court determines that there is a reason to be-
lieve that disclosure of the request under sub-
section (b) will result in—
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from prosecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; or 
‘‘(v) otherwise seriously endangering 
the national security of the United States 
by alerting a target, a target’s associates, 
or the foreign power of which the target is 
an agent, of the Government’s interest in 
the target. 
‘‘(3) DISCLOSURE.—In making determinations 
under this subsection, the court shall disclose to the 
petitioner, the counsel of the petitioner, or both, 
under the procedures and standards provided in the 
Classified Information Procedures Act (18 U.S.C. 
App.), portions of the application, order, or other re-
lated materials unless the court finds that such dis-
closure would not assist in determining any legal or 
factual issue pertinent to the case.’’.
(2) FINANCIAL
RECORD
REQUESTS.—Section 
1114(a)(5) of the Right to Financial Privacy Act of 
1978 (12 U.S.C. 3414(a)(5)) is amended by insert-
ing after subparagraph (D) (as amended by sub-
section (c)(2) of this section) the following new sub-
paragraph: 
‘‘(E) JUDICIAL REVIEW.—
‘‘(i) IN GENERAL.—Not later than 20 
days after any person receives a request 
pursuant to subparagraph (A), or at any 
time before the return date specified in the 
request, whichever period is shorter, such 
person may file, in the district court of the 
United States for the judicial district with-
in which such person resides, is found, or 
transacts business, a petition for the court 
to modify or set aside the request. The 
time allowed for compliance with the re-
quest in whole or in part as deemed proper 
and ordered by the court shall not run dur-
ing the pendency of the petition in the 
court. The petition shall specify each 
ground upon which the petitioner relies in 
seeking relief, and may be based upon any 
failure of the request to comply with the
provisions of this paragraph or upon any 
constitutional or other legal right or privi-
lege of the petitioner. 
‘‘(ii) NONDISCLOSURE.—
‘‘(I) IN
GENERAL.—A person 
prohibited from disclosing information 
under subparagraph (D) may file, in 
the district court of the United States 
for the judicial district within which 
the recipient resides, is found, or 
transacts business, a petition for the 
court to set aside the nondisclosure 
requirement. The petition shall specify 
each ground upon which the petitioner 
relies in seeking the relief, and may be 
based upon any failure of the non-
disclosure requirement to comply with 
the provisions of this section or upon 
any constitutional or other legal right 
or privilege of the petitioner. 
‘‘(II) 
STANDARD.—The 
court 
shall set aside the nondisclosure re-
quirement unless the court determines 
that there is a reason to believe that
disclosure of the request under sub-
paragraph (A) will result in—
‘‘(aa) endangering the life or 
physical safety of any person; 
‘‘(bb) flight from prosecu-
tion; 
‘‘(cc) destruction of or tam-
pering with evidence; 
‘‘(dd) intimidation of poten-
tial witnesses; or 
‘‘(ee) otherwise seriously en-
dangering the national security of 
the United States by alerting a 
target, a target’s associates, or 
the foreign power of which the 
target is an agent, of the Govern-
ment’s interest in the target. 
‘‘(iii) DISCLOSURE.—In making deter-
minations under this subparagraph, the 
court shall disclose to the petitioner, the 
counsel of the petitioner, or both, under 
the procedures and standards provided in 
the Classified Information Procedures Act 
(18 U.S.C. App.), portions of the applica-
tion, order, or other related materials un-
less the court finds that such disclosure 
would not assist in determining any legal 
or factual issue pertinent to the case.’’. 
(3) CONSUMER
REPORT
REQUESTS.—Section 
626 of the Fair Credit Reporting Act (15 U.S.C. 
1681u) is amended by after subsection (n) (as added 
by subsection (b)(3) of this section) the following 
new subsection: 
‘‘(o) JUDICIAL REVIEW.—
‘‘(1) IN
GENERAL.—Not later than 20 days 
after any person receives a request or order pursu-
ant to subsection (a), (b), or (c), or at any time be-
fore the return date specified in the request or 
order, whichever period is shorter, such person may 
file, in the district court of the United States for the 
judicial district within which such person resides, is 
found, or transacts business, a petition for the court 
to modify or set aside the request or order. The time 
allowed for compliance with the request or order in 
whole or in part as deemed proper and ordered by 
the court shall not run during the pendency of the 
petition in the court. The petition shall specify each 
ground upon which the petitioner relies in seeking 
the relief, and may be based upon any failure of the 
request or order to comply with the provisions of
this section or upon any constitutional or other legal 
right or privilege of the petitioner. 
‘‘(2) NONDISCLOSURE.—
‘‘(A) IN
GENERAL.—A person prohibited 
from disclosing information under subsection 
(d) may file, in the district court of the United 
States for the judicial district within which the 
recipient resides, is found, or transacts busi-
ness, a petition for the court to set aside the 
nondisclosure requirement. The petition shall 
specify each ground upon which the petitioner 
relies in seeking the relief, and may be based 
upon any failure of the nondisclosure require-
ment to comply with the provisions of this sec-
tion or upon any constitutional or other legal 
right or privilege of the petitioner. 
‘‘(B) STANDARD.—The court shall set 
aside the nondisclosure requirement unless the 
court determines that there is a reason to be-
lieve that disclosure of request or order under 
subsection (a), (b), or (c) will result in—
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from prosecution;
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; or 
‘‘(v) otherwise seriously endangering 
the national security of the United States 
by alerting a target, a target’s associates, 
or the foreign power of which the target is 
an agent, of the Government’s interest in 
the target. 
‘‘(3) DISCLOSURE.—In making determinations 
under this subsection, the court shall disclose to the 
petitioner, the counsel of the petitioner, or both, 
under the procedures and standards provided in the 
Classified Information Procedures Act (18 U.S.C. 
App.), portions of the application, order, or other re-
lated materials unless the court finds that such dis-
closure would not assist in determining any legal or 
factual issue pertinent to the case.’’. 
(4) CONSUMER REPORT REQUESTS BY GOVERN-
MENTAL AGENCIES.—Section 627 of the Fair Credit 
Reporting Act (15 U.S.C. 1681v) is amended by 
adding at the end the following new subsection: 
‘‘(f) JUDICIAL REVIEW.—
‘‘(1) IN
GENERAL.—Not later than 20 days 
after any person receives a request pursuant to sub-
section (a), or at any time before the return date 
specified in the request, whichever period is shorter, 
such person may file, in the district court of the 
United States for the judicial district within which 
such person resides, is found, or transacts business, 
a petition for the court to modify or set aside the 
request. The time allowed for compliance with the 
request in whole or in part as deemed proper and or-
dered by the court shall not run during the pendency 
of the petition in the court. The petition shall speci-
fy each ground upon which the petitioner relies in 
seeking the relief, and may be based upon any fail-
ure of the request to comply with the provisions of 
this section or upon any constitutional or other legal 
right or privilege of the petitioner. 
‘‘(2) NONDISCLOSURE.—
‘‘(A) IN
GENERAL.—A person prohibited 
from disclosing information under subsection 
(c) may file, in the district court of the United 
States for the judicial district within which the 
recipient resides, is found, or transacts busi-
ness, a petition for the court to set aside the 
nondisclosure requirement. The petition shall
specify each ground upon which the petitioner 
relies in seeking the relief, and may be based 
upon any failure of the nondisclosure require-
ment to comply with the provisions of this sec-
tion or upon any constitutional or other legal 
right or privilege of the petitioner. 
‘‘(B) STANDARD.—The court shall set 
aside the nondisclosure requirement unless the 
court determines that there is a reason to be-
lieve that disclosure of the request under sub-
section (a) will result in—
‘‘(i) endangering the life or physical 
safety of any person; 
‘‘(ii) flight from prosecution; 
‘‘(iii) destruction of or tampering with 
evidence; 
‘‘(iv) intimidation of potential wit-
nesses; or 
‘‘(v) otherwise seriously endangering 
the national security of the United States 
by alerting a target, a target’s associates, 
or the foreign power of which the target is 
an agent, of the Government’s interest in 
the target.
‘‘(3) DISCLOSURE.—In making determinations 
under this subsection, the court shall disclose to the 
petitioner, the counsel of the petitioner, or both, 
under the procedures and standards provided in the 
Classified Information Procedures Act (18 U.S.C. 
App.), portions of the application, order, or other re-
lated materials unless the court finds that such dis-
closure would not assist in determining any legal or 
factual issue pertinent to the case.’’. 
(e) USE OF INFORMATION.—
(1) IN
GENERAL.—Section 2709 of title 18, 
United States Code, as amended by subsection (d), 
is amended by inserting after subsection (e) the fol-
lowing: 
‘‘(f) USE OF INFORMATION.—
‘‘(1) IN GENERAL.—
‘‘(A) 
CONSENT.—Any 
information 
ac-
quired from a request pursuant to this section 
concerning any United States person may be 
used and disclosed by Federal officers and em-
ployees without the consent of the United 
States person only in accordance with the provi-
sions of this subsection. 
‘‘(B) LAWFUL PURPOSE.—No information 
acquired from an order pursuant to this section
may be used or disclosed by Federal officers or 
employees except for lawful purposes. 
‘‘(2) DISCLOSURE
FOR
LAW
ENFORCEMENT 
PURPOSES.—No information acquired pursuant to 
this section shall be disclosed for law enforcement 
purposes unless such disclosure is accompanied by a 
statement that such information, or any information 
derived therefrom, may only be used in a criminal 
proceeding with the advance authorization of the At-
torney General. 
‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE 
BY
THE
UNITED
STATES.—Whenever the United 
States intends to enter into evidence or otherwise 
use or disclose in any trial, hearing, or other pro-
ceeding in or before any court, department, officer, 
agency, regulatory body, or other authority of the 
United States against an aggrieved person any infor-
mation obtained or derived from a request pursuant 
to this section, the United States shall, before the 
trial, hearing, or other proceeding or at a reasonable 
time before an effort to so disclose or so use this in-
formation or submit it in evidence, notify the ag-
grieved person and the court or other authority in 
which the information is to be disclosed or used that
the United States intends to so disclose or so use 
such information. 
‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE 
BY STATE OR POLITICAL SUBDIVISION.—Whenever 
any State or political subdivision thereof intends to 
enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before 
any court, department, officer, agency, regulatory 
body, or other authority of the State or political sub-
division thereof against an aggrieved person any in-
formation obtained or derived from a request pursu-
ant to this section, the State or political subdivision 
thereof shall notify the aggrieved person, the court 
or other authority in which the information is to be 
disclosed or used, and the Attorney General that the 
State or political subdivision thereof intends to so 
disclose or so use such information. 
‘‘(5) MOTION TO SUPPRESS.—
‘‘(A) IN GENERAL.—Any aggrieved person 
against whom evidence obtained or derived from 
a request pursuant to this section is to be, or 
has been, introduced or otherwise used or dis-
closed in any trial, hearing, or other proceeding 
in or before any court, department, officer, 
agency, regulatory body, or other authority of
the United States, or a State or political sub-
division thereof, may move to suppress the evi-
dence obtained or derived from the request, as 
the case may be, on the grounds that—
‘‘(i) the information was acquired in 
violation of the Constitution or laws of the 
United States; or 
‘‘(ii) the request was not in con-
formity with the requirements of this sec-
tion. 
‘‘(B) TIMING.—A motion under subpara-
graph (A) shall be made before the trial, hear-
ing, or other proceeding unless there was no op-
portunity to make such a motion or the ag-
grieved person concerned was not aware of the 
grounds of the motion. 
‘‘(6) JUDICIAL REVIEW.—
‘‘(A) IN GENERAL.—Whenever—
‘‘(i) a court or other authority is noti-
fied pursuant to paragraph (3) or (4); 
‘‘(ii) a motion is made pursuant to 
paragraph (5); or 
‘‘(iii) any motion or request is made 
by an aggrieved person pursuant to any 
other statute or rule of the United States
or any State before any court or other au-
thority of the United States or any State 
to—
‘‘(I) discover or obtain materials 
relating to a request issued pursuant 
to this section; or 
‘‘(II) discover, obtain, or sup-
press evidence or information obtained 
or derived from a request issued pur-
suant to this section; 
the United States district court or, where the 
motion is made before another authority, the 
United States district court in the same district 
as the authority shall, notwithstanding any 
other provision of law and if the Attorney Gen-
eral files an affidavit under oath that disclosure 
would harm the national security of the United 
States, review in camera the materials as may 
be necessary to determine whether the request 
was lawful. 
‘‘(B) DISCLOSURE.—In making a deter-
mination under subparagraph (A), unless the 
court finds that such disclosure would not assist 
in determining any legal or factual issue perti-
nent to the case, the court shall disclose to the
aggrieved person, the counsel of the aggrieved 
person, or both, under the procedures and 
standards provided in the Classified Informa-
tion Procedures Act (18 U.S.C. App.), portions 
of the application, order, or other related mate-
rials, or evidence or information obtained or de-
rived from the order. 
‘‘(7) EFFECT OF DETERMINATION OF LAWFUL-
NESS.—
‘‘(A) UNLAWFUL ORDERS.—If the United 
States district court determines pursuant to 
paragraph (6) that the request was not in com-
pliance with the Constitution or laws of the 
United States, the court may, in accordance 
with the requirements of law, suppress the evi-
dence which was unlawfully obtained or derived 
from the request or otherwise grant the motion 
of the aggrieved person. 
‘‘(B) LAWFUL ORDERS.—If the court de-
termines that the request was lawful, it may 
deny the motion of the aggrieved person except 
to the extent that due process requires dis-
covery or disclosure. 
‘‘(8) BINDING FINAL ORDERS.—Orders grant-
ing motions or requests under paragraph (6), deci-
sions under this section that a request was not law-
ful, and orders of the United States district court 
requiring review or granting disclosure of applica-
tions, orders, or other related materials shall be final 
orders and binding upon all courts of the United 
States and the several States except a United States 
court of appeals or the Supreme Court. 
‘‘(g) DEFINITIONS.—As used in this section—
‘‘(1) the term ‘agent of a foreign power’ has the 
meaning given such term by section 101(b) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801(b)); 
‘‘(2) the term ‘aggrieved person’ means a per-
son whose name, address, length of service, or local 
or long distance toll records were sought or obtained 
under this section; and 
‘‘(3) the term ‘foreign power’ has the meaning 
given such term by section 101(a) of the Foreign In-
telligence Surveillance Act of 1978 (50 U.S.C. 
1801(a)).’’. 
(2) FINANCIAL RECORDS.—Section 1114 of the 
Right to Financial Privacy Act of 1978 (12 U.S.C. 
3414) is amended by inserting after subsection (b) 
the following new subsection: 
‘‘(c) USE OF INFORMATION.—
‘‘(1) IN GENERAL.—
‘‘(A) 
CONSENT.—Any 
information 
ac-
quired from a request pursuant to this section 
concerning any United States person may be 
used and disclosed by Federal officers and em-
ployees without the consent of the United 
States person only in accordance with the provi-
sions of this subsection. 
‘‘(B) LAWFUL PURPOSE.—No information 
acquired from an order pursuant to this section 
may be used or disclosed by Federal officers or 
employees except for lawful purposes. 
‘‘(2) DISCLOSURE
FOR
LAW
ENFORCEMENT 
PURPOSES.—No information acquired pursuant to 
this section shall be disclosed for law enforcement 
purposes unless the disclosure is accompanied by a 
statement that the information, or any information 
derived therefrom, may only be used in a criminal 
proceeding with the advance authorization of the At-
torney General. 
‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE 
BY
THE
UNITED
STATES.—Whenever the United 
States intends to enter into evidence or otherwise 
use or disclose in any trial, hearing, or other pro-
ceeding in or before any court, department, officer,
agency, regulatory body, or other authority of the 
United States against an aggrieved person any infor-
mation obtained or derived from a request pursuant 
to this section, the United States shall, before the 
trial, hearing, or other proceeding, or at a reason-
able time before an effort to so disclose or so use 
this information or submit it in evidence, notify the 
aggrieved person and the court or other authority in 
which the information is to be disclosed or used that 
the United States intends to so disclose or so use 
such information. 
‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE 
BY STATE OR POLITICAL SUBDIVISION.—Whenever 
any State or political subdivision thereof intends to 
enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before 
any court, department, officer, agency, regulatory 
body, or other authority of the State or political sub-
division thereof against an aggrieved person any in-
formation obtained or derived from a request pursu-
ant to this section, the State or political subdivision 
thereof shall notify the aggrieved person, the court 
or other authority in which the information is to be 
disclosed or used, and the Attorney General that the
State or political subdivision thereof intends to so 
disclose or so use such information. 
‘‘(5) MOTION TO SUPPRESS.—
‘‘(A) IN GENERAL.—Any aggrieved person 
against whom evidence obtained or derived from 
a request pursuant to this section is to be, or 
has been, introduced or otherwise used or dis-
closed in any trial, hearing, or other proceeding 
in or before any court, department, officer, 
agency, regulatory body, or other authority of 
the United States, or a State or political sub-
division thereof, may move to suppress the evi-
dence obtained or derived from the request, as 
the case may be, on the grounds that—
‘‘(i) the information was acquired in 
violation of the Constitution or laws of the 
United States; or 
‘‘(ii) the request was not in con-
formity with the requirements of this sec-
tion. 
‘‘(B) TIMING.—A motion to suppress 
under subparagraph (A) shall be made before 
the trial, hearing, or other proceeding unless 
there was no opportunity to make such a mo-
tion or the aggrieved person concerned was not 
aware of the grounds of the motion. 
‘‘(6) JUDICIAL REVIEW.—
‘‘(A) IN GENERAL.—Whenever—
‘‘(i) a court or other authority is noti-
fied pursuant to paragraph (3) or (4); 
‘‘(ii) a motion is made pursuant to 
paragraph (5); or 
‘‘(iii) any motion or request is made 
by an aggrieved person pursuant to any 
other statute or rule of the United States 
or any State before any court or other au-
thority of the United States or any State 
to—
‘‘(I) discover or obtain materials 
relating to a request issued pursuant 
to this section; or 
‘‘(II) discover, obtain, or sup-
press evidence or information obtained 
or derived from a request issued pur-
suant to this section; 
the United States district court or, where the 
motion is made before another authority, the 
United States district court in the same district 
as the authority shall, notwithstanding any
other provision of law and if the Attorney Gen-
eral files an affidavit under oath that disclosure 
would harm the national security of the United 
States, review in camera the materials as may 
be necessary to determine whether the request 
was lawful. 
‘‘(B) DISCLOSURE.—In making a deter-
mination under subparagraph (A), unless the 
court finds that such disclosure would not assist 
in determining any legal or factual issue perti-
nent to the case, the court shall disclose to the 
aggrieved person, the counsel of the aggrieved 
person, or both, under the procedures and 
standards provided in the Classified Informa-
tion Procedures Act (18 U.S.C. App.), portions 
of the application, order, or other related mate-
rials, or evidence or information obtained or de-
rived from the order. 
‘‘(7) EFFECT OF DETERMINATION OF LAWFUL-
NESS.—
‘‘(A) IN GENERAL.—If the United States 
district court determines pursuant to paragraph 
(6) that the request was not in compliance with 
the Constitution or laws of the United States, 
the court may, in accordance with the require-
ments of law, suppress the evidence which was 
unlawfully obtained or derived from the request 
or otherwise grant the motion of the aggrieved 
person. 
‘‘(B) EXCEPTION.—If the court determines 
that the request was lawful, it may deny the 
motion of the aggrieved person except to the ex-
tent that due process requires discovery or dis-
closure. 
‘‘(8) BINDING FINAL ORDERS.—Orders grant-
ing motions or requests under paragraph (6), deci-
sions under this section that a request was not law-
ful, and orders of the United States district court 
requiring review or granting disclosure of applica-
tions, orders, or other related materials shall be final 
orders and binding upon all courts of the United 
States and the several States except a United States 
Court of Appeals or the Supreme Court.’’. 
(3) CONSUMER REPORTS.—Section 626 of the 
Fair Credit Reporting Act (15 U.S.C. 1681u) is 
amended by inserting after subsection (o) (as added 
by subsection (d)(3) of this section) the following 
new subsection: 
‘‘(p) USE OF INFORMATION.—
‘‘(1) IN GENERAL.—
‘‘(A) 
CONSENT.—Any 
information 
ac-
quired from a request or an order pursuant to 
this section concerning any United States per-
son may be used and disclosed by Federal offi-
cers and employees without the consent of the 
United States person only in accordance with 
the provisions of this subsection. 
‘‘(B) LAWFUL PURPOSE.—No information 
acquired from an order pursuant to this section 
may be used or disclosed by Federal officers or 
employees except for lawful purposes. 
‘‘(2) DISCLOSURE
FOR
LAW
ENFORCEMENT 
PURPOSES.—No information acquired pursuant to 
this section shall be disclosed for law enforcement 
purposes unless the disclosure is accompanied by a 
statement that the information, or any information 
derived therefrom, may only be used in a criminal 
proceeding with the advance authorization of the At-
torney General. 
‘‘(3) NOTIFICATION OF INTENDED DISCLOSURE 
BY
THE
UNITED
STATES.—Whenever the United 
States intends to enter into evidence or otherwise 
use or disclose in any trial, hearing, or other pro-
ceeding in or before any court, department, officer, 
agency, regulatory body, or other authority of the
United States against an aggrieved person any infor-
mation obtained or derived from a request or an 
order pursuant to this section, the United States 
shall, before the trial, hearing, or other proceeding, 
or at a reasonable time before an effort to so dis-
close or so use this information or submit it in evi-
dence, notify the aggrieved person and the court or 
other authority in which the information is to be dis-
closed or used that the United States intends to so 
disclose or so use such information. 
‘‘(4) NOTIFICATION OF INTENDED DISCLOSURE 
BY STATE OR POLITICAL SUBDIVISION.—Whenever 
any State or political subdivision thereof intends to 
enter into evidence or otherwise use or disclose in 
any trial, hearing, or other proceeding in or before 
any court, department, officer, agency, regulatory 
body, or other authority of the State or political sub-
division thereof against an aggrieved person any in-
formation obtained or derived from a request or an 
order pursuant to this section, the State or political 
subdivision thereof shall notify the aggrieved person, 
the court or other authority in which the informa-
tion is to be disclosed or used, and the Attorney 
General that the State or political subdivision there-
of intends to so disclose or so use such information.
‘‘(5) MOTION TO SUPPRESS.—
‘‘(A) IN GENERAL.—Any aggrieved person 
against whom evidence obtained or derived from 
a request or an order pursuant to this section 
is to be, or has been, introduced or otherwise 
used or disclosed in any trial, hearing, or other 
proceeding in or before any court, department, 
officer, agency, regulatory body, or other au-
thority of the United States, or a State or polit-
ical subdivision thereof, may move to suppress 
the evidence obtained or derived from the re-
quest or the order, as the case may be, on the 
grounds that—
‘‘(i) the information was acquired in 
violation of the Constitution or laws of the 
United States; or 
‘‘(ii) the request or the order was not 
in conformity with the requirements of this 
section. 
‘‘(B) TIMING.—A motion to suppress 
under subparagraph (A) shall be made before 
the trial, hearing, or other proceeding unless 
there was no opportunity to make such a mo-
tion or the aggrieved person concerned was not 
aware of the grounds of the motion.
‘‘(6) JUDICIAL REVIEW.—
‘‘(A) IN GENERAL.—Whenever—
‘‘(i) a court or other authority is noti-
fied pursuant to paragraph (3) or (4); 
‘‘(ii) a motion is made pursuant to 
paragraph (5); or 
‘‘(iii) any motion or request is made 
by an aggrieved person pursuant to any 
other statute or rule of the United States 
or any State before any court or other au-
thority of the United States or any State 
to—
‘‘(I) discover or obtain materials 
relating to a request or an order 
issued pursuant to this section; or 
‘‘(II) discover, obtain, or sup-
press evidence or information obtained 
or derived from a request or an order 
issued pursuant to this section; 
the United States district court or, where the 
motion is made before another authority, the 
United States district court in the same district 
as the authority shall, notwithstanding any 
other provision of law and if the Attorney Gen-
eral files an affidavit under oath that disclosure
would harm the national security of the United 
States, review in camera the materials as may 
be necessary to determine whether the request 
or the order was lawful. 
‘‘(B) DISCLOSURE.—In making a deter-
mination under subparagraph (A), unless the 
court finds that such disclosure would not assist 
in determining any legal or factual issue perti-
nent to the case, the court shall disclose to the 
aggrieved person, the counsel of the aggrieved 
person, or both, under the procedures and 
standards provided in the Classified Informa-
tion Procedures Act (18 U.S.C. App.), portions 
of the application, order, or other related mate-
rials, or evidence or information obtained or de-
rived from the order. 
‘‘(7) EFFECT OF DETERMINATION OF LAWFUL-
NESS.—
‘‘(A) IN GENERAL.—If the United States 
district court determines pursuant to paragraph 
(6) that the request or the order was not in 
compliance with the Constitution or laws of the 
United States, the court may, in accordance 
with the requirements of law, suppress the evi-
dence which was unlawfully obtained or derived
from the request or the order or otherwise 
grant the motion of the aggrieved person. 
‘‘(B) EXCEPTION.—If the court determines 
that the request or the order was lawful, it may 
deny the motion of the aggrieved person except 
to the extent that due process requires dis-
covery or disclosure. 
‘‘(8) BINDING FINAL ORDERS.—Orders grant-
ing motions or requests under paragraph (6), deci-
sions under this section that a request was not law-
ful, and orders of the United States district court 
requiring review or granting disclosure of applica-
tions, orders, or other related materials shall be final 
orders and binding upon all courts of the United 
States and the several States except a United States 
Court of Appeals or the Supreme Court.’’. 
(4) CONSUMER REPORTS REQUESTED BY GOV-
ERNMENTAL
AGENCIES.—Section 627 of the Fair 
Credit Reporting Act (15 U.S.C. 1681v) is amended 
by inserting after subsection (f) (as added by sub-
section (d)(4) of this section) the following new sub-
section: 
‘‘(g) USE OF INFORMATION.—Any information ac-
quired from a request pursuant to this section concerning 
any United States person may be used and disclosed by
Federal officers and employees, a State, or a political sub-
division of a State without the consent of the United 
States person only in accordance with the procedures es-
tablished under section 626(p).’’. 
(f) DEFINITIONS.—
(1) FINANCIAL
RECORD
REQUESTS.—Section 
1101 of the Right to Financial Privacy Act of 1978 
(12 U.S.C. 3401) is amended—
(A) in paragraph (7), by striking ‘‘and’’ at 
the end after the semicolon; 
(B) in paragraph (8), by striking the pe-
riod and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(9) the term ‘agent of a foreign power’ has the 
meaning given such term by section 101(b) of the 
Foreign Intelligence Surveillance Act of 1978 (50 
U.S.C. 1801(b)); 
‘‘(10) the term ‘aggrieved person’ means any 
person whose financial records are produced, dis-
closed, or otherwise made public without the consent 
of such person; and 
‘‘(11) the term ‘foreign power’ has the meaning 
given such term by section 101(a) of the Foreign In-