I 
118TH CONGRESS 
1ST SESSION H. R. 5331 
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 nondisclosure orders to providers, to prohibit indefinite sealing of 
criminal surveillance orders, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 1, 2023 
Mr. LIEU (for himself and Mr. DAVIDSON) introduced the following bill; which 
was 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 pro-
vided to targets, to reform the use of nondisclosure or-
ders to providers, to prohibit indefinite sealing of crimi-
nal surveillance orders, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Government Surveil-
lance Transparency Act of 2023’’. 
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SEC. 2. CRIMINAL SURVEILLANCE ORDERS. 
(a) IN GENERAL.—Part II of title 18, United States 
Code, is amended by inserting after chapter 206 the fol-
lowing: 
‘‘CHAPTER 206A—CRIMINAL 
SURVEILLANCE ORDERS 
‘‘Sec. 
‘‘3131. Definitions. 
‘‘3132. Criminal surveillance orders. 
‘‘3133. Request for unsealing or challenging redactions. 
‘‘§ 3131. Definitions 
‘‘In this chapter: 
‘‘(1) APPLICATION.—The term ‘application’— 
‘‘(A) means an application for a criminal 
surveillance order; and 
‘‘(B) includes all supporting affidavits and 
exhibits. 
‘‘(2) PEN
REGISTER; TRAP
AND
TRACE
DE-
VICE.—The terms ‘pen register’, and ‘trap and trace 
device’ have the meanings given the terms in section 
3127. 
‘‘(3) CRIMINAL
SURVEILLANCE
ORDER.—The 
term ‘criminal surveillance order’ means— 
‘‘(A) an order authorizing or approving the 
interception of a wire communication, oral com-
munication, or electronic communication under 
chapter 119 or under an equivalent State law; 
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‘‘(B) an order authorizing or approving the 
installation and use of a pen register or a trap 
and trace device under chapter 206 or under an 
equivalent State law; 
‘‘(C) an order for the installation of a mo-
bile tracking device under section 3117; 
‘‘(D) an order for disclosure under chapter 
121; 
‘‘(E) an order for a delay of notification or 
nondisclosure under section 2705; 
‘‘(F) a search or seizure warrant issued 
using the procedures described in the Federal 
Rules of Criminal Procedure or in the case of 
a State or Tribal court, issued using State or 
Tribal warrant procedures; 
‘‘(G) in the case of a court-martial or other 
proceeding under chapter 47 of title 10 (Uni-
form Code of Military Justice), a warrant or 
order issued under section 846 of that title; 
‘‘(H) a warrant under section 3103a; 
‘‘(I) an order under section 1651 of title 
28; 
‘‘(J) an order for third party assistance 
under section 2518(4) or section 3124; or 
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‘‘(K) an order to enforce the assistance ca-
pability and capacity requirements under sec-
tion 2522. 
‘‘(4) ELECTRONIC COMMUNICATION; ORAL COM-
MUNICATION; WIRE
COMMUNICATION.—The terms 
‘electronic communication’, ‘oral communication’, 
and ‘wire communication’ have the meanings given 
the terms in section 2510. 
‘‘(5) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given such term in section 102 of 
the Federally Recognized Indian Tribe List Act of 
1994 (25 U.S.C. 5130). 
‘‘(6) INVENTORY.—The term ‘inventory’ means 
the inventory and other materials— 
‘‘(A) returned to a Federal, State, or Trib-
al court or a court-martial or other proceeding 
under chapter 47 of title 10 (Uniform Code of 
Military Justice) in connection with the execu-
tion of a criminal surveillance order (including 
under paragraph (1)(D) or (2)(B) of rule 41(f) 
of the Federal Rules of Criminal Procedure, 
under comparable State warrant procedures, or 
under procedures applicable to a court-martial 
or other proceeding under chapter 47 of title 
10); or 
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‘‘(B) provided to persons and other parties 
described in section 2518(8)(d). 
‘‘(7) STATE.—The term ‘State’ means each of 
the several States of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, 
American Samoa, the Commonwealth of the North-
ern Mariana Islands, Guam, and the United States 
Virgin Islands. 
‘‘(8) SUBSTANTIALLY
PREVAILS.—The term 
‘substantially prevails’ has the meaning given the 
term in section 552(a)(4)(E) of title 5. 
‘‘§ 3132. Criminal surveillance orders 
‘‘(a) LIMITATION ON SEALING.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a court may not seal a criminal surveil-
lance order, application, or inventory for a period 
that extends after the later of— 
‘‘(A) date the order is executed; or 
‘‘(B) the date on which the authorized sur-
veillance ends. 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN
GENERAL.—An applicant for a 
criminal surveillance order may file a written 
request for the court to seal the criminal sur-
veillance order, the application, or the inventory 
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for a period not to exceed 180 days after the 
later of the date the order is executed or the 
date on which the authorized surveillance ends, 
which request the court shall grant if the appli-
cant certifies that there is reason to believe that 
failure to seal will have an adverse result de-
scribed in subparagraph (B). 
‘‘(B) ADVERSE RESULT.— 
‘‘(i) IN GENERAL.—An adverse result 
described in this subparagraph is— 
‘‘(I) endangering the life or phys-
ical safety of an individual; 
‘‘(II) flight from prosecution; 
‘‘(III) destruction of or tam-
pering with evidence; 
‘‘(IV) intimidation of potential 
witnesses; or 
‘‘(V) otherwise seriously jeopard-
izing the investigation to which the 
criminal surveillance order relates or 
unduly delaying a trial resulting from 
the investigation. 
‘‘(ii) OTHER REQUIREMENTS.— 
‘‘(I) IN GENERAL.—When certi-
fying an adverse result, the applicant 
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shall certify that there is reason to be-
lieve that the person whose informa-
tion is targeted by the order does not 
know— 
‘‘(aa) about the investiga-
tion; and 
‘‘(bb) that they are a target 
or person of interest in the inves-
tigation. 
‘‘(II) FAILURE TO CERTIFY.—If 
the applicant does not satisfy the re-
quirements of subclause (I)— 
‘‘(aa) the applicant must fol-
low the higher standard of judi-
cial review required by subpara-
graph (C)(ii); and 
‘‘(bb) the failure to satisfy 
such requirements shall be dis-
closed in both the criminal sur-
veillance order and any pre-
clusion of notice order issued for 
that criminal surveillance order. 
‘‘(iii) REVIEW BY COURT.—The court 
may, in its discretion, require the govern-
ment to provide the factual basis for the 
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certification described in clause (i) and 
may review that factual basis for suffi-
ciency. 
‘‘(iv) NOTIFICATION.— 
‘‘(I) 
IN
GENERAL.—For 
any 
criminal surveillance order, applica-
tion, or inventory that is sealed at the 
Government’s request, the Govern-
ment shall promptly notify the court if 
the Government no longer has reason 
to believe that removal of a seal will 
have an adverse result described in 
this subparagraph. 
‘‘(II) UNSEALING.—After being 
notified by the Government under 
subclause (I), the court shall unseal 
the criminal surveillance order, appli-
cation, or inventory. 
‘‘(C) EXTENSIONS.— 
‘‘(i) IN
GENERAL.—The court may 
grant a single extension of a sealing order 
for up to 180 days, upon the applicant’s 
motion, based on a renewed certification 
that failure to extend the sealing period 
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will have an adverse result described in 
subparagraph (B). 
‘‘(ii) HEIGHTENED JUDICIAL REVIEW 
OF SUBSEQUENT EXTENSIONS.— 
‘‘(I) IN GENERAL.—For any ex-
tension after an extension under 
clause (i), the court may grant an ex-
tension of a sealing order for up to 
180 days, upon the applicant’s mo-
tion, if the applicant— 
‘‘(aa) demonstrates— 
‘‘(AA) a particularized 
showing that failure to ex-
tend the sealing period will 
have an adverse result de-
scribed in subparagraph (B); 
and 
‘‘(BB) a particularized 
showing that the adverse re-
sult would not be avoided by 
redaction of specified words, 
phrases, or passages in the 
criminal surveillance order, 
application, 
or 
inventory; 
and 
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‘‘(bb) details— 
‘‘(AA) the nature of the 
investigation; 
‘‘(BB) 
the 
suspected 
crimes; 
‘‘(CC) the name of the 
target; and 
‘‘(DD) 
specific 
facts 
that substantiate the need 
for the extension. 
‘‘(II) REDACTED DOCUMENTS.— 
‘‘(aa) IN GENERAL.—If the 
court determines that an appli-
cant has met the requirements of 
subitem 
(AA) 
of 
subclause 
(I)(aa), but not the requirements 
of subitem (BB) of subclause 
(I)(aa), the court shall order the 
applicant to submit proposed 
redactions to each sealed docu-
ment. 
‘‘(bb) DISPOSITION.—After 
considering 
the 
proposed 
redactions of the applicant, if 
any, the court may order the ap-
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plicant to refile 1 or more sealed 
documents with such redactions 
as the court finds appropriate, 
direct the clerk to unseal the en-
tirety of 1 or more sealed docu-
ments, or order that 1 or more 
sealed documents remain under 
seal. 
‘‘(D) SEALING
OF
REJECTED
APPLICA-
TIONS AND UNEXECUTED CRIMINAL SURVEIL-
LANCE
ORDERS.—A court may, pursuant to 
subparagraph (A), seal an unexecuted criminal 
surveillance order, or a rejected application. 
‘‘(E) CHALLENGE
OF
ADVERSE
RESULT 
CERTIFICATION OR EXTENSION.— 
‘‘(i) IN GENERAL.—Any person sub-
ject to and seeking to challenge a pre-
clusion of notice order or any person seek-
ing to unseal a surveillance order, applica-
tion, or inventory may challenge— 
‘‘(I) a certification of the adverse 
result under this paragraph; or 
‘‘(II) the particularized showings 
and detailed information necessary for 
a second and subsequent extension. 
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‘‘(ii) HEIGHTENED STANDARD.—If an 
order under this paragraph or a preclusion 
of notice order for a subpoena or emer-
gency request is issued earlier than 1 year 
before the date on which a challenge under 
clause (i) is made, the requirements of 
subparagraph (C)(ii) shall apply to a war-
rant or order sealed in accordance with 
chapter 206A or the subpoena or emer-
gency request. 
‘‘(iii) COSTS.—If a person substan-
tially prevails in a challenge under this 
subparagraph, the court shall order the ap-
plicant for the criminal surveillance order 
at issue to pay the litigation costs of the 
person (including reasonable attorney’s 
fees). 
‘‘(b) DOCKETING AND PUBLICATION OF CRIMINAL 
SURVEILLANCE ORDERS, APPLICATIONS, INVENTORIES, 
AND ASSOCIATED DOCKET RECORDS.— 
‘‘(1) DOCKET RECORDS.—Except as provided in 
paragraph (2), regardless of whether a court seals a 
criminal surveillance order or application under this 
section, the public docket record for any criminal 
surveillance case shall— 
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‘‘(A) be made available as an open Govern-
ment data asset and under an open license, as 
such terms are defined in section 3502 of title 
44, 
and 
in 
a 
manner 
that 
facilitates 
downloading docket records in bulk, in accord-
ance with rules promulgated by the Judicial 
Conference of the United States, after consulta-
tion with the National Institute of Standards 
and Technology, the Administrator of General 
Services, the Electronic Public Access Public 
User Group, private entities offering electronic 
case management software, the National Center 
for State Courts, and the National American 
Indian Court Judges Association, on the 
website of the court; and 
‘‘(B) include, at a minimum— 
‘‘(i) the date and time the application 
was filed, the order was entered, and the 
warrant was returned to the court, where 
applicable; 
‘‘(ii) the type of order, including— 
‘‘(I) 
the 
statutory 
authority 
under which the order was issued; 
‘‘(II) the type of crime under in-
vestigation; 
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‘‘(III) the investigating agency; 
‘‘(IV) the duration of the re-
quested surveillance if any; 
‘‘(V) whether sealing and de-
ferred notice were requested, if so for 
how long; 
‘‘(VI) whether an order for third 
party assistance was requested; and 
‘‘(VII) disposition by the court, 
whether granted, modified, or denied; 
‘‘(iii) an index describing any subse-
quent filings or orders related to the case; 
‘‘(iv) the unique case number in ac-
cordance with paragraph (3); and 
‘‘(v) the date on which the seal will 
expire (unless extended pursuant to sub-
section (a)(2)(C)). 
‘‘(2) SHOWING
OF
ADVERSE
RESULT.—If an 
applicant in a sealed case demonstrates that public 
disclosure of any docket item listed in paragraph 
(1)(B)(ii) will have an adverse result described in 
subsection (a)(2)(B), the court may direct the clerk 
to withhold that item from the public docket record 
until the sealing order expires. 
‘‘(3) CASE NUMBER AND CAPTION.— 
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‘‘(A) IN GENERAL.—A court shall assign 
for each application— 
‘‘(i) a unique case number for every 
identified target, including for each unique 
street address, parcel, person, phone num-
ber, device, or account targeted; and 
‘‘(ii) a case caption providing only ge-
neric information about the type of order 
sought and the target of the order. 
‘‘(B) REQUIREMENTS.—A court shall as-
sign a case number and case caption under sub-
paragraph (A) in accordance with rules promul-
gated by the Judicial Conference of the United 
States, in consultation with the Electronic Pub-
lic Access Public User Group, or in the case of 
a State court, in accordance with rules promul-
gated by the highest court of the State, and in 
the case of a Tribal court, in accordance with 
rules promulgated by the highest court of the 
Indian Tribe. 
‘‘(4) COMPLIANCE WITH THE REHABILITATION 
ACT OF 1973.—Each criminal surveillance order, ap-
plication, inventory, and public docket record for any 
criminal surveillance case required under this sub-
section shall be published in a form that complies 
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with section 508 of the Rehabilitation Act of 1973 
(29 U.S.C. 794d). 
‘‘(5) NONDISCLOSURE ORDERS.—When apply-
ing for an order for nondisclosure under section 
2705, to prevent the disclosure of a subpoena— 
‘‘(A) the applicant for the order shall in-
clude a copy of the subpoena; and 
‘‘(B) the court shall docket the subpoena 
as part of the application for the order. 
‘‘(6) AUTOMATIC
UNSEALING
AND
NOTIFICA-
TION.—The court shall employ a technical mecha-
nism to automatically— 
‘‘(A) unseal criminal surveillance orders 
not later than the end of the next business day 
after the seal expires; and 
‘‘(B) provide notice, 10 business days be-
fore scheduled unsealing, to the law enforce-
ment agency that filed the application for the 
criminal surveillance order. 
‘‘(c) FILING.—An application and the inventory shall 
be filed electronically. 
‘‘§ 3133. 
Request 
for 
unsealing 
or 
challenging 
redactions 
‘‘(a) IN GENERAL.—Any person may submit a re-
quest to a court to— 
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‘‘(1) unseal an application for a criminal sur-
veillance order, a criminal surveillance order, or an 
inventory; or 
‘‘(2) challenge a redaction under section 
3132(a)(2)(C)(ii)(II). 
‘‘(b) FORM.—A request described in subsection (a) 
may be submitted as part of— 
‘‘(1) the particular criminal surveillance matter, 
including as a motion to unseal; or 
‘‘(2) as a stand-alone, separate case. 
‘‘(c) MULTIPLE APPLICATIONS
AND ORDERS UN-
SEALED.—A request described in subsection (a) may in-
clude more than 1 application for a criminal surveillance 
order, criminal surveillance order, or an inventory.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN
GENERAL.—Title 18, United States 
Code, is amended— 
(A) in section 2518(8)— 
(i) by striking paragraph (b); and 
(ii) by redesignating paragraphs (c) 
and (d) as subparagraphs (b) and (c), re-
spectively; 
(B) in section 3123, by striking subsection 
(d); and 
(C) in section 3103a(b)(1)— 
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(i) by striking ‘‘2705’’ and inserting 
‘‘3132)’’; and 
(ii) by striking ‘‘trial)’’ and inserting 
‘‘trial’’. 
(2) E-GOVERNMENT ACT OF 2002.— 
(A) IN GENERAL.—Section 205 of the E- 
Government Act of 2002 (44 U.S.C. 3501 note) 
is amended— 
(i) in subsection (a), by adding at the 
end the following: 
‘‘(8) Access to the substance of all applications 
for criminal surveillance orders, criminal surveillance 
orders, and inventories in a text searchable format 
in accordance with chapter 206A of title 18, United 
States Code.’’; and 
(ii) in subsection (c)— 
(I) by striking paragraph (2) and 
inserting the following: 
‘‘(2) EXCEPTIONS.— 
‘‘(A) IN GENERAL.—Documents that are 
filed that are not otherwise available to the 
public, such as documents filed under seal, shall 
not be made available online. 
‘‘(B) CRIMINAL SURVEILLANCE ORDERS.— 
Subparagraph (A) shall not apply to applica-
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tions for criminal surveillance orders, criminal 
surveillance orders, and inventories that are 
publicly available in accordance with chapter 
206A of title 18, United States Code.’’; and 
(II) in paragraph (3), by adding 
at the end the following: 
‘‘(D) The Supreme Court shall update the 
rules prescribed under subparagraph (A) to ad-
dress personal information included in criminal 
surveillance orders, applications, and inventories 
that are made available to the public.’’. 
(3) TABLE OF CHAPTERS.—The table of chap-
ters for part II of title 18, United States Code, is 
amended by inserting after the item relating to 
chapter 206 the following: 
‘‘206A. Criminal surveillance orders ......................................... 3121’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), the amendments made by this 
section shall take effect on the date that is 2 years 
after the date of enactment of this Act. 
(2) DELAYED
APPLICABILITY
FOR
CERTAIN 
STATE AND TRIBAL COURTS.— 
(A) IN
GENERAL.—Subsections (b)(1)(A) 
and (c) of section 3132 of title 18, United 
States Code, as added by subsection (a) of this 
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section, shall apply on and after the date that 
is 4 years after the date of enactment of this 
Act— 
(i) to a State or Tribal court that, on 
the date of enactment of this Act, does not 
offer electronic docketing or public online 
access to dockets; or 
(ii) to any State or Tribal court that 
certifies that the court needs more time to 
comply with the requirements of those sub-
sections. 
(3) AUTHORITY
TO
DELAY
ELECTRONIC
FIL-
ING.— 
(A) CERTIFICATION.— 
(i) FEDERAL COURTS.—The applica-
tion of subsection (c) of section 3132 of 
title 18, United States Code, as added by 
subsection (a) of this section, to Federal 
courts under paragraph (1) of this sub-
section shall be delayed for 1 year if the 
Director of the Administrative Office of 
the United States Courts certifies that the 
system used by Federal courts for elec-
tronic filing is not sufficiently secure. 
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(ii) STATE
AND
TRIBAL
COURTS.— 
The application of subsection (c) of section 
3132 of title 18, United States Code, as 
added by subsection (a) of this section, to 
a State or Tribal court under paragraph 
(1) or (2) of this subsection, as applicable, 
shall be delayed for 1 year if the chief 
judge of the highest court of the State or 
Tribe certifies that the system used by the 
State or Tribal court for electronic filing is 
not sufficiently secure. 
(B) CONTENTS.—A certification under 
subparagraph (A) shall include an estimate of 
the date by which the electronic filing system of 
the applicable court will be sufficiently secure. 
(C) RENEWAL OF DELAY.—The delay of 
the application of subsection (c) of section 3132 
of title 18, United States Code, as added by 
subsection (a) of this section, to Federal courts 
or to a State or Tribal court may be delayed for 
1 or more additional 1-year periods if the Di-
rector of the Administrative Office of the 
United States Courts or the chief judge of the 
highest court of the State or Tribe, respectively, 
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submits an additional certification in accord-
ance with subparagraphs (A) and (B). 
(D) 
PUBLICATION.—Any 
certification 
under this paragraph shall be— 
(i) made available on the website of 
the court system with respect to which the 
certification is submitted; and 
(ii) submitted to the Committee on 
the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of 
Representatives. 
(d) APPLICABILITY.— 
(1) DEFINITIONS.—In this subsection, the 
terms ‘‘application’’, ‘‘criminal surveillance order’’, 
and ‘‘inventory’’ have the meanings given such terms 
in section 3131 of title 18, United States Code, as 
added by subsection (a). 
(2) APPLICATION.—The amendments made by 
this section shall apply to— 
(A) any application filed or inventory re-
turned on or after the date described in sub-
section (d); and 
(B) any criminal surveillance order entered 
on or after the date described in subsection (d). 
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(3) RULE
OF
CONSTRUCTION
REGARDING 
UNSEALING.—Nothing in the amendments made by 
this section shall be construed to prohibit a court 
from unsealing— 
(A) a criminal surveillance order entered or 
inventory returned before the date described in 
subsection (d); or 
(B) an application for a criminal surveil-
lance order made before the date described in 
subsection (d). 
(4) RULE OF CONSTRUCTION REGARDING IN-
TERPRETATION.—The amendments made by this 
section shall be liberally construed in favor of public 
access to documents, to the extent possible. 
SEC. 3. NOTICE TO COURTS OF UNLAWFUL SURVEILLANCE. 
(a) REQUIRED DISCLOSURE OF CUSTOMER COMMU-
NICATIONS OR RECORDS.—Section 2703(d) of title 18, 
United States Code, is amended— 
(1) by striking ‘‘A court order’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—A court order’’; and 
(2) by adding at the end the following: 
‘‘(2) REQUIRED INVENTORY.—A court order for 
disclosure issued under subsection (b) or (c) shall re-
quire an inventory described in rule 41(f)(1)(B) of 
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the Federal Rules of Criminal Procedure, or any 
successor thereto, be promptly returned to the court 
if the provider disclosed to the government any data 
not authorized by the court.’’. 
(b) ISSUANCE OF AN ORDER FOR A PEN REGISTER 
OR A TRAP AND TRACE DEVICE.—Section 3123(b) of title 
18, United States Code, is amended— 
(1) in paragraph (1)(D), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) shall require an inventory described in rule 
41(f)(1)(B) of the Federal Rules of Criminal Proce-
dure, or any successor thereto, be promptly returned 
to the court if— 
‘‘(A) the provider disclosed to the govern-
ment any electronic data not authorized by the 
court; or 
‘‘(B) the government obtained dialing, 
routing, addressing, or signaling information 
that was not authorized by the court or in a 
manner that exceeded the authorization granted 
by the court.’’. 
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(c) RULE 41.—Rule 41(f)(1)(B) of the Federal Rules 
of Criminal Procedure is amended by inserting after the 
period at the end the following: 
‘‘If an inventory is required pursuant to this rule, or 
if an inventory is required by section 2703(d)(2) of 
title 18, United States Code, or section 3123(b)(3) 
of that title, the inventory shall— 
‘‘(i) disclose whether the provider dis-
closed to the government any electronic 
data not authorized by the court and, if so, 
provide detailed information regarding the 
disclosure; and 
‘‘(ii) disclose whether the government 
searched persons or property, including ac-
counts or electronic devices, or obtained di-
aling, routing, addressing, or signaling in-
formation not authorized by the court or in 
a manner that exceeded the authorization 
granted by the court and, if so, provide de-
tailed information regarding the search.’’. 
SEC. 4. NOTICE TO SUBJECTS OF LAW ENFORCEMENT SUR-
VEILLANCE. 
(a) IN GENERAL.—Section 2703 of title 18, United 
States Code, is amended— 
(1) in subsection (a), in the first sentence— 
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(A) by inserting ‘‘and in accordance with 
the requirements for executing and returning a 
warrant’’ after ‘‘the procedures’’; 
(B) by inserting ‘‘and execution and re-
turn’’ after ‘‘State warrant’’; and 
(C) by inserting ‘‘and in accordance with 
the requirements for executing and returning 
such a warrant’’ after ‘‘that title’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘without required 
notice to the subscriber or customer,’’; 
(II) by inserting ‘‘and in accord-
ance with the requirements for exe-
cuting and returning a warrant’’ after 
‘‘the procedures’’; 
(III) by inserting ‘‘and execution 
and return’’ after ‘‘State warrant’’; 
and 
(IV) by inserting ‘‘and in accord-
ance with the requirements for exe-
cuting and returning such a warrant’’ 
after ‘‘that title’’; and 
(ii) in subparagraph (B)— 
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(I) in clause (ii), by striking the 
semicolon at the end and inserting a 
period; and 
(II) in the matter following 
clause (ii), by striking ‘‘except that 
delayed notice may be given pursuant 
to section 2705 of this title.’’; and 
(B) by adding at the end the following: 
‘‘(3) Notice may not be delayed pursuant to section 
2705 for a disclosure under paragraph (1)(B)(i).’’; 
(3) in subsection (c)— 
(A) in paragraph (1)(A)— 
(i) by inserting ‘‘and in accordance 
with the requirements for executing and 
returning a warrant’’ after ‘‘the proce-
dures’’; 
(ii) by inserting ‘‘and execution and 
return’’ after ‘‘State warrant’’; and 
(iii) by inserting ‘‘and in accordance 
with the requirements for executing and 
returning such a warrant’’ after ‘‘that 
title’’; and 
(B) by striking paragraph (3); 
(4) in subsection (d), as amended by section 
3(a) of this Act, by adding at the end the following: 
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‘‘(3) REQUIREMENTS.—Orders under this sub-
section shall be issued in accordance with the re-
quirements for executing and returning a warrant 
under the Federal Rules of Criminal Procedure.’’; 
and 
(5) by adding at the end the following: 
‘‘(i) SERVICE.— 
‘‘(1) IN GENERAL.—A governmental entity re-
ceiving records or information under subsection (a), 
(b), or (c) of this section or seeking an order under 
section 3123 shall provide notice prior to conducting 
the court-authorized surveillance to the subscriber or 
customer or the person described in subsection 
(b)(1)(A) of that section, as applicable, unless notice 
is delayed in accordance with section 2705. If prior 
notice is infeasible due to inadequate contact infor-
mation, the governmental entity shall provide the re-
quired notice within 7 days after receipt of adequate 
contact information from the provider. 
‘‘(2) OTHER REQUIREMENTS.—For purposes of 
serving a copy of a warrant or order described in 
this section and a receipt for the warrant or order— 
‘‘(A) the person or persons whose wire or 
electronic communications are obtained under 
the warrant or order shall be the person or per-
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sons whose property was searched or who pos-
sessed the information that was seized or cop-
ied; and 
‘‘(B) service of the copy of the warrant or 
order and the receipt may only be delayed in 
accordance with section 2705.’’. 
(b) WRITS.—Section 1651 of title 28, United States 
Code, is amended by adding at the end the following: 
‘‘(c) In seeking an order to a third party under this 
section, the Federal Government shall comply with any re-
quirement for notice applicable to warrants issued under 
the Federal Rules of Criminal Procedure.’’. 
(c) VOLUNTARY DISCLOSURE OF CUSTOMER COMMU-
NICATIONS
OR RECORDS.—Section 2702 of title 18, 
United States Code, is amended by adding at the end the 
following: 
‘‘(e) NOTICE.—If a governmental entity requests and 
receives a voluntary disclosure from a provider described 
in subsection (a)— 
‘‘(1) the contents of communications pursuant 
to subsection (b)(8); or 
‘‘(2) a record or other information pertaining to 
a subscriber to or customer of such service pursuant 
to subsection (c)(4), 
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the governmental entity shall within 7 days provide notice 
to the subscriber or customer, unless notice is delayed in 
accordance with section 2705.’’. 
SEC. 5. DELAY AND PRECLUSION OF REQUIRED NOTICE. 
(a) IN GENERAL.—Section 2705 of title 18, United 
States Code, is amended to read as follows: 
‘‘§ 2705. Delay and preclusion of notice 
‘‘(a) DELAY OF REQUIRED NOTICE TO CUSTOMER OR 
SUBSCRIBER.— 
‘‘(1) IN GENERAL.—A governmental entity act-
ing under section 2702, 2703, or section 3123 may 
apply to a court for an order delaying the required 
notice to the person whose wire or electronic commu-
nications or records or information are obtained. 
‘‘(2) WARRANTS AND ORDERS.—The court may 
enter an order described in paragraph (1) with re-
spect to a warrant or order only if the warrant or 
order is sealed in accordance with chapter 206A, 
and only for the period during which the sealing 
order is in effect. 
‘‘(3) 
SUBPOENAS
AND
EMERGENCY
RE-
QUESTS.— 
‘‘(A) IN GENERAL.—The court shall enter 
an order described in paragraph (1) with re-
spect to a subpoena or emergency request for a 
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period not to exceed 180 days after the return 
date of the subpoena or the emergency request 
if the governmental entity certifies that there is 
reason to believe that failure to issue the order 
will have an adverse result described in section 
3132(a)(2)(B). 
‘‘(B) EXTENSIONS.— 
‘‘(i) IN
GENERAL.—The court shall 
grant a single extension of an order de-
scribed in paragraph (1) with respect to a 
subpoena or emergency request for a pe-
riod not to exceed 180 days upon the gov-
ernmental entity’s motion, based on a re-
newed certification that failure to extend 
the order will have an adverse result de-
scribed in section 3132(a)(2)(B). 
‘‘(ii) SUBSEQUENT EXTENSIONS.— 
‘‘(I) IN GENERAL.—For any ex-
tension after an extension under 
clause (i), the court may grant an ex-
tension of an order described in para-
graph (1) with respect to a subpoena 
or emergency request for up to 180 
days, upon the governmental entity’s 
motion, if the governmental entity 
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demonstrates a particularized showing 
described in subitems (AA) and (BB) 
of section 3132(a)(2)(C)(I)(aa) and 
details the information described in 
item (bb) of section 3132(a)(2)(C)(I). 
‘‘(II) REDACTED DOCUMENTS.— 
The court shall consider and order 
redactions under this clause in accord-
ance with the procedures under sec-
tion 3132(a)(2)(C)(II). 
‘‘(C) REVIEW BY COURT.—The court may, 
in its discretion, require the governmental enti-
ty to provide the factual basis for the certifi-
cation described in subparagraph (A) and may 
review that factual basis for sufficiency. 
‘‘(D) NOTIFICATION.— 
‘‘(i) IN
GENERAL.—A governmental 
entity shall promptly notify the court once 
the governmental entity no longer has rea-
son to believe that the order is necessary 
to prevent an adverse result described in 
section 3132(a)(2)(B). 
‘‘(ii) REVOCATION.—After being noti-
fied by the governmental entity under 
clause (i), the court shall revoke the order. 
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‘‘(b) PRECLUSION OF NOTICE TO SUBJECT OF GOV-
ERNMENTAL ACCESS.— 
‘‘(1) AUTHORITY.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (2) a governmental entity acting 
under section 2703 or section 3123 may apply 
to a court for— 
‘‘(i) an order commanding a provider 
of electronic communications service or re-
mote computing service to whom a crimi-
nal surveillance order, as defined in section 
3131, or subpoena is directed, not to notify 
any other person of the existence of the 
criminal surveillance order or subpoena; or 
‘‘(ii) an order commanding a person 
owning or leasing the line or other facility 
to which the pen register or a trap and 
trace device is attached or applied, or who 
is obligated by the order to provide assist-
ance to the applicant, not to notify any 
other person of the existence of a pen reg-
ister or trap and trace device, as such 
terms are defined in section 3127. 
‘‘(B) CRIMINAL SURVEILLANCE ORDERS.— 
The court may enter an order described in sub-
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paragraph (A) with respect to a criminal sur-
veillance order only if the criminal surveillance 
order is sealed in accordance with chapter 
206A, and only for the period during which the 
sealing order is in effect. 
‘‘(C) SUBPOENAS.— 
‘‘(i) IN
GENERAL.—The court shall 
enter an order described in subparagraph 
(A) with respect to a subpoena for a period 
not to exceed 180 days after the return 
date of the subpoena if the governmental 
entity certifies that there is reason to be-
lieve that failure to issue the order will 
have an adverse result described in section 
3132(a)(2)(B). 
‘‘(ii) EXTENSIONS.— 
‘‘(I) IN
GENERAL.—The court 
shall grant a single extension of an 
order described in subparagraph (A) 
with respect to a subpoena for a pe-
riod not to exceed 180 days upon the 
governmental entity’s motion, based 
on a renewed certification that failure 
to extend the order will have an ad-
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verse result described in section 
3132(a)(2)(B). 
‘‘(II) 
SUBSEQUENT
EXTEN-
SIONS.— 
‘‘(aa) 
IN
GENERAL.—For 
any extension after an extension 
under subclause (I), the court 
may grant an extension of an 
order described in subparagraph 
(A) with respect to a subpoena 
for up to 180 days, upon the gov-
ernmental entity’s motion, if the 
governmental entity demonstrates 
a 
particularized 
showing 
de-
scribed in subitems (AA) and 
(BB) 
of 
section 
3132(a)(2)(C)(I)(aa) and details 
the information described in item 
(bb) of section 3132(a)(2)(C)(I). 
‘‘(bb) 
REDACTED
DOCU-
MENTS.—The court shall con-
sider and order redactions under 
this subclause in accordance with 
the procedures under section 
3132(a)(2)(C)(II). 
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‘‘(iii) REVIEW BY COURT.—The court 
may, in its discretion, require the govern-
mental entity to provide the factual basis 
for the certification described in clause (i) 
and may review that factual basis for suffi-
ciency. 
‘‘(iv) NOTIFICATION.— 
‘‘(I) IN
GENERAL.—A govern-
mental entity shall promptly notify 
the court once the governmental enti-
ty no longer has reason to believe that 
the order is necessary to prevent an 
adverse result described in section 
3132(a)(2)(B). 
‘‘(II) REVOCATION.—After being 
notified by the governmental entity, 
the court shall revoke the order. 
‘‘(D) LIMITATIONS.—Preclusion of notice 
orders that may be issued only under subpara-
graph (A)(i) to criminal surveillance orders or 
subpoenas that are listed in the preclusion of 
notice order. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to— 
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‘‘(A) any person to whom disclosure is nec-
essary in order to comply with the request; 
‘‘(B) an attorney in order to obtain legal 
advice or assistance regarding the request; or 
‘‘(C) any other person as permitted by the 
court. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to prohibit a re-
cipient of an order under this subsection from chal-
lenging the order on grounds that the order violates 
the Constitution of the United States or, in the case 
of an order issued by a State or Tribal court, the 
State or Tribal constitution. 
‘‘(c) REPORTS CONCERNING PRECLUSION OF NOTICE 
ORDERS.— 
‘‘(1) IN GENERAL.—In January of each year, 
any judge who has issued an order (or an extension 
thereof) under subsection (b) that expired during the 
preceding year, or who has denied approval of a re-
quest for a preclusion of notice order, shall report to 
the Administrative Office of the United States 
Courts— 
‘‘(A) the fact that an order or extension 
was applied for; 
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‘‘(B) the fact that the order or extension 
was granted as applied for, was modified, or 
was denied; 
‘‘(C) the period of the preclusion of notice 
required by the order, and the number and du-
ration of any extensions of the order; 
‘‘(D) the nature of the offense or criminal 
investigation that was the basis for the under-
lying criminal surveillance order; 
‘‘(E) the name of each provider of elec-
tronic communication service or remote com-
puting service served with the order, if so 
granted; and 
‘‘(F) the investigative or law enforcement 
agency that submitted the application. 
‘‘(2) PUBLIC REPORT.—In June of each year, 
the Director of the Administrative Office of the 
United States Courts shall publish on the website of 
the Administrative Office of the United States 
Courts and include in the report required under sec-
tion 2519(3)— 
‘‘(A) a full and complete report con-
cerning— 
‘‘(i) the number of applications for or-
ders authorizing or approving the pre-
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clusion of notice pursuant to this section; 
and 
‘‘(ii) the number of orders and exten-
sions granted or denied pursuant to this 
section during the preceding calendar year; 
and 
‘‘(B) a detailed summary and analysis of 
each category of data required to be reported 
under paragraph (1). 
‘‘(3) FORMAT.—Not later than 180 days after 
the date of enactment of this section, the Director 
of the Administrative Office of the United States 
Courts shall, in consultation with the National Insti-
tute of Standards and Technology and the Adminis-
trator of General Services, private entities offering 
electronic case management software, the National 
Center for State Courts, and the National American 
Indian Court Judges Association, publish a machine 
readable form that shall be used for any report re-
quired under paragraph (1). 
‘‘(4) REGULATIONS.—The Director of the Ad-
ministrative Office of the United States Courts may 
promulgate regulations with respect to the content 
and form of the reports required under paragraph 
(1). 
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‘‘(d) DURATION.—Any order issued under subsection 
(a) or (b) before the effective date of chapter 206A shall 
be for a period of not longer than 180 days.’’. 
(b) ADDITIONAL
GROUNDS
FOR
ISSUING
WAR-
RANT.—Section 3103a of title 18, United States Code, is 
amended— 
(1) in subsection (b)(3), by inserting ‘‘, not to 
exceed 180 days,’’ after ‘‘certain’’; 
(2) in subsection (c), by inserting ‘‘, not to ex-
ceed 180 days’’ before the period at the end; and 
(3) in subsection (d)(1)— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) the identification of the statute or 
rule of law authorizing the search and seizure 
of property or material.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 121 of title 18, United 
States Code, is amended by striking the item relating to 
section 2705 and inserting the following: 
‘‘2705. Delay and preclusion of notice.’’. 
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SEC. 6. INCENTIVES FOR STATE AND TRIBAL COURTS TO 
IMPLEMENT REQUIREMENTS. 
(a) AMENDMENTS.— 
(1) STORED
COMMUNICATIONS.—Chapter 121 
of title 18, United States Code, is amended— 
(A) in section 2703, as amended by section 
4(a) of this Act, by inserting after ‘‘return pro-
cedures’’ each place the term appears the fol-
lowing: ‘‘and containing a certification that the 
court is acting in compliance with chapter 
206A’’; and 
(B) in section 2711(3)(B), by inserting 
‘‘that is acting in compliance with chapter 
206A’’ after ‘‘search warrants’’. 
(2) WIRETAPPING.—Section 2516(2) of title 
18, United States Code, is amended by striking 
‘‘The principal prosecuting attorney of any State’’ 
and inserting ‘‘If a State requires that courts in the 
state comply with chapter 206A, the principal pros-
ecuting attorney of that State’’. 
(3) PEN REGISTERS AND TRAP AND TRACE DE-
VICES.—Section 3122(a)(2) of title 18, United 
States Code, is amended by inserting ‘‘and if the 
State requires that courts in the state comply with 
chapter 206A,’’ after ‘‘law,’’. 
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(4) FULL FAITH AND CREDIT.—The third un-
designated paragraph of section 1738 of title 28, 
United States Code, is amended by inserting ‘‘, pro-
vided that any criminal surveillance order, as defined 
in section 3131 of title 18, shall be entitled to full 
faith and credit only if the order contains a certifi-
cation that the court that issued the order is acting 
in compliance with the requirements of chapter 
206A of title 18’’ before the period at the end. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the amendments made by subsection (a) 
shall take effect on the date that is 2 years after the 
date of enactment of this Act. 
(2) DELAYED
APPLICABILITY
FOR
CERTAIN 
STATE
AND
TRIBAL
COURTS.—The amendments 
made by subsection (a) shall apply on and after the 
date that is 4 years after the date of enactment of 
this Act— 
(A) to a State or Tribal court that, on the 
date of enactment of this Act, does not offer 
electronic docketing or public online access to 
dockets; or 
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(B) to any State or Tribal court that cer-
tifies that the court needs more time to comply 
with the requirements of the subsection. 
SEC. 7. MODERNIZING CRIMINAL SURVEILLANCE REPORTS. 
(a) REPORTS CONCERNING ACCESS TO CUSTOMER 
COMMUNICATIONS OR RECORDS.— 
(1) IN
GENERAL.—Section 2703 title 18, 
United States Code, as amended by section 4(5) of 
this Act, is amended by adding at the end the fol-
lowing: 
‘‘(j) REPORTS CONCERNING ACCESS TO CUSTOMER 
COMMUNICATIONS OR RECORDS.— 
‘‘(1) IN GENERAL.—In January of each year, 
any judge who has issued an order under this sec-
tion or a warrant to obtain records described in this 
section, or who has denied approval of an application 
under this section during the preceding year, shall 
report to the Administrative Office of the United 
States Courts— 
‘‘(A) the fact that the order or warrant 
was applied for; 
‘‘(B) the type of records sought in the 
order or warrant; 
‘‘(C) whether the order or warrant was— 
‘‘(i) granted as applied for; 
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‘‘(ii) granted as modified; or 
‘‘(iii) denied; 
‘‘(D) the subsection of this section under 
which the application for the order or warrant 
was filed; 
‘‘(E) the nature of the offense or criminal 
investigation that was the basis for the applica-
tion for the order or warrant; 
‘‘(F) the name of each provider of elec-
tronic communication service or remote com-
puting service served with the order or warrant, 
if so granted; and 
‘‘(G) the investigative or law enforcement 
agency that submitted the application. 
‘‘(2) PUBLIC REPORT.—In June of each year, 
the Director of the Administrative Office of the 
United States Courts shall publish on the website of 
the Administrative Office of the United States 
Courts and include in the report required under sec-
tion 2519(3)— 
‘‘(A) a full and complete report concerning 
the number of applications for orders or war-
rants requiring the disclosure of, during the 
preceding calendar year— 
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‘‘(i) the contents of wire or electronic 
communications in electronic storage under 
subsection (a); 
‘‘(ii) the contents of wire or electronic 
communications in a remote computer 
service under subsection (b); and 
‘‘(iii) records concerning electronic 
communication service or remote computer 
service under subsection (c); 
‘‘(B) the number of orders and warrants 
granted or denied under this section during the 
preceding calendar year; and 
‘‘(C) a detailed summary and analysis of 
each category of data required to be filed with 
the Administrative Office of the United States 
Courts under paragraph (1). 
‘‘(3) FORMAT.—Not later than 180 days after 
the date of enactment of the Government Surveil-
lance Transparency Act of 2023, the Director of the 
Administrative Office of the United States Courts 
shall, in consultation with the National Institute of 
Standards and Technology, the Administrator of 
General Services, the Electronic Public Access Pub-
lic User Group, private entities offering electronic 
case management software, the National Center for 
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State Courts, and the National American Indian 
Court Judges Association, publish a machine read-
able form that shall be used for any report required 
under paragraph (1). 
‘‘(4) REGULATIONS.—The Director of the Ad-
ministrative Office of the United States Courts may 
issue binding regulations with respect to the content 
and form of the reports required under paragraph 
(1).’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 2519(3) of title 18, United States 
Code, is amended, in the first sentence, by inserting 
‘‘publish on the website of the Administrative Office 
of the United States Courts’’ before ‘‘transmit’’. 
(b) REPORTS CONCERNING PEN REGISTERS
AND 
TRAP AND TRACE DEVICES.—Section 3126 of title 18, 
United States Code, is amended to read as follows: 
‘‘§ 3126. Reports concerning pen registers and trap 
and trace devices 
‘‘(a) IN GENERAL.—In January of each year, any 
judge who has issued an order (or an extension thereof) 
under section 3123 that expired during the preceding 
year, or who has denied approval of an installation and 
use of a pen register or trap and trace device during that 
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year, shall report to the Administrative Office of the 
United States Courts— 
‘‘(1) the fact that an order or extension was ap-
plied for; 
‘‘(2) the kind of order or extension applied for; 
‘‘(3) the fact that the order or extension was 
granted as applied for, was modified, or was denied; 
‘‘(4) the period of installation and use of a pen 
register or trap and trace device authorized by the 
order, and the number and duration of any exten-
sions of the order; 
‘‘(5) the offense specified in the order or appli-
cation, or extension of an order; 
‘‘(6) the precise nature of the facilities affected 
and the precise nature of the information sought; 
and 
‘‘(7) the investigative or law enforcement agen-
cy that submitted the application. 
‘‘(b) PUBLIC REPORT.—In June of each year, the Di-
rector of the Administrative Office of the United States 
Courts shall publish on the website of the Administrative 
Office of the United States Courts and include in the re-
port required under section 2519(3)— 
‘‘(1) a full and complete report concerning— 
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‘‘(A) the number of applications for orders 
authorizing or approving the installation and 
use of a pen register or trap and trace device 
pursuant to this chapter; and 
‘‘(B) the number of orders and extensions 
granted or denied pursuant to this chapter dur-
ing the preceding calendar year; and 
‘‘(2) a detailed summary and analysis of each 
category of data required to be reported under sub-
section (a). 
‘‘(c) FORMAT.—Not later than 180 days after the 
date of enactment of the Government Surveillance Trans-
parency Act of 2023, the Director of the Administrative 
Office of the United States Courts shall, in consultation 
with the National Institute of Standards and Technology 
and the Administrator of General Services, private entities 
offering electronic case management software, the Na-
tional Center for State Courts, and the National American 
Indian Court Judges Association, publish a machine read-
able form that shall be used for any report required under 
subsection (a). 
‘‘(d) REGULATIONS.—The Director of the Adminis-
trative Office of the United States Courts may issue bind-
ing regulations with respect to the content and form of 
the reports required under subsection (a).’’. 
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(c) REPORTING
OF EMERGENCY DISCLOSURES.— 
Section 2702(d) of title 18, United States Code, is amend-
ed, in the matter preceding paragraph (1), by inserting 
‘‘and publish on the website of the Department of Justice’’ 
after ‘‘Senate’’. 
SEC. 8. GRANTS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Indian Tribe’’ has the meaning 
given such term in section 102 of the Federally Rec-
ognized Indian Tribe List Act of 1994 (25 U.S.C. 
5130); and 
(2) the term ‘‘State’’ means each of the several 
States of the United States, the District of Colum-
bia, the Commonwealth of Puerto Rico, American 
Samoa, the Commonwealth of the Northern Mariana 
Islands, Guam, and the United States Virgin Is-
lands. 
(b) AUTHORITY.—The Attorney General shall make 
grants to State and Tribal court systems for the cost of 
implementing the requirements under the amendments 
made by this Act for the 5-year period beginning on the 
date of enactment of this Act. 
(c) MAXIMUM AMOUNT.—The total amount of grants 
awarded under this section shall be not greater than 
$25,000,000. 
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SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated— 
(1) $1,000,000 to the Administrative Office of 
the United States Courts to implement the require-
ments of this Act and the amendments made by this 
Act; and 
(2) $25,000,000 to carry out the grant program 
under section 8. 
SEC. 10. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such a provision or amend-
ment to any person or circumstance, is held to be uncon-
stitutional, the remaining provisions of and amendments 
made by this Act, and the application of the provision or 
amendment held to be unconstitutional to any other per-
son or circumstance, shall not be affected thereby. 
Æ 
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