II 

109TH CONGRESS 

1ST SESSION S. 737 

To amend the USA PATRIOT ACT to place reasonable limitations on the 

use of surveillance and the issuance of search warrants, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 6, 2005 

Mr. CRAIG (for himself, Mr. DURBIN, Mr. SUNUNU, Mr. FEINGOLD, Ms. MURKOWSKI, and Mr. SALAZAR) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To amend the USA PATRIOT ACT to place reasonable 

limitations on the use of surveillance and the issuance 

of search warrants, and for other purposes. 

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 ‘‘Security and Freedom 

5 Enhancement Act of 2005’’ or the ‘‘SAFE Act’’. 
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1 SEC. 2. LIMITATIONS ON ROVING WIRETAPS UNDER FOR2 EIGN INTELLIGENCE SURVEILLANCE ACT OF 

3 1978. 

4 Section 105(c) of the Foreign Intelligence Surveil5 lance Act of 1978 (50 U.S.C. 1805(c)) is amended— 

6 (1) in paragraph (1), by striking subparagraphs 

7 (A) and (B) and inserting the following: 

8 ‘‘(A)(i) the identity of the target of the 

9 electronic surveillance, if known; or 

10 ‘‘(ii) if the identity of the target is not 

11 known, a description of the target and the na12 ture and location of the facilities and places at 

13 which the electronic surveillance will be di14 rected; 

15 ‘‘(B)(i) the nature and location of each of 

16 the facilities or places at which the electronic 

17 surveillance will be directed, if known; or 

18 ‘‘(ii) if any of the facilities or places are 

19 not known, the identity of the target;’’; and 

20 (2) in paragraph (2)— 

21 (A) by redesignating subparagraphs (B) 

22 through (D) as subparagraphs (C) through (E), 

23 respectively; and 

24 (B) by inserting after subparagraph (A) 

25 the following: 
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1 ‘‘(B) in cases where the facility or place at 

2 which the surveillance will be directed is not 

3 known at the time the order is issued, that the 

4 electronic surveillance be conducted only when 

5 the presence of the target at a particular facil6 ity or place is ascertained by the person con7 ducting the surveillance;’’. 

8 SEC. 3. LIMITATIONS ON DELAYED NOTICE SEARCH WAR9 RANTS. 

10 (a) IN GENERAL.—Section 3103a(b) of title 18, 

11 United States Code, is amended— 

12 (1) in paragraph (1), by striking ‘‘may have an 

13 adverse result (as defined in section 2705);’’ and in14 serting ‘‘will— 

15 ‘‘(A) endanger the life or physical safety of 

16 an individual; 

17 ‘‘(B) result in flight from prosecution; 

18 ‘‘(C) result in the destruction of or tam19 pering with evidence; or 

20 ‘‘(D) result in intimidation of potential 

21 witnesses;’’; and 

22 (2) in paragraph (3), by striking ‘‘within a rea23 sonable period’’ and all that follows and inserting 

24 ‘‘not later than 7 days after the execution of the 

25 warrant, which period may be extended by the court 
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1 for an additional period of not more than 21 days 

2 each time the court finds reasonable cause to believe, 

3 pursuant to a request by the Attorney General, the 

4 Deputy Attorney General, or the Associate Attorney 

5 General, that notice of the execution of the warrant 

6 will— 

7 ‘‘(A) endanger the life or physical safety of 

8 an individual; 

9 ‘‘(B) result in flight from prosecution; 

10 ‘‘(C) result in the destruction of, or tam11 pering with, the evidence sought under the war12 rant; or 

13 ‘‘(D) result in intimidation of potential 

14 witnesses.’’. 

15 (b) REPORTS.—Section 3103a of title 18, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘(c) REPORTS.— 

19 ‘‘(1) IN GENERAL.—Every 6 months, the Attor20 ney General shall submit a report to Congress sum21 marizing, with respect to warrants under subsection 

22 (b), the requests made by the Department of Justice 

23 to delay notice and extend a delay of notice during 

24 the previous 6-month period. 
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1 ‘‘(2) CONTENTS.—Each report submitted under 

2 paragraph (1) shall include, for the preceding 6- 

3 month period— 

4 ‘‘(A) the number of requests to delay no5 tice with respect to warrants under subsection 

6 (b), categorized as granted, denied, or pending; 

7 ‘‘(B) for each request to delay notice that 

8 was granted, the number of requests to extend 

9 the delay of notice, categorized as granted, de10 nied, or pending; and 

11 ‘‘(C) on an aggregate basis, the nature of 

12 the crime being investigated for each request to 

13 delay notice that was granted or denied. 

14 ‘‘(3) PUBLIC AVAILABILITY.—The Attorney 

15 General shall make the report submitted under para16 graph (1) available to the public.’’. 

17 SEC. 4. PRIVACY PROTECTIONS FOR LIBRARY, BOOK18 SELLER, AND OTHER PERSONAL RECORDS 

19 UNDER FOREIGN INTELLIGENCE SURVEIL20 LANCE ACT OF 1978. 

21 (a) APPLICATIONS FOR ORDERS.—Section 501(b)(2) 

22 of the Foreign Intelligence Surveillance Act of 1978 (50 

23 U.S.C. 1861(b)(2)) is amended— 

24 (1) by striking ‘‘shall specify that the records’’ 

25 and inserting ‘‘shall specify that— 
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1 ‘‘(A) the records’’; 

2 (2) by striking the period at the end and insert3 ing the following: ‘‘; and’’; and 

4 (3) by inserting at the end the following: 

5 ‘‘(B) there are specific and articulable 

6 facts giving reason to believe that the person to 

7 whom the records pertain is a foreign power or 

8 an agent of a foreign power.’’. 

9 (b) ORDERS.—Section 501(c) of the Foreign Intel10 ligence Surveillance Act of 1978 (50 U.S.C. 1861(c)) is 

11 amended— 

12 (1) in paragraph (1), by striking ‘‘finds that’’ 

13 and all that follows and inserting ‘‘finds that— 

14 ‘‘(A) there are specific and articulable facts giv15 ing reason to believe that the person to whom the 

16 records pertain is a foreign power or an agent of a 

17 foreign power; and 

18 ‘‘(B) the application meets the other require19 ments of this section.’’; and 

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

21 ‘‘(3) An order under this subsection shall not— 

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

23 held to be unreasonable if contained in a subpoena 

24 duces tecum issued by a court of the United States 
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1 in aid of a grand jury investigation of espionage or 

2 international terrorism; or 

3 ‘‘(B) require the production of any documen4 tary evidence which would be privileged from disclo5 sure if demanded by a subpoena duces tecum issued 

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

7 jury investigation of espionage or international ter8 rorism. 

9 ‘‘(4) An order under this subsection must provide no10 tice of the recipient’s right to file a petition under sub11 section (f) and explain the procedures for doing so.’’. 

12 (c) NONDISCLOSURE.—Section 501(d) of Foreign In13 telligence Surveillance Act of 1978 (50 U.S.C. 1861(d)) 

14 is amended to read as follows: ‘‘ 

15 ‘‘(d) NONDISCLOSURE.— 

16 ‘‘(1) IN GENERAL.—No person who receives an 

17 order under subsection (c) shall disclose to any per18 son that the Federal Bureau of Investigation has 

19 sought or obtained tangible things under this section 

20 for 180 days after receipt of such order. 

21 ‘‘(2) EXCEPTION.—A person who receives an 

22 order under subsection (c) may disclose that the 

23 Federal Bureau of Investigation has sought or ob24 tained tangible things under this section to— 
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1 ‘‘(A) those persons to whom disclosure is 

2 necessary in order to comply with an order 

3 under this section; or 

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

5 advice regarding such order. 

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

7 Bureau of Investigation, or a designee of the Direc8 tor (whose rank shall be no lower than Assistant 

9 Special Agent in Charge), may apply for an order 

10 prohibiting disclosure that the Federal Bureau of In11 vestigation has sought or obtained access to tangible 

12 things under this section for an additional 180 days. 

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

14 order pursuant to this subsection shall be made to— 

15 ‘‘(A) a judge of the court established under 

16 section 103(a); or 

17 ‘‘(B) a United States Magistrate Judge 

18 under chapter 43 of title 28, who is publicly 

19 designated by the Chief Justice of the United 

20 States to have the power to hear applications 

21 and grant orders for the production of tangible 

22 things under this section on behalf of a judge 

23 of the court established under section 103(a). 

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

25 for an order pursuant to this subsection must state 
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1 specific and articulable facts giving the applicant 

2 reason to believe that disclosure that the Federal 

3 Bureau of Investigation has sought or obtained tan4 gible things under this section will result in— 

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

6 of any person; 

7 ‘‘(B) flight from prosecution; 

8 ‘‘(C) destruction of or tampering with evi9 dence; 

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

11 ‘‘(E) otherwise seriously endangering the 

12 national security of the United States by alert13 ing a target, a target’s associates, or the for14 eign power of which the target is an agent, of 

15 the Government’s interest in the target. 

16 ‘‘(6) STANDARD.—The judge may issue an ex 

17 parte order pursuant to this subsection if the judge 

18 determines there is reason to believe that disclosure 

19 that the Federal Bureau of Investigation has sought 

20 or obtained access to tangible things under this sec21 tion will result in— 

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

23 of any person; 

24 ‘‘(B) flight from prosecution; 
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1 ‘‘(C) destruction of or tampering with evi2 dence; 

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

4 ‘‘(E) otherwise seriously endangering the 

5 national security of the United States by alert6 ing a target, a target’s associates, or the for7 eign power of which the target is an agent, of 

8 the Government’s interest in the target. 

9 ‘‘(7) RENEWAL.—An order under this sub10 section may be renewed for additional periods of up 

11 to 180 days upon another application meeting the 

12 requirements of paragraph (5) and a determination 

13 by the court that the circumstances described in 

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

15 (d) JUDICIAL REVIEW.—Section 501 of the Foreign 

16 Intelligence Surveillance Act of 1978 (50 U.S.C. 1861) is 

17 amended by adding at the end the following: 

18 ‘‘(f) JUDICIAL REVIEW.— 

19 ‘‘(1) ORDER FOR PRODUCTION.—Not later than 

20 20 days after the service upon any person of an 

21 order pursuant to subsection (c), or at any time be22 fore the return date specified in the order, whichever 

23 period is shorter, such person may file, in the court 

24 established under section 103(a) or in the district 

25 court of the United States for the judicial district 
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1 within which such person resides, is found, or trans2 acts business, a petition for such court to modify or 

3 set aside such order. The time allowed for compli4 ance with the order in whole or in part as deemed 

5 proper and ordered by the court shall not run during 

6 the pendency of such petition in the court. Such pe7 tition shall specify each ground upon which the peti8 tioner relies in seeking relief, and may be based 

9 upon any failure of such order to comply with the 

10 provisions of this section or upon any constitutional 

11 or other legal right or privilege of such person. 

12 ‘‘(2) NONDISCLOSURE ORDER.— 

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

14 from disclosing information under subsection 

15 (d) may file, in the courts established by section 

16 103(a) or in the district court of the United 

17 States for the judicial district within which such 

18 person resides, is found, or transacts business, 

19 a petition for such court to set aside the non20 disclosure requirement. Such petition shall 

21 specify each ground upon which the petitioner 

22 relies in seeking relief, and may be based upon 

23 any failure of the nondisclosure requirement to 

24 comply with the provisions of this section or 
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1 upon any constitutional or other legal right or 

2 privilege of such person. 

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

4 aside the nondisclosure requirement unless the 

5 court determines that there is reason to believe 

6 that disclosure of the order under subsection (c) 

7 will result in— 

8 ‘‘(i) endangering the life or physical 

9 safety of any person; 

10 ‘‘(ii) flight from prosecution; 

11 ‘‘(iii) destruction of or tampering with 

12 evidence; 

13 ‘‘(iv) intimidation of potential wit14 nesses; or 

15 ‘‘(v) otherwise seriously endangering 

16 the national security of the United States 

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

18 or the foreign power of which the target is 

19 an agent, of the Government’s interest in 

20 the target. 

21 ‘‘(3) RULEMAKING.— 

22 ‘‘(A) IN GENERAL.—Not later than 180 

23 days after the date of enactment of the Security 

24 and Freedom Enhancement Act of 2005, the 

25 courts established pursuant to section 103(a) 
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1 shall establish such rules and procedures and 

2 take such actions as are reasonably necessary to 

3 administer their responsibilities under this sub4 section. 

5 ‘‘(B) REPORTING.—Not later than 30 days 

6 after promulgating rules and procedures under 

7 subparagraph (A), the courts established pursu8 ant to section 103(a) shall transmit a copy of 

9 the rules and procedures, unclassified to the 

10 greatest extent possible (with a classified annex, 

11 if necessary), to the Committee on the Judici12 ary and the Select Committee on Intelligence of 

13 the Senate and the Committee on the Judiciary 

14 and the Permanent Select Committee on Intel15 ligence of the House of Representatives. 

16 ‘‘(4) DISCLOSURES TO PETITIONERS.—In mak17 ing determinations under this subsection, the court 

18 shall disclose to the petitioner, the counsel of the pe19 titioner, or both, under the procedures and stand20 ards provided in the Classified Information Proce21 dures Act (18 U.S.C. App.), portions of the applica22 tion, order, or other related materials unless the 

23 court finds that such disclosure would not assist in 

24 determining any legal or factual issue pertinent to 

25 the case.’’. 
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1 (e) USE OF INFORMATION.—Section 501 of the For2 eign Intelligence Surveillance Act of 1978 (50 U.S.C. 

3 1861), as amended by subsection (d), is amended by add4 ing at the end the following: 

5 ‘‘(g) USE OF INFORMATION.— 

6 ‘‘(1) IN GENERAL.— 

7 ‘‘(A) CONSENT.—Any tangible things or 

8 information acquired from an order pursuant to 

9 this section concerning any United States per10 son may be used and disclosed by Federal offi11 cers and employees without the consent of the 

12 United States person only in accordance with 

13 the provisions of this subsection. 

14 ‘‘(B) USE AND DISCLOSURE.—No tangible 

15 things or information acquired from an order 

16 pursuant to this section may be used or dis17 closed by Federal officers or employees except 

18 for lawful purposes. 

19 ‘‘(2) DISCLOSURE FOR LAW ENFORCEMENT

20 PURPOSES.—No tangible things or information ac21 quired pursuant to this section shall be disclosed for 

22 law enforcement purposes unless such disclosure is 

23 accompanied by a statement that such tangible 

24 things or information, or any information derived 

25 therefrom, may only be used in a criminal pro-
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1 ceeding with the advance authorization of the Attor2 ney General. 

3 ‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE

4 BY THE UNITED STATES.—Whenever the United 

5 States intends to enter into evidence or otherwise 

6 use or disclose in any trial, hearing, or other pro7 ceeding in or before any court, department, officer, 

8 agency, regulatory body, or other authority of the 

9 United States against an aggrieved person any tan10 gible things or information obtained or derived from 

11 an order pursuant to this section, the United States 

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

13 or at a reasonable time before an effort to so dis14 close or so use the tangible things or information or 

15 submit them in evidence, notify the aggrieved person 

16 and the court or other authority in which the tan17 gible things or information are to be disclosed or 

18 used that the United States intends to so disclose or 

19 so use such tangible things or information. 

20 ‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE

21 BY STATE OR POLITICAL SUBDIVISION.—Whenever 

22 any State or political subdivision thereof intends to 

23 enter into evidence or otherwise use or disclose in 

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

25 any court, department, officer, agency, regulatory 
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1 body, or other authority of the State or political sub2 division thereof against an aggrieved person any tan3 gible things or information obtained or derived from 

4 an order pursuant to this section, the State or polit5 ical subdivision thereof shall notify the aggrieved 

6 person, the court or other authority in which the 

7 tangible things or information are to be disclosed or 

8 used, and the Attorney General that the State or po9 litical subdivision thereof intends to so disclose or so 

10 use such tangible things or information. 

11 ‘‘(5) MOTION TO SUPPRESS.— 

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

13 against whom evidence obtained or derived from 

14 an order pursuant to this section is to be, or 

15 has been, introduced or otherwise used or dis16 closed in any trial, hearing, or other proceeding 

17 in or before any court, department, officer, 

18 agency, regulatory body, or other authority of 

19 the United States, or a State or political sub20 division thereof, may move to suppress the evi21 dence obtained or derived from the order, as the 

22 case may be, on the grounds that— 

23 ‘‘(i) the tangible things or information 

24 were acquired in violation of the Constitu25 tion or laws of the United States; or 
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1 ‘‘(ii) the order was not in conformity 

2 with the requirements of this section. 

3 ‘‘(B) TIMING.—A motion under subpara4 graph (A) shall be made before the trial, hear5 ing, or other proceeding unless there was no op6 portunity to make such a motion or the ag7 grieved person concerned was not aware of the 

8 grounds of the motion. 

9 ‘‘(6) JUDICIAL REVIEW.— 

10 ‘‘(A) IN GENERAL.—Whenever— 

11 ‘‘(i) a court or other authority is noti12 fied pursuant to paragraph (3) or (4); 

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

14 paragraph (5); or 

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

16 by an aggrieved person pursuant to any 

17 other statute or rule of the United States 

18 or any State before any court or other au19 thority of the United States or any State 

20 to— 

21 ‘‘(I) discover or obtain applica22 tions, orders, or other materials relat23 ing to an order issued pursuant to 

24 this section; or 
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1 ‘‘(II) discover, obtain, or sup2 press evidence or information obtained 

3 or derived from an order issued pur4 suant to this section; 

5 the United States district court or, where the 

6 motion is made before another authority, the 

7 United States district court in the same district 

8 as the authority shall, notwithstanding any 

9 other provision of law and if the Attorney Gen10 eral files an affidavit under oath that disclosure 

11 would harm the national security of the United 

12 States, review in camera the application, order, 

13 and such other related materials as may be nec14 essary to determine whether the order was law15 fully authorized and served. 

16 ‘‘(B) DISCLOSURE.—In making a deter17 mination under subparagraph (A), unless the 

18 court finds that such disclosure would not assist 

19 in determining any legal or factual issue perti20 nent to the case, the court shall disclose to the 

21 aggrieved person, the counsel of the aggrieved 

22 person, or both, under the procedures and 

23 standards provided in the Classified Informa24 tion Procedures Act (18 U.S.C. App.), portions 

25 of the application, order, or other related mate-
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1 rials, or evidence or information obtained or de2 rived from the order. 

3 ‘‘(7) EFFECT OF DETERMINATION OF LAWFUL4 NESS.— 

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

6 States district court determines pursuant to 

7 paragraph (6) that the order was not author8 ized or served in compliance with the Constitu9 tion or laws of the United States, the court 

10 may, in accordance with the requirements of 

11 law, suppress the evidence which was unlawfully 

12 obtained or derived from the order or otherwise 

13 grant the motion of the aggrieved person. 

14 ‘‘(B) LAWFUL ORDERS.—If the court de15 termines that the order was lawfully authorized 

16 and served, it may deny the motion of the ag17 grieved person except to the extent that due 

18 process requires discovery or disclosure. 

19 ‘‘(8) BINDING FINAL ORDERS.—Orders grant20 ing motions or requests under paragraph (6), deci21 sions under this section that an order was not law22 fully authorized or served, and orders of the United 

23 States district court requiring review or granting 

24 disclosure of applications, orders, or other related 

25 materials shall be final orders and binding upon all 
20 

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1 courts of the United States and the several States 

2 except a United States court of appeals or the Su3 preme Court.’’. 

4 (f) OVERSIGHT OF REQUESTS FOR PRODUCTION OF

5 RECORDS.—Section 502(a) of the Foreign Intelligence 

6 Surveillance Act of 1978 (50 U.S.C. 1862(a)) is amended 

7 to read as follows: 

8 ‘‘(a) On a semiannual basis, the Attorney General 

9 shall, with respect to all requests for the production of 

10 tangible things under section 501, fully inform— 

11 ‘‘(1) the Select Committee on Intelligence of the 

12 Senate; 

13 ‘‘(2) the Committee on the Judiciary of the 

14 Senate; 

15 ‘‘(3) the Permanent Select Committee on Intel16 ligence of the House of Representatives; and 

17 ‘‘(4) the Committee on the Judiciary of the 

18 House of Representatives.’’. 

19 (g) DEFINITION.—Title V of the Foreign Intelligence 

20 Surveillance Act of 1978 (50 U.S.C. 1861 et seq.) is 

21 amended by adding at the end the following: 

22 ‘‘SEC. 503. DEFINITIONS. 

23 ‘‘In this title, the following definitions apply: 

24 ‘‘(1) IN GENERAL.—Except as provided in this 

25 section, terms used in this title that are also used 
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1 in title I shall have the meanings given such terms 

2 by section 101. 

3 ‘‘(2) AGGRIEVED PERSON.—The term ‘ag4 grieved person’ means any person whose tangible 

5 things or information were acquired pursuant to an 

6 order under this title.’’. 

7 SEC. 5. PROCEDURAL PROTECTIONS FOR NATIONAL SECU8 RITY LETTERS. 

9 (a) STANDARD.— 

10 (1) TITLE 18.—Section 2709(b) of title 18, 

11 United States Code, is amended— 

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

13 there are specific and articulable facts giving 

14 reason to believe that the name, address, length 

15 of service, and toll billing records sought per16 tain to a foreign power or agent of a foreign 

17 power’’ after ‘‘clandestine intelligence activi18 ties’’; and 

19 (B) in paragraph (2), by striking ‘‘, pro20 vided that such an investigation’’ and all that 

21 follows and inserting the following: ‘‘and there 

22 are specific and articulable facts giving reason 

23 to believe that communications facilities reg24 istered in the name of the person or entity have 
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1 been used, through the services of such pro2 vider, in communication with— 

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

4 engaged in international terrorism or clandes5 tine intelligence activities that involve or may 

6 involve a violation of the criminal statutes of 

7 the United States; or 

8 ‘‘(B) a foreign power or an agent of a for9 eign power, 

10 provided that such investigation of a United States 

11 person is not conducted solely upon the basis of ac12 tivities protected by the first amendment of the Con13 stitution of the United States.’’. 

14 (2) FINANCIAL INSTITUTIONS.—Section 

15 1114(a)(5)(A) of the Right to Financial Privacy Act 

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

17 inserting ‘‘and there are specific and articulable 

18 facts giving reason to believe that the records sought 

19 pertain to a foreign power or agent of a foreign 

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

21 (3) CONSUMER REPORTING AGENCY.— 

22 (A) IN GENERAL.—Section 625 of the Fair 

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

24 amended— 
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1 (i) in the second sentence of sub2 section (a), by inserting ‘‘and there are 

3 specific and articulable facts giving reason 

4 to believe that the information sought per5 tains to a foreign power or agent of a for6 eign power’’ after ‘‘clandestine intelligence 

7 activities’’; 

8 (ii) in the second sentence of sub9 section (b), by inserting ‘‘and there are 

10 specific and articulable facts giving reason 

11 to believe that the consumer is a foreign 

12 power or an agent of a foreign power or 

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

14 a foreign power or an agent of a foreign 

15 power’’ after ‘‘clandestine intelligence ac16 tivities’’; and 

17 (iii) in the first sentence of subsection 

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

19 and articulable facts giving reason to be20 lieve that the consumer report sought per21 tains to a foreign power or agent of a for22 eign power’’ after ‘‘clandestine intelligence 

23 activities’’. 

24 (B) GOVERNMENT AGENCIES.—Section 

25 626(a) of the Fair Credit Reporting Act (15 
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1 U.S.C. 1681v(a)) is amended by inserting ‘‘and 

2 there are specific and articulable facts giving 

3 reason to believe that the information sought 

4 pertains to a foreign power or agent of a for5 eign power’’ after ‘‘necessary for the agency’s 

6 conduct or such investigation, activity or anal7 ysis’’. 

8 (b) REQUIREMENTS.— 

9 (1) Section 2709(b) of title 18, United States 

10 Code, as amended by subsection (a)(1) is amended 

11 by— 

12 (A) redesignating paragraphs (1) and (2) 

13 as subparagraphs (A) and (B), respectively; 

14 (B) striking ‘‘The Director of the Federal 

15 Bureau of Investigation’’ and inserting the fol16 lowing: 

17 ‘‘(1) IN GENERAL.—The Director of the Fed18 eral Bureau of Investigation’’; and 

19 (C) adding after paragraph (1), as amend20 ed by subparagraph (B), the following: 

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

22 shall not— 

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

24 held to be unreasonable if contained in a subpoena 

25 duces tecum issued by a court of the United States 
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1 in aid of a grand jury investigation of espionage or 

2 international terrorism; or 

3 ‘‘(B) require the production of any documen4 tary evidence which would be privileged from disclo5 sure if demanded by a subpoena duces tecum issued 

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

7 jury investigation of espionage or international ter8 rorism. 

9 ‘‘(3) NOTICE.—A request under this subsection must 

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

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

12 so.’’. 

13 (2) REQUEST FOR INFORMATION FROM FINAN14 CIAL INSTITUTIONS.—Section 1114(a)(5)(A) of the 

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

16 3414(a)(5)(A)), as amended by subsection (a)(2), is 

17 amended by— 

18 (A) redesignating ‘‘Financial institutions’’ 

19 and everything that follows as clause (i); and 

20 (B) adding after clause (i) the following 

21 new clauses: 

22 ‘‘(ii) A request under this subsection shall 

23 not— 

24 ‘‘(I) contain any requirement which would 

25 be held to be unreasonable if contained in a 
26 

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1 subpoena duces tecum issued by a court of the 

2 United States in aid of a grand jury investiga3 tion of espionage or international terrorism; or 

4 ‘‘(II) require the production of any docu5 mentary evidence which would be privileged 

6 from disclosure if demanded by a subpoena 

7 duces tecum issued by a court of the United 

8 States in aid of a grand jury investigation of es9 pionage or international terrorism. 

10 ‘‘(iii) A request under this subsection must pro11 vide notice of the recipient’s right to file a petition 

12 under subparagraph (E) of this paragraph and ex13 plain the procedures for doing so.’’. 

14 (3) REQUEST FOR INFORMATION FROM CON15 SUMER REPORTING AGENCIES.—Section 625 of the 

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

17 amended by adding at the end the following: 

18 ‘‘(n) LIMITATION.— 

19 ‘‘(1) A request under this section shall not— 

20 ‘‘(A) contain any requirement which would 

21 be held to be unreasonable if contained in a 

22 subpoena duces tecum issued by a court of the 

23 United States in aid of a grand jury investiga24 tion of espionage or international terrorism; or 
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1 ‘‘(B) require the production of any docu2 mentary evidence which would be privileged 

3 from disclosure if demanded by a subpoena 

4 duces tecum issued by a court of the United 

5 States in aid of a grand jury investigation of es6 pionage or international terrorism. 

7 ‘‘(2) A request under this section must provide 

8 notice of the recipient’s right to file a petition under 

9 subsection (o) and explain the procedures for doing 

10 so.’’. 

11 (4) REQUEST FOR INFORMATION FROM CON12 SUMER REPORTING AGENCIES BY GOVERNMENTAL

13 AGENCIES.—Section 626(b) of the Fair Credit Re14 porting Act (15 U.S.C. 1681v(b)) is amended by— 

15 (A) redesignating ‘‘The certification de16 scribed’’ and all that follows as paragraph (1); 

17 and 

18 (B) adding after paragraph (1) the fol19 lowing new paragraphs: 

20 ‘‘(2) A request under this subsection shall 

21 not— 

22 ‘‘(A) contain any requirement which would 

23 be held to be unreasonable if contained in a 

24 subpoena duces tecum issued by a court of the 
28 

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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 ‘‘(3) A request under this subsection must pro10 vide notice of the recipient’s right to file a petition 

11 under subsection (f) and explain the procedures for 

12 doing so.’’. 

13 (c) NONDISCLOSURE.— 

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

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

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

17 ‘‘(1) IN GENERAL.—No wire or electronic com18 munication service provider, or officer, employee, or 

19 agent thereof, shall disclose to any person that the 

20 Federal Bureau of Investigation has sought or ob21 tained access to information or records under this 

22 section for 90 days after receipt of such request 

23 from the Bureau. 

24 ‘‘(2) EXCEPTION.—A wire or electronic commu25 nication service provider, or officer, employee, or 
29 

•S 737 IS

1 agent thereof, who receives an order under this sub2 section may disclose that the Federal Bureau of In3 vestigation has sought or obtained access to infor4 mation or records under this section to— 

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

6 necessary in order to comply with an order 

7 under this section; or 

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

9 advice regarding such order. 

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

11 Bureau of Investigation, or the Director’s designee 

12 in a position not lower than Deputy Assistant Direc13 tor at Bureau headquarters or a Special Agent in 

14 Charge of a Bureau field office designated by the 

15 Director, may apply for an order prohibiting disclo16 sure that the Federal Bureau of Investigation has 

17 sought or obtained access to information or records 

18 under this section for an additional 180 days. 

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

20 order pursuant to this subsection shall be filed in 

21 the district court of the United States in any district 

22 within which the authorized investigation that is the 

23 basis for a request pursuant to this section is being 

24 conducted. 
30 

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

2 for an order pursuant to this subsection must state 

3 specific and articulable facts giving the applicant 

4 reason to believe that disclosure that the Federal 

5 Bureau of Investigation has sought or obtained ac6 cess to information or records under this section will 

7 result in— 

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

9 of any person; 

10 ‘‘(B) flight from prosecution; 

11 ‘‘(C) destruction of or tampering with evi12 dence; 

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

14 ‘‘(E) otherwise seriously endangering the 

15 national security of the United States by alert16 ing a target, a target’s associates, or the for17 eign power of which the target is an agent, of 

18 the Government’s interest in the target. 

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

20 parte order pursuant to this subsection if the court 

21 determines there is reason to believe that disclosure 

22 that the Federal Bureau of Investigation has sought 

23 or obtained access to information or records under 

24 this section will result in— 
31 

•S 737 IS

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 ‘‘(7) RENEWAL.—An order under this sub13 section may be renewed for additional periods of up 

14 to 180 days upon another application meeting the 

15 requirements of paragraph (5) and a determination 

16 by the court that the circumstances described in 

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

18 (2) FINANCIAL INSTITUTIONS.—Section 

19 1114(a)(5)(D) of the Right to Financial Privacy Act 

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

21 read as follows: 

22 ‘‘(D) NONDISCLOSURE.— 

23 ‘‘(i) IN GENERAL.—No financial institution, or 

24 officer, employee, or agent of such institution, shall 

25 disclose to any person that the Federal Bureau of 
32 

•S 737 IS

1 Investigation has sought or obtained access to a cus2 tomer’s or entity’s financial records under this para3 graph for 90 days after receipt of such request from 

4 the Bureau. 

5 ‘‘(ii) EXCEPTION.—A financial institution, or 

6 officer, employee, or agent of such institution, who 

7 receives an order under this subparagraph may dis8 close that the Federal Bureau of Investigation has 

9 sought or obtained access to a customer’s or entity’s 

10 financial records to— 

11 ‘‘(I) those persons to whom disclosure is 

12 necessary in order to comply with a request 

13 under this subparagraph; or 

14 ‘‘(II) an attorney in order to obtain legal 

15 advice regarding such request. 

16 ‘‘(iii) EXTENSION.—The Director of the Fed17 eral Bureau of Investigation, or the Director’s des18 ignee in a position not lower than Deputy Assistant 

19 Director at Bureau headquarters or a Special Agent 

20 in Charge of a Bureau field office designated by the 

21 Director, may apply for an order prohibiting disclo22 sure that the Federal Bureau of Investigation has 

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

24 financial records under this paragraph for an addi25 tional 180 days. 
33 

•S 737 IS

1 ‘‘(iv) JURISDICTION.—An application for an 

2 order pursuant to this subsection shall be filed in 

3 the district court of the United States in any district 

4 within which the authorized investigation that is the 

5 basis for a request pursuant to this paragraph is 

6 being conducted. 

7 ‘‘(v) APPLICATION CONTENTS.—An application 

8 for an order pursuant to this subparagraph must 

9 state specific and articulable facts giving the appli10 cant reason to believe that disclosure that the Fed11 eral Bureau of Investigation has sought or obtained 

12 access to a customer’s or entity’s financial records 

13 under this paragraph will result in— 

14 ‘‘(I) endangering the life or physical safety 

15 of any person; 

16 ‘‘(II) flight from prosecution; 

17 ‘‘(III) destruction of or tampering with evi18 dence; 

19 ‘‘(IV) intimidation of potential witnesses; 

20 or 

21 ‘‘(V) otherwise seriously endangering the 

22 national security of the United States by alert23 ing a target, a target’s associates, or the for24 eign power of which the target is an agent, of 

25 the Government’s interest in the target. 
34 

•S 737 IS

1 ‘‘(vi) STANDARD.—The court may issue an ex 

2 parte order pursuant to this subparagraph if the 

3 court determines there is reason to believe that dis4 closure that the Federal Bureau of Investigation has 

5 sought or obtained access to a customer’s or entity’s 

6 financial records under this paragraph will result 

7 in— 

8 ‘‘(I) endangering the life or physical safety 

9 of any person; 

10 ‘‘(II) flight from prosecution; 

11 ‘‘(III) destruction of or tampering with evi12 dence; 

13 ‘‘(IV) intimidation of potential witnesses; 

14 or 

15 ‘‘(V) otherwise seriously endangering the 

16 national security of the United States by alert17 ing a target, a target’s associates, or the for18 eign power of which the target is an agent, of 

19 the Government’s interest in the target. 

20 ‘‘(vii) RENEWAL.—An order under this sub21 paragraph may be renewed for additional periods of 

22 up to 180 days upon another application meeting 

23 the requirements of clause (v) and a determination 

24 by the court that the circumstances described in 

25 clause (vi) of this subparagraph continue to exist.’’. 
35 

•S 737 IS

1 (3) CONSUMER REPORTING AGENCIES.—Section 

2 625(d) of the Fair Credit Reporting Act (15 U.S.C. 

3 1681u(d)) is amended to read as follows: 

4 ‘‘(d) CONFIDENTIALITY.— 

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

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

7 reporting agency, shall disclose to any person that 

8 the Federal Bureau of Investigation has sought or 

9 obtained the identity of financial institutions or a 

10 consumer report respecting any consumer under 

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

12 of a request or order under this section, and no con13 sumer reporting agency, or officer, employee, or 

14 agent of a consumer reporting agency, shall include 

15 in any consumer report any information that would 

16 indicate that the Federal Bureau of Investigation 

17 has sought or obtained such information or a con18 sumer report. 

19 ‘‘(2) EXCEPTION.—A consumer reporting agen20 cy or officer, employee, or agent of a consumer re21 porting agency who receives an order under this sub22 section may disclose that the Federal Bureau of In23 vestigation has sought or obtained the identity of fi24 nancial institutions or a consumer report respecting 

25 any consumer to— 
36 

•S 737 IS

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

2 a consumer reporting agency necessary to fulfill 

3 the requirement to disclose information to the 

4 Federal Bureau of Investigation under this sec5 tion; or 

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

7 advice regarding such requirement. 

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

9 Bureau of Investigation, or the Director’s designee 

10 in a position not lower than Deputy Assistant Direc11 tor at Bureau headquarters or a Special Agent in 

12 Charge of a Bureau field office designated by the 

13 Director, may apply for an order prohibiting disclo14 sure that the Federal Bureau of Investigation has 

15 sought or obtained access to information or records 

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

17 180 days. 

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

19 order pursuant to this subsection shall be filed in 

20 the district court of the United States in any district 

21 within which the authorized investigation that is the 

22 basis for a request or order pursuant to this section 

23 is being conducted. 

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

25 for an order pursuant to this subsection must state 
37 

•S 737 IS

1 specific and articulable facts giving the applicant 

2 reason to believe that disclosure that the Federal 

3 Bureau of Investigation has sought or obtained the 

4 identity of financial institutions or a consumer re5 port respecting any consumer under subsection (a), 

6 (b), or (c) will result in— 

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

8 of any person; 

9 ‘‘(B) flight from prosecution; 

10 ‘‘(C) destruction of or tampering with evi11 dence; 

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

13 ‘‘(E) otherwise seriously endangering the 

14 national security of the United States by alert15 ing a target, a target’s associates, or the for16 eign power of which the target is an agent, of 

17 the Government’s interest in the target. 

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

19 parte order pursuant to this subsection if the court 

20 determines there is reason to believe that disclosure 

21 that the Federal Bureau of Investigation has sought 

22 or obtained the identity of financial institutions or a 

23 consumer report respecting any consumer under 

24 subsection (a), (b), or (c) will result in— 
38 

•S 737 IS

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 ‘‘(7) RENEWAL.—An order under this sub13 section may be renewed for additional periods of up 

14 to 180 days upon another application meeting the 

15 requirements of paragraph (5) and a determination 

16 by the court that the circumstances described in 

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

18 (4) CONSUMER REPORTING AGENCIES REPORT19 ING TO GOVERNMENTAL AGENCIES.—Section 626(c) 

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

21 1681v(c)) is amended to read as follows: 

22 ‘‘(c) CONFIDENTIALITY.— 

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

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

25 reporting agency, shall disclose to any person or 
39 

•S 737 IS

1 specify in any credit report that a government agen2 cy has sought or obtained access to information 

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

4 request for such information. 

5 ‘‘(2) EXCEPTION.—A consumer reporting agen6 cy, or officer, employee, or agent of a consumer re7 porting agency, may disclose that a government 

8 agency has sought or obtained access to information 

9 under subsection (a) to— 

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

11 a consumer reporting agency necessary to fulfill 

12 the requirement to disclose information to the 

13 Federal Bureau of Investigation under this sec14 tion; or 

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

16 advice regarding such requirement. 

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

18 officer who signs a certification under subsection (b) 

19 may apply in any district court of the United States 

20 for an order prohibiting disclosure that a govern21 ment agency has sought or obtained access to infor22 mation under subsection (a) for an additional 180 

23 days. 

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

25 for an order pursuant to this subsection must state 
40 

•S 737 IS

1 specific and articulable facts giving the applicant 

2 reason to believe that disclosure that a government 

3 agency has sought or obtained access to information 

4 under subsection (a) will result in— 

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

6 of any person; 

7 ‘‘(B) flight from prosecution; 

8 ‘‘(C) destruction of or tampering with evi9 dence; 

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

11 ‘‘(E) otherwise seriously endangering the 

12 national security of the United States by alert13 ing a target, a target’s associates, or the for14 eign power of which the target is an agent, of 

15 the Government’s interest in the target. 

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

17 parte order pursuant to this subsection if the court 

18 determines there is reason to believe that disclosure 

19 that a government agency has sought or obtained 

20 access to information under subsection (a) will result 

21 in— 

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

23 of any person; 

24 ‘‘(B) flight from prosecution; 
41 

•S 737 IS

1 ‘‘(C) destruction of or tampering with evi2 dence; 

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

4 ‘‘(E) otherwise seriously endangering the 

5 national security of the United States by alert6 ing a target, a target’s associates, or the for7 eign power of which the target is an agent, of 

8 the Government’s interest in the target. 

9 ‘‘(6) RENEWAL.—An order under this sub10 section may be renewed for additional periods of up 

11 to 180 days upon another application meeting the 

12 requirements of paragraph (4) and a determination 

13 by the court that the circumstances described in 

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

15 (d) JUDICIAL REVIEW.— 

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

17 United States Code, is amended by— 

18 (A) redesignating subsection (e) as sub19 section (g); and 

20 (B) inserting after subsection (d) the fol21 lowing: 

22 ‘‘(e) JUDICIAL REVIEW.— 

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

24 any person receives a request pursuant to subsection 

25 (b), or at any time before the return date specified 
42 

•S 737 IS

1 in the request, whichever period is shorter, such per2 son may file, in the district court of the United 

3 States for the judicial district within which such per4 son resides, is found, or transacts business, a peti5 tion for such court to modify or set aside such re6 quest. The time allowed for compliance with the re7 quest in whole or in part as deemed proper and or8 dered by the court shall not run during the pendency 

9 of such petition in the court. Such petition shall 

10 specify each ground upon which the petitioner relies 

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

12 of such request to comply with the provisions of this 

13 section or upon any constitutional or other legal 

14 right or privilege of such person. 

15 ‘‘(2) NONDISCLOSURE.— 

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

17 from disclosing information under subsection 

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

19 States for the judicial district within which such 

20 person resides, is found, or transacts business, 

21 a petition for the court to set aside the non22 disclosure requirement. Such petition shall 

23 specify each ground upon which the petitioner 

24 relies in seeking relief, and may be based upon 

25 any failure of the nondisclosure requirement to 
43 

•S 737 IS

1 comply with the provisions of this section or 

2 upon any constitutional or other legal right or 

3 privilege of such person. 

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

5 aside the nondisclosure requirement unless the 

6 court determines that there is a reason to be7 lieve that disclosure of the request under sub8 section (b) will result in— 

9 ‘‘(i) endangering the life or physical 

10 safety of any person; 

11 ‘‘(ii) flight from prosecution; 

12 ‘‘(iii) destruction of or tampering with 

13 evidence; 

14 ‘‘(iv) intimidation of potential wit15 nesses; or 

16 ‘‘(v) otherwise seriously endangering 

17 the national security of the United States 

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

19 or the foreign power of which the target is 

20 an agent, of the Government’s interest in 

21 the target. 

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

23 under this subsection, the court shall disclose to the 

24 petitioner, the counsel of the petitioner, or both, 

25 under the procedures and standards provided in the 
44 

•S 737 IS

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

2 App.), portions of the application, order, or other re3 lated materials unless the court finds that such dis4 closure would not assist in determining any legal or 

5 factual issue pertinent to the case.’’. 

6 (2) FINANCIAL RECORD REQUESTS.—Section 

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

8 1978 (12 U.S.C. 3414(a)(5)), as amended by sub9 sections (a), (b), and (c) of this section, is amended 

10 by adding at the end the following: 

11 ‘‘(E) JUDICIAL REVIEW.— 

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

13 after any person receives a request pursuant to sub14 paragraph (A), or at any time before the return date 

15 specified in the request, whichever period is shorter, 

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

17 United States for the judicial district within which 

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

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

20 request. The time allowed for compliance with the 

21 request in whole or in part as deemed proper and or22 dered by the court shall not run during the pendency 

23 of the petition in the court. The petition shall speci24 fy each ground upon which the petitioner relies in 

25 seeking relief, and may be based upon any failure of 
45 

•S 737 IS

1 the request to comply with the provisions of this 

2 paragraph or upon any constitutional or other legal 

3 right or privilege of the petitioner. 

4 ‘‘(ii) NONDISCLOSURE.— 

5 ‘‘(I) IN GENERAL.—A person prohibited 

6 from disclosing information under subpara7 graph (D) may file, in the district court of the 

8 United States for the judicial district within 

9 which the recipient resides, is found, or trans10 acts business, a petition for the court to set 

11 aside the nondisclosure requirement. The peti12 tion shall specify each ground upon which the 

13 petitioner relies in seeking the relief, and may 

14 be based upon any failure of the nondisclosure 

15 requirement to comply with the provisions of 

16 this section or upon any constitutional or other 

17 legal right or privilege of the petitioner. 

18 ‘‘(II) STANDARD.—The court shall set 

19 aside the nondisclosure requirement unless the 

20 court determines that there is a reason to be21 lieve that disclosure of the request under sub22 paragraph (A) will result in— 

23 ‘‘(aa) endangering the life or physical 

24 safety of any person; 

25 ‘‘(bb) flight from prosecution; 
46 

•S 737 IS

1 ‘‘(cc) destruction of or tampering with 

2 evidence; 

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

5 ‘‘(ee) 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 ‘‘(iii) DISCLOSURE.—In making determinations 

12 under this subparagraph, the court shall disclose to 

13 the 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 (3) CONSUMER REPORT REQUESTS.—Section 

21 625 of the Fair Credit Reporting Act (15 U.S.C. 

22 1681u), as amended by subsection (b) of this sec23 tion, is amended by adding at the end the following: 

24 ‘‘(o) JUDICIAL REVIEW.— 
47 

•S 737 IS

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

2 after any person receives a request or order pursu3 ant to subsection (a), (b), or (c), or at any time be4 fore the return date specified in the request or 

5 order, whichever period is shorter, such person may 

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

7 judicial district within which such person resides, is 

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

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

10 allowed for compliance with the request or order in 

11 whole or in part as deemed proper and ordered by 

12 the court shall not run during the pendency of the 

13 petition in the court. The petition shall specify each 

14 ground upon which the petitioner relies in seeking 

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

16 request or order to comply with the provisions of 

17 this section or upon any constitutional or other legal 

18 right or privilege of the petitioner. 

19 ‘‘(2) NONDISCLOSURE.— 

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

21 from disclosing information under subsection 

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

23 States for the judicial district within which the 

24 recipient resides, is found, or transacts busi25 ness, a petition for the court to set aside the 
48 

•S 737 IS

1 nondisclosure requirement. The petition shall 

2 specify each ground upon which the petitioner 

3 relies in seeking the relief, and may be based 

4 upon any failure of the nondisclosure require5 ment to comply with the provisions of this sec6 tion or upon any constitutional or other legal 

7 right or privilege of the petitioner. 

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

9 aside the nondisclosure requirement unless the 

10 court determines that there is a reason to be11 lieve that disclosure of request or order under 

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

13 ‘‘(i) endangering the life or physical 

14 safety of any person; 

15 ‘‘(ii) flight from prosecution; 

16 ‘‘(iii) destruction of or tampering with 

17 evidence; 

18 ‘‘(iv) intimidation of potential wit19 nesses; or 

20 ‘‘(v) otherwise seriously endangering 

21 the national security of the United States 

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

23 or the foreign power of which the target is 

24 an agent, of the Government’s interest in 

25 the target. 
49 

•S 737 IS

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 (4) CONSUMER REPORT REQUESTS BY GOVERN11 MENTAL AGENCIES.—Section 626 of the Fair Credit 

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

13 adding at the end the following: 

14 ‘‘(f) JUDICIAL REVIEW.— 

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

16 after any person receives a request pursuant to sub17 section (a), or at any time before the return date 

18 specified in the request, whichever period is shorter, 

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

20 United States for the judicial district within which 

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

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

23 request. The time allowed for compliance with the 

24 request in whole or in part as deemed proper and or25 dered by the court shall not run during the pendency 
50 

•S 737 IS

1 of the petition in the court. The petition shall speci2 fy each ground upon which the petitioner relies in 

3 seeking the relief, and may be based upon any fail4 ure of the request to comply with the provisions of 

5 this section or upon any constitutional or other legal 

6 right or privilege of the petitioner. 

7 ‘‘(2) NONDISCLOSURE.— 

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

9 from disclosing information under subsection 

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

11 States for the judicial district within which the 

12 recipient resides, is found, or transacts busi13 ness, a petition for the court to set aside the 

14 nondisclosure requirement. The petition shall 

15 specify each ground upon which the petitioner 

16 relies in seeking the relief, and may be based 

17 upon any failure of the nondisclosure require18 ment to comply with the provisions of this sec19 tion or upon any constitutional or other legal 

20 right or privilege of the petitioner. 

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

22 aside the nondisclosure requirement unless the 

23 court determines that there is a reason to be24 lieve that disclosure of the request under sub25 section (a) will result in— 
51 

•S 737 IS

1 ‘‘(i) endangering the life or physical 

2 safety of any person; 

3 ‘‘(ii) flight from prosecution; 

4 ‘‘(iii) destruction of or tampering with 

5 evidence; 

6 ‘‘(iv) intimidation of potential wit7 nesses; or 

8 ‘‘(v) otherwise seriously endangering 

9 the national security of the United States 

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

11 or the foreign power of which the target is 

12 an agent, of the Government’s interest in 

13 the target. 

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

15 under this subsection, the court shall disclose to the 

16 petitioner, the counsel of the petitioner, or both, 

17 under the procedures and standards provided in the 

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

19 App.), portions of the application, order, or other re20 lated materials unless the court finds that such dis21 closure would not assist in determining any legal or 

22 factual issue pertinent to the case.’’. 

23 (e) USE OF INFORMATION.— 

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

25 United States Code, as amended by subsection (d), 
52 

•S 737 IS

1 is amended by inserting after subsection (e) the fol2 lowing: 

3 ‘‘(f) USE OF INFORMATION.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) CONSENT.—Any information ac6 quired from a request pursuant to this section 

7 concerning any United States person may be 

8 used and disclosed by Federal officers and em9 ployees without the consent of the United 

10 States person only in accordance with the provi11 sions of this subsection. 

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

13 acquired from an order pursuant to this section 

14 may be used or disclosed by Federal officers or 

15 employees except for lawful purposes. 

16 ‘‘(2) DISCLOSURE FOR LAW ENFORCEMENT

17 PURPOSES.—No information acquired pursuant to 

18 this section shall be disclosed for law enforcement 

19 purposes unless such disclosure is accompanied by a 

20 statement that such information, or any information 

21 derived therefrom, may only be used in a criminal 

22 proceeding with the advance authorization of the At23 torney General. 

24 ‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE

25 BY THE UNITED STATES.—Whenever the United 
53 

•S 737 IS

1 States intends to enter into evidence or otherwise 

2 use or disclose in any trial, hearing, or other pro3 ceeding in or before any court, department, officer, 

4 agency, regulatory body, or other authority of the 

5 United States against an aggrieved person any infor6 mation obtained or derived from a request pursuant 

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

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

9 time before an effort to so disclose or so use this in10 formation or submit it in evidence, notify the ag11 grieved person and the court or other authority in 

12 which the information is to be disclosed or used that 

13 the United States intends to so disclose or so use 

14 such information. 

15 ‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE

16 BY STATE OR POLITICAL SUBDIVISION.—Whenever 

17 any State or political subdivision thereof intends to 

18 enter into evidence or otherwise use or disclose in 

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

20 any court, department, officer, agency, regulatory 

21 body, or other authority of the State or political sub22 division thereof against an aggrieved person any in23 formation obtained or derived from a request pursu24 ant to this section, the State or political subdivision 

25 thereof shall notify the aggrieved person, the court 
54 

•S 737 IS

1 or other authority in which the information is to be 

2 disclosed or used, and the Attorney General that the 

3 State or political subdivision thereof intends to so 

4 disclose or so use such information. 

5 ‘‘(5) MOTION TO SUPPRESS.— 

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

7 against whom evidence obtained or derived from 

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

9 has been, introduced or otherwise used or dis10 closed in any trial, hearing, or other proceeding 

11 in or before any court, department, officer, 

12 agency, regulatory body, or other authority of 

13 the United States, or a State or political sub14 division thereof, may move to suppress the evi15 dence obtained or derived from the request, as 

16 the case may be, on the grounds that— 

17 ‘‘(i) the information was acquired in 

18 violation of the Constitution or laws of the 

19 United States; or 

20 ‘‘(ii) the request was not in con21 formity with the requirements of this sec22 tion. 

23 ‘‘(B) TIMING.—A motion under subpara24 graph (A) shall be made before the trial, hear25 ing, or other proceeding unless there was no op-
55 

•S 737 IS

1 portunity to make such a motion or the ag2 grieved person concerned was not aware of the 

3 grounds of the motion. 

4 ‘‘(6) JUDICIAL REVIEW.— 

5 ‘‘(A) IN GENERAL.—Whenever— 

6 ‘‘(i) a court or other authority is noti7 fied pursuant to paragraph (3) or (4); 

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

9 paragraph (5); or 

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

11 by an aggrieved person pursuant to any 

12 other statute or rule of the United States 

13 or any State before any court or other au14 thority of the United States or any State 

15 to— 

16 ‘‘(I) discover or obtain materials 

17 relating to a request issued pursuant 

18 to this section; or 

19 ‘‘(II) discover, obtain, or sup20 press evidence or information obtained 

21 or derived from a request issued pur22 suant to this section; 

23 the United States district court or, where the 

24 motion is made before another authority, the 

25 United States district court in the same district 
56 

•S 737 IS

1 as the authority shall, notwithstanding any 

2 other provision of law and if the Attorney Gen3 eral files an affidavit under oath that disclosure 

4 would harm the national security of the United 

5 States, review in camera the materials as may 

6 be necessary to determine whether the request 

7 was lawful. 

8 ‘‘(B) DISCLOSURE.—In making a deter9 mination under subparagraph (A), unless the 

10 court finds that such disclosure would not assist 

11 in determining any legal or factual issue perti12 nent to the case, the court shall disclose to the 

13 aggrieved person, the counsel of the aggrieved 

14 person, or both, under the procedures and 

15 standards provided in the Classified Informa16 tion Procedures Act (18 U.S.C. App.), portions 

17 of the application, order, or other related mate18 rials, or evidence or information obtained or de19 rived from the order. 

20 ‘‘(7) EFFECT OF DETERMINATION OF LAWFUL21 NESS.— 

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

23 States district court determines pursuant to 

24 paragraph (6) that the request was not in com25 pliance with the Constitution or laws of the 
57 

•S 737 IS

1 United States, the court may, in accordance 

2 with the requirements of law, suppress the evi3 dence which was unlawfully obtained or derived 

4 from the request or otherwise grant the motion 

5 of the aggrieved person. 

6 ‘‘(B) LAWFUL ORDERS.—If the court de7 termines that the request was lawful, it may 

8 deny the motion of the aggrieved person except 

9 to the extent that due process requires dis10 covery or disclosure. 

11 ‘‘(8) BINDING FINAL ORDERS.—Orders grant12 ing motions or requests under paragraph (6), deci13 sions under this section that a request was not law14 ful, and orders of the United States district court 

15 requiring review or granting disclosure of applica16 tions, orders, or other related materials shall be final 

17 orders and binding upon all courts of the United 

18 States and the several States except a United States 

19 court of appeals or the Supreme Court. 

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

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

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

23 Foreign Intelligence Surveillance Act of 1978 (50 

24 U.S.C. 1801(b)); 
58 

•S 737 IS

1 ‘‘(2) the term ‘aggrieved person’ means a per2 son whose name, address, length of service, or local 

3 or long distance toll records were sought or obtained 

4 under this section; and 

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

6 given such term by section 101(a) of the Foreign In7 telligence Surveillance Act of 1978 (50 U.S.C. 

8 1801(a)).’’. 

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

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

11 3414) is amended by inserting after subsection (b) 

12 the following: 

13 ‘‘(c) USE OF INFORMATION.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) CONSENT.—Any information ac16 quired from a request pursuant to this section 

17 concerning any United States person may be 

18 used and disclosed by Federal officers and em19 ployees without the consent of the United 

20 States person only in accordance with the provi21 sions of this subsection. 

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

23 acquired from an order pursuant to this section 

24 may be used or disclosed by Federal officers or 

25 employees except for lawful purposes. 
59 

•S 737 IS

1 ‘‘(2) DISCLOSURE FOR LAW ENFORCEMENT

2 PURPOSES.—No information acquired pursuant to 

3 this section shall be disclosed for law enforcement 

4 purposes unless the disclosure is accompanied by a 

5 statement that the information, or any information 

6 derived therefrom, may only be used in a criminal 

7 proceeding with the advance authorization of the At8 torney General. 

9 ‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE

10 BY THE UNITED STATES.—Whenever the United 

11 States intends to enter into evidence or otherwise 

12 use or disclose in any trial, hearing, or other pro13 ceeding in or before any court, department, officer, 

14 agency, regulatory body, or other authority of the 

15 United States against an aggrieved person any infor16 mation obtained or derived from a request pursuant 

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

18 trial, hearing, or other proceeding, or at a reason19 able time before an effort to so disclose or so use 

20 this information or submit it in evidence, notify the 

21 aggrieved person and the court or other authority in 

22 which the information is to be disclosed or used that 

23 the United States intends to so disclose or so use 

24 such information. 
60 

•S 737 IS

1 ‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE

2 BY STATE OR POLITICAL SUBDIVISION.—Whenever 

3 any State or political subdivision thereof intends to 

4 enter into evidence or otherwise use or disclose in 

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

6 any court, department, officer, agency, regulatory 

7 body, or other authority of the State or political sub8 division thereof against an aggrieved person any in9 formation obtained or derived from a request pursu10 ant to this section, the State or political subdivision 

11 thereof shall notify the aggrieved person, the court 

12 or other authority in which the information is to be 

13 disclosed or used, and the Attorney General that the 

14 State or political subdivision thereof intends to so 

15 disclose or so use such information. 

16 ‘‘(5) MOTION TO SUPPRESS.— 

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

18 against whom evidence obtained or derived from 

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

20 has been, introduced or otherwise used or dis21 closed in any trial, hearing, or other proceeding 

22 in or before any court, department, officer, 

23 agency, regulatory body, or other authority of 

24 the United States, or a State or political sub25 division thereof, may move to suppress the evi-
61 

•S 737 IS

1 dence obtained or derived from the request, as 

2 the case may be, on the grounds that— 

3 ‘‘(i) the information was acquired in 

4 violation of the Constitution or laws of the 

5 United States; or 

6 ‘‘(ii) the request was not in con7 formity with the requirements of this sec8 tion. 

9 ‘‘(B) TIMING.—A motion to suppress 

10 under subparagraph (A) shall be made before 

11 the trial, hearing, or other proceeding unless 

12 there was no opportunity to make such a mo13 tion or the aggrieved person concerned was not 

14 aware of the grounds of the motion. 

15 ‘‘(6) JUDICIAL REVIEW.— 

16 ‘‘(A) IN GENERAL.—Whenever— 

17 ‘‘(i) a court or other authority is noti18 fied pursuant to paragraph (3) or (4); 

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

20 paragraph (5); or 

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

22 by an aggrieved person pursuant to any 

23 other statute or rule of the United States 

24 or any State before any court or other au-
62 

•S 737 IS

1 thority of the United States or any State 

2 to— 

3 ‘‘(I) discover or obtain materials 

4 relating to a request issued pursuant 

5 to this section; or 

6 ‘‘(II) discover, obtain, or sup7 press evidence or information obtained 

8 or derived from a request issued pur9 suant to this section; 

10 the United States district court or, where the 

11 motion is made before another authority, the 

12 United States district court in the same district 

13 as the authority shall, notwithstanding any 

14 other provision of law and if the Attorney Gen15 eral files an affidavit under oath that disclosure 

16 would harm the national security of the United 

17 States, review in camera the materials as may 

18 be necessary to determine whether the request 

19 was lawful. 

20 ‘‘(B) DISCLOSURE.—In making a deter21 mination under subparagraph (A), unless the 

22 court finds that such disclosure would not assist 

23 in determining any legal or factual issue perti24 nent to the case, the court shall disclose to the 

25 aggrieved person, the counsel of the aggrieved 
63 

•S 737 IS

1 person, or both, under the procedures and 

2 standards provided in the Classified Informa3 tion Procedures Act (18 U.S.C. App.), portions 

4 of the application, order, or other related mate5 rials, or evidence or information obtained or de6 rived from the order. 

7 ‘‘(7) EFFECT OF DETERMINATION OF LAWFUL8 NESS.— 

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

10 district court determines pursuant to paragraph 

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

12 the Constitution or laws of the United States, 

13 the court may, in accordance with the require14 ments of law, suppress the evidence which was 

15 unlawfully obtained or derived from the request 

16 or otherwise grant the motion of the aggrieved 

17 person. 

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

19 that the request was lawful, it may deny the 

20 motion of the aggrieved person except to the ex21 tent that due process requires discovery or dis22 closure. 

23 ‘‘(8) BINDING FINAL ORDERS.—Orders grant24 ing motions or requests under paragraph (6), deci25 sions under this section that a request was not law-
64 

•S 737 IS

1 ful, and orders of the United States district court 

2 requiring review or granting disclosure of applica3 tions, orders, or other related materials shall be final 

4 orders and binding upon all courts of the United 

5 States and the several States except a United States 

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

7 (3) CONSUMER REPORTS.—Section 625 of the 

8 Fair Credit Reporting Act (15 U.S.C. 1681u), as 

9 amended by subsections (b) and (d), is amended by 

10 adding at the end the following: 

11 ‘‘(p) USE OF INFORMATION.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) CONSENT.—Any information ac14 quired from a request or an order pursuant to 

15 this section concerning any United States per16 son may be used and disclosed by Federal offi17 cers and employees without the consent of the 

18 United States person only in accordance with 

19 the provisions of this subsection. 

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

21 acquired from an order pursuant to this section 

22 may be used or disclosed by Federal officers or 

23 employees except for lawful purposes. 

24 ‘‘(2) DISCLOSURE FOR LAW ENFORCEMENT

25 PURPOSES.—No information acquired pursuant to 
65 

•S 737 IS

1 this section shall be disclosed for law enforcement 

2 purposes unless the disclosure is accompanied by a 

3 statement that the information, or any information 

4 derived therefrom, may only be used in a criminal 

5 proceeding with the advance authorization of the At6 torney General. 

7 ‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE

8 BY THE UNITED STATES.—Whenever the United 

9 States intends to enter into evidence or otherwise 

10 use or disclose in any trial, hearing, or other pro11 ceeding in or before any court, department, officer, 

12 agency, regulatory body, or other authority of the 

13 United States against an aggrieved person any infor14 mation obtained or derived from a request or an 

15 order pursuant to this section, the United States 

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

17 or at a reasonable time before an effort to so dis18 close or so use this information or submit it in evi19 dence, notify the aggrieved person and the court or 

20 other authority in which the information is to be dis21 closed or used that the United States intends to so 

22 disclose or so use such information. 

23 ‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE

24 BY STATE OR POLITICAL SUBDIVISION.—Whenever 

25 any State or political subdivision thereof intends to 
66 

•S 737 IS

1 enter into evidence or otherwise use or disclose in 

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

3 any court, department, officer, agency, regulatory 

4 body, or other authority of the State or political sub5 division thereof against an aggrieved person any in6 formation obtained or derived from a request or an 

7 order pursuant to this section, the State or political 

8 subdivision thereof shall notify the aggrieved person, 

9 the court or other authority in which the informa10 tion is to be disclosed or used, and the Attorney 

11 General that the State or political subdivision there12 of intends to so disclose or so use such information. 

13 ‘‘(5) MOTION TO SUPPRESS.— 

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

15 against whom evidence obtained or derived from 

16 a request or an order pursuant to this section 

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

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

19 proceeding in or before any court, department, 

20 officer, agency, regulatory body, or other au21 thority of the United States, or a State or polit22 ical subdivision thereof, may move to suppress 

23 the evidence obtained or derived from the re24 quest or the order, as the case may be, on the 

25 grounds that— 
67 

•S 737 IS

1 ‘‘(i) the information was acquired in 

2 violation of the Constitution or laws of the 

3 United States; or 

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

5 in conformity with the requirements of this 

6 section. 

7 ‘‘(B) TIMING.—A motion to suppress 

8 under subparagraph (A) shall be made before 

9 the trial, hearing, or other proceeding unless 

10 there was no opportunity to make such a mo11 tion or the aggrieved person concerned was not 

12 aware of the grounds of the motion. 

13 ‘‘(6) JUDICIAL REVIEW.— 

14 ‘‘(A) IN GENERAL.—Whenever— 

15 ‘‘(i) a court or other authority is noti16 fied pursuant to paragraph (3) or (4); 

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

18 paragraph (5); or 

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

20 by an aggrieved person pursuant to any 

21 other statute or rule of the United States 

22 or any State before any court or other au23 thority of the United States or any State 

24 to— 
68 

•S 737 IS

1 ‘‘(I) discover or obtain materials 

2 relating to a request or an order 

3 issued pursuant to this section; or 

4 ‘‘(II) discover, obtain, or sup5 press evidence or information obtained 

6 or derived from a request or an order 

7 issued pursuant to this section; 

8 the United States district court or, where the 

9 motion is made before another authority, the 

10 United States district court in the same district 

11 as the authority shall, notwithstanding any 

12 other provision of law and if the Attorney Gen13 eral files an affidavit under oath that disclosure 

14 would harm the national security of the United 

15 States, review in camera the materials as may 

16 be necessary to determine whether the request 

17 or the order was lawful 

18 ‘‘(B) DISCLOSURE.—In making a deter19 mination under subparagraph (A), unless the 

20 court finds that such disclosure would not assist 

21 in determining any legal or factual issue perti22 nent to the case, the court shall disclose to the 

23 aggrieved person, the counsel of the aggrieved 

24 person, or both, under the procedures and 

25 standards provided in the Classified Informa-
69 

•S 737 IS

1 tion Procedures Act (18 U.S.C. App.), portions 

2 of the application, order, or other related mate3 rials, or evidence or information obtained or de4 rived from the order. 

5 ‘‘(7) EFFECT OF DETERMINATION OF LAWFUL6 NESS.— 

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

8 district court determines pursuant to paragraph 

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

10 compliance with the Constitution or laws of the 

11 United States, the court may, in accordance 

12 with the requirements of law, suppress the evi13 dence which was unlawfully obtained or derived 

14 from the request or the order or otherwise 

15 grant the motion of the aggrieved person. 

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

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

18 deny the motion of the aggrieved person except 

19 to the extent that due process requires dis20 covery or disclosure. 

21 ‘‘(8) BINDING FINAL ORDERS.—Orders grant22 ing motions or requests under paragraph (6), deci23 sions under this section that a request was not law24 ful, and orders of the United States district court 

25 requiring review or granting disclosure of applica-
70 

•S 737 IS

1 tions, orders, or other related materials shall be final 

2 orders and binding upon all courts of the United 

3 States and the several States except a United States 

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

5 (4) CONSUMER REPORTS REQUESTED BY GOV6 ERNMENTAL AGENCIES.—Section 626 of the Fair 

7 Credit Reporting Act (15 U.S.C. 1681v), as amend8 ed by subsection (d), is amended by adding at the 

9 end the following: 

10 ‘‘(g) USE OF INFORMATION.—Any information ac11 quired from a request pursuant to this section concerning 

12 any United States person may be used and disclosed by 

13 Federal officers and employees, a State, or a political sub14 division of a State without the consent of the United 

15 States person only in accordance with the procedures es16 tablished under section 625(p).’’. 

17 (f) DEFINITIONS.— 

18 (1) FINANCIAL RECORD REQUESTS.—Section 

19 1101 of the Right to Financial Privacy Act of 1978 

20 (12 U.S.C. 3401) is amended— 

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

22 the end; 

23 (B) in paragraph (8), by striking the pe24 riod and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 
71 

•S 737 IS

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

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

3 Foreign Intelligence Surveillance Act of 1978 (50 

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

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

6 person whose financial records are produced, dis7 closed, or otherwise made public without the consent 

8 of such person; and 

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

10 given such term by section 101(a) of the Foreign In11 telligence Surveillance Act of 1978 (50 U.S.C. 

12 1801(a)).’’. 

13 (2) CONSUMER REPORT REQUESTS.—Section 

14 603 of the Fair Credit Reporting Act (15 U.S.C. 

15 1681a) is amended by adding at the end the fol16 lowing: 

17 ‘‘(y) AGENT OF A FOREIGN POWER.—The term 

18 ‘agent of a foreign power’ has the meaning given such 

19 term by section 101(b) of the Foreign Intelligence Surveil20 lance Act of 1978 (50 U.S.C. 1801(b)). 

21 ‘‘(z) AGGRIEVED PERSON.—The term ‘aggrieved per22 son’ means any consumer or person whose consumer re23 port is produced, disclosed, or otherwise made public with24 out the consent of such consumer or person. 
72 

•S 737 IS

1 ‘‘(aa) FOREIGN POWER.—The term ‘foreign power’ 

2 has the meaning given such term by section 101(a) of the 

3 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 

4 1801(a)).’’. 

5 SEC. 6. PRIVACY PROTECTIONS FOR PEN REGISTERS AND 

6 TRAP AND TRACE DEVICES. 

7 (a) CRIMINAL AUTHORITY.— 

8 (1) APPLICATION FOR AN ORDER.—Section 

9 3122(b)(2) of title 18, United States Code, is 

10 amended by striking ‘‘a certification by the appli11 cant’’ and inserting ‘‘a statement by the applicant of 

12 specific and articulable facts showing there is reason 

13 to believe’’. 

14 (2) ISSUANCE OF AN ORDER.—Section 3123(a) 

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

16 (A) in paragraph (1), by striking ‘‘the at17 torney for the Government has certified to the 

18 court that the information likely to be obtained 

19 by such installation and use is relevant to an 

20 ongoing criminal investigation.’’ and inserting 

21 ‘‘the application meets the requirements of sec22 tion 3122.’’; and 

23 (B) in paragraph (2), by striking ‘‘the 

24 State law enforcement or investigative officer’’ 
73 

•S 737 IS

1 and all that follows and inserting ‘‘the applica2 tion meets the requirements of section 3122.’’. 

3 (3) REPORTING.—Section 3126 of title 18, 

4 United States Code, is amended— 

5 (A) in the matter preceding paragraph (1), 

6 by striking ‘‘law enforcement agencies of the 

7 Department of Justice’’ and inserting ‘‘attor8 neys for the Government’’; 

9 (B) in paragraph (4), by striking ‘‘and’’ at 

10 the end; 

11 (C) in paragraph (5), by striking the pe12 riod and inserting ‘‘; and’’; 

13 (D) in the matter preceding paragraph (1), 

14 by striking ‘‘The Attorney General’’ and insert15 ing the following: 

16 ‘‘(a) REPORT TO CONGRESS.—The Attorney Gen17 eral’’; and 

18 (E) by adding at the end the following: 

19 ‘‘(6) whether the application for the order and 

20 the applications for any extensions were granted as 

21 applied for, modified, or denied; 

22 ‘‘(7) the specific types of dialing, routing, ad23 dressing, or signaling information sought in the ap24 plication and obtained with the order; and 
74 

•S 737 IS

1 ‘‘(8) a summary of any litigation to which the 

2 Government is or was a party regarding the inter3 pretation of the provisions of this chapter. 

4 ‘‘(b) PUBLIC REPORT.—The Attorney General shall 

5 annually make public a full and complete report con6 cerning the number of applications for pen register orders 

7 and orders for trap and trace devices applied for pursuant 

8 to this chapter and the number of such orders and exten9 sions of such orders granted or denied pursuant to this 

10 chapter during the preceding calendar year. Such report 

11 shall include a summary and analysis of the data required 

12 to be reported to Congress under subsection (a).’’. 

13 (4) NOTICE.—Section 3123 of title 18, United 

14 States Code, is amended by adding at the end the 

15 following: 

16 ‘‘(e) NOTICE.— 

17 ‘‘(1) INVENTORY.—A court that receives an ap18 plication for an order or extension under section 

19 3122(a) shall cause to be served on the persons 

20 named in the application, and such other parties to 

21 communications as the court determines should re22 ceive notice in the interest of justice, an inventory, 

23 including— 

24 ‘‘(A) the fact of the application for an 

25 order or extension under section 3122(a) and 
75 

•S 737 IS

1 whether the court granted or denied such appli2 cation; and 

3 ‘‘(B) if the order or extension was grant4 ed— 

5 ‘‘(i) the date of the entry of such 

6 order or extension and the period of au7 thorized, approved, or disapproved use of 

8 the pen register or trap and trace device; 

9 ‘‘(ii) whether a pen register or trap 

10 and trace device was installed or used dur11 ing the period authorized; and 

12 ‘‘(iii) the specific types of dialing, 

13 routing, addressing, or signaling informa14 tion sought in the application and collected 

15 by the pen register or trap and trace de16 vice. 

17 ‘‘(2) TIMING.—The court shall serve notice 

18 under paragraph (1) within a reasonable time, but 

19 not later than 90 days after— 

20 ‘‘(A) the filing of the application for an 

21 order or extension under section 3122(a) that is 

22 denied; or 

23 ‘‘(B) the termination of the period of an 

24 order, or extensions thereof, that is granted. 
76 

•S 737 IS

1 ‘‘(3) DELAY.—The court may issue an ex parte 

2 order postponing the service of the inventory re3 quired under paragraph (1) upon a showing of good 

4 cause by an attorney for the Government. 

5 ‘‘(4) INSPECTION.—Upon the filing of a motion, 

6 the court may make available for inspection by a 

7 person served under paragraph (1), or counsel for 

8 such person, such portions of the collected commu9 nications, applications, and orders as the court de10 termines to be in the interest of justice.’’. 

11 (b) FOREIGN INTELLIGENCE AUTHORITY.—Section 

12 402(c)(2) of the Foreign Intelligence Surveillance Act of 

13 1978 (50 U.S.C. 1842(c)(2)) is amended by striking ‘‘a 

14 certification by the applicant’’ and inserting ‘‘a statement 

15 by the applicant of specific and articulable facts showing 

16 there is reason to believe’’. 

17 SEC. 7. MODIFICATION OF DEFINITION OF DOMESTIC TER18 RORISM. 

19 Section 2331(5) of title 18, United States Code, is 

20 amended— 

21 (1) by striking subparagraphs (A) and (B) and 

22 inserting the following: 

23 ‘‘(A) involve acts dangerous to human life 

24 that constitute a Federal crime of terrorism (as 
77 

•S 737 IS

1 that term is defined in section 2332b(g)(5)); 

2 and’’; and 

3 (2) by redesignating subparagraph (C) as sub4 paragraph (B). 

5 SEC. 8. PUBLIC REPORTING ON THE FOREIGN INTEL6 LIGENCE SURVEILLANCE ACT OF 1978. 

7 (a) IN GENERAL.—Section 601(a) of the Foreign In8 telligence Surveillance Act of 1978 (50 U.S.C. 1871(a)) 

9 is amended in the matter preceding paragraph (1)— 

10 (1) by striking ‘‘, in a manner consistent with 

11 the protection of national security,’’; and 

12 (2) by inserting ‘‘public’’ before ‘‘report’’. 

13 (b) REDACTION.—Section 601(a)(5) of the Foreign 

14 Intelligence Surveillance Act of 1978 (50 U.S.C. 

15 1871(a)(5)) is amended by inserting ‘‘, which may be re16 dacted in order to protect national security’’ after ‘‘that 

17 include significant construction or interpretation of the 

18 provisions of this Act’’. 

Æ