment made by 

11 this Act, or the application of such a provision or amend12 ment to any person or circumstance, is held to be uncon13 stitutional, the remaining provisions of and amendments 

14 made by this Act, and the application of the provision or 

15 amendment held to be unconstitutional to any other per16 son or circumstance, shall not be affected thereby. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS